جستجوی مقالات مرتبط با کلیدواژه "moral rights" در نشریات گروه "فقه و حقوق"

The Iraqi legislator, in the Copyright Law No. (3) of 1971 AD and the legislation subject to comparison, established controls and conditions for defining the features of collective and joint works, but defining them was not sufficient to differentiate between them. It is considered an important matter due to the confusion that may occur between the two due to the difficulty of limiting the works that fall under either of them, in addition to the disputes that occur due to the objection of the co-authors to the belonging of their work to a specific category of both works in order to benefit from the rights and benefits available to each work. In order to clarify these conditions, we will divide the research into two sections, the first of which will discuss the conditions for the existence of the collective work, and in the second, we will clarify the conditions for the existence of the joint work.

The bill "Preventing women's injuries and improving their security against abuse" which was previously referred to the Social Commission of the Islamic Council under the title of "Ensuring women's security against violence" bill; It was approved in the 20th meeting of April 1402. Undoubtedly, this bill is a positive approach towards the realization of the violated rights of women, because by revising the original version and modifying the word violence to "mistreatment", it caused spiritual damages to be taken into consideration in addition to physical damages. However, since "abuse" is a vague and floating term, not only is it not defined precisely in the bill, but also some examples of abuse, which refer to women's moral rights, have not been identified and criminalized, and this has caused preventive and protective measures. The subject of this bill does not include all traumatic situations. With this article, we are trying to identify new forms of misbehavior and evaluate the protective and preventive role that is neglected in this bill according to experts. In this article, which is written in descriptive and analytical method, new examples of misbehavior based on moral damages have been identified and the support methods specified in the bill have been criticized. However, since "abuse" is a vague and floating term, not only is it not defined precisely in the bill, but also some examples of abuse, which refer to women's moral rights, have not been identified and criminalized, and this has caused preventive and protective measures. The subject of this bill does not include all traumatic situations. With this article, we are trying to identify new forms of misbehavior and evaluate the protective and preventive role that is neglected in this bill according to experts. In this article, which is written in descriptive and analytical method, new examples of misbehavior based on moral damages have been identified and the support methods specified in the bill have been criticized.

While the exceptions to the author's economical rights are one of the accepted issues in all legal systems and are established with the aim of public interests in the legal system, the application of these exceptions and limitations to the author's moral rights is doubtful. This is despite the fact that the scope of moral rights is very wide, especially in the countries of the Roman-Germanic system, and it can be abused. In the meantime, the doctrine of fair use is one of the most important doctrines regulating copyright, which can be proposed in many intellectual property rights issues due to its wide scope. The question of this research is how moral rights are analyzed and interpreted with regard to the aforementioned doctrine. For this purpose, this article uses an analytical-descriptive method and a comparative study of the legal systems of America, is trying to address the fundamentals of limiting the author's moral rights and the possibility of applying this doctrine to the author's moral rights. And at the end it is concluded; although this theory is referred to as a flexible concept, it should be kept in mind that it will not be appropriate and possible to apply it in every legal system; Although it is possible to benefit from its flexibility regarding policymaking in the field of exceptions and limitations of authors' rights, especially in the field of new and up-to-date technologies and contemporary artistic trends

The attribution right of the authors of literary and artistic works, as one of the types of moral rights, consists of positive and negative aspects. Because of these aspects, the author should be introduced as the creator of the work and the false attribution of the work to a third person should be prevented. Given the protection of this right in the law of Iran, the United Kingdom and the United States of America, the present study attempts to examine the concept, aspects and scope of the right of attribution in these legal systems in a descriptive-analytical and comparative method. The results of this study indicate that although there are differences arising from the different legal structures and ideas of these legal systems, the creators of literary, artistic, dramatic and musical works can protect their name and identity. Of course, the duration of this right is not the same and contrary to Iranian law, in the United Kingdom and the United States of America, the protection of the author’s name is temporary.

The main issue of this research is to explain the moral right and examine the ratio of legal right and moral right with emphasis on the citizenship rights system. While examining the moral foundation of rights from the perspective of Kant and natural right, we take this question into account that How can we move towards the realization of a kind of ethicism in the field of citizenship based on the explanation of jurisprudence and provide more effective implementation of legal approaches so that citizens feel obligated to obey the law not obliged to obey the law. findings of this study, which have been collected in a descriptive and analytical manner, despite emphasizing the existence of a moral right, believes that people align their behavior with the rule only when they consider the moral model as a behavioral standard. Therefor the hypothesis of this research indicates that with considering the citizenship rights as moral rights, according to approved internal values, legal norms will be accepted cause its consistency with ethics which leads to the replacement of obligation concept with compulsion to obey the law and improves the relationship between citizen and government.

Abstract In accordance with the opinion of lawyers, the trade secrets are of the intellectual properties. In the intellectual property system, in order to protect creativity and intellectual works, two types of economic and moral rights are devoted to the creators and owners of them. moral rights is typically non-monetary concessions that are created to support the personality of the creators and, unlike economic rights, are not limited to time and place. In industrial properties, unlike literary and artistic works, the importance of moral rights has diminished in terms of focusing on commercial interests. This has intensified due to the unique nature of trade secrets, since the creativity, originality and even the novelty of the intellectual works are not important, and it is enough to take the reasonable safeguards to keep them confidential. Therefore, in written sources, there is no trace of the moral rights of the owners of trade secrets. Our findings suggest that the concept of "privacy" could be the basis for the formation of moral rights for the owners of trade secrets. Accordingly, "maintaining the confidentiality of information" and "disclosing secrets in the form of invention, compilation, and ..." are two rights that can be justified by the mentioned concept. since the source of the emergence of such rights (i.e. the occurrence of information in the owner's privacy) is not their perfect cause and since the said rights are not the main cause of the creation of an object and are not specifically reserved for the person who holds the secrets, it is better to consider the rights in question as voluntaraly and coercively transferable and abandonable.

In some civil law countries, creators of literary works are granted a special moral right known as the right to withdraw after publication. By virtue of this right, if the creator's opinions and beliefs change drastically after publication, the author has the right to prevent further publication of the work and stopping its circulation in the market. Also, in some legal systems, this right can be exercised for economic reasons in case of non-exploitation of the work by the publisher.Since the underlying principle of this right rests on the theory of personality, advocates of the right of withdrawal consider it as a suitable tool to preserve the creator's personality. In contrast, utility-based legal systems refuse to accept it because of its huge costs on publishers. This right is not explicitly recognized in the Iranian legal system. However, given that foundation of literary rights in Iran is mainly based on the preservation of creator's personality, and the right to withdraw is essentially a companion to the right to create and to disclose, this article defends the insertion of this right in Iranian Legal system

Plagiarism means copying intellectual work belongs to another and passing off as one’s own that is overlapping with Intellectual Property Law. Hence, many academics think these two terms as synonyms, but this is a false impression, and all instances of plagiarism, such as the use of the idea of another, or self-plagiarism, are not subject to intellectual property law. The present paper tries to investigate the elements and enforcements of its implementation by analytical-descriptive approach and Library- empirical methodology (reviewing Sentences of Disciplinary Disciplinary Board). Finally, it concludes that plagiarism is just part of intellectual property law, but other part of it is subject to an independent system that can lead to administrative penalties.

Linking to other websites content on the internet is a common practice which makes it easy for users to access their desired material. Two issues are raised as to linking. First, freedom of linking principle which has been justified by free nature of worldwide web and implicit authorization to link to all pages of a website by mere unconditioned presence on the web. The main reason raised by opponents is elimination of advertising profits of the front page of the linked website in certain types of linking. Another important issue is the probability of infringing the linked website owner’s copyright. Hence the need to analyze possible types of infringement i.e. direct and indirect infringement and material and moral rights exposed to infringement by linking. This article, through descriptive-analytical method, has studied the concept and different types and freedom or prohibition of linking and the relation between linking and copyright from the perspective of Imamia Jurisprudence and law and concluded that all links are not necessarily infringing and the advertising incomes of websites may be acquired through advertisements on deep pages and linking may be restricted through technological means.

The Protection of the works’ names have been considered with differences in two legal systems of the Common law and the Romani German. The base of this variances is the possibility of protecting the name of the work through copyright or the right of author. The differences are rooted in identifying the nature of the name. considering of the work’s name as an independent work or its inclusion as a part of the work can be considered as two theories about the nature of the work’s name. The present study examines the current status of Iran and some of the countries in the two legal systems in protecting of the work’s name. it also studies the nature of the work’s name, with the base of those theories. The identifying of the originality condition for the name of the work is the solution. It is also possible to protect the work’s name through the author's moral rights, with the focus on the integrity right of the work and the Paternity right of the work.

The characteristic of performers reflects in their performances so this question will be arisen that whether performers have copyright in their performances. The Intellectual Property Code of France prescribed the rights of attribution and integrity for them. However, they use other approaches for completing the protection in the practice and doctrine. In respect with Iranian regulations there is no express code or article in the case of performers and the ways of protection of their rights, it is necessary to utilize other proper solutions for protection of their moral rights. For this purpose, it is possible to consider the contract law, general rules related to person characteristic and civil liability law as a solution. Aside it is required to have especial rules for moral rights and determining the rights of attribution and integrity for performers. So the rules which are proposed in the Intellectual Property Bill can be acceptable by some alternations.

Folklore is the fruit of the efforts of various human groups that have a moral and financial value and as intellectual property of indigenous peoples are considered. On the one hand, the people of the community tend to use this asset to survive in the course of their excellence. Therefore, the protection of the assets and free utilization criteria from them is very important. Law scholars have tried to analyze the mechanism of protection and exploitation based on the intellectual property rights system. But this analysis is difficult, because the system of intellectual property rights has elements such as originality, novelty, innovation, and fixation of the work, which is difficult to achieve in the manifestations of the folklore and the use of them must also have systematic rules and regulations so that these asset are not lost. So the question is how much society will have access to it and where is the domain of owners monopoly? According to the descriptive- analytical method, this paper attempts for analyzes in the folklore in the intellectual property rights, ownership, and the scope of the exploitation. Finally, it concludes that the scope of the use of folklore requires the determination of criteria and the relevant intellectual property rights standards are effective in this regard.

In accordance with the Law on Protection of Rights of Authors, Composers and artists, Act of 1348, protection of literary and artistic Work and identification of author ownership right, starts after publishing. From this time onward these rights can be transferred through succession or testament. However, Article 65 of the Civil Law Enforcement, Act of 1365; allow the successors of the author to publish the unpublished work of their testator after his death and benefit the 50 years support. In other words, a literary and artistic work can create two materials right: One, after publishing till the author’s death, which is profitable for the successors until 50 years after his death, the other is the right provided after publishing the work by the successors and after author’s death. This creates an unreasonable result, First, ''unpublished (by the Author) works can be protected by law (whit publishing by the successors)'', and second, "The decision to publish the work, one of the moral rights, can also be inherited''!

Some satire works is based on the fun and humor with the work of others that have already been created. Since it would lead to repudiation and change work is an example of copyright infringement. In accordance with Article 6 bis, the author shall have the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation. Also, the reproduction without permission of the author is not allowed (Art.9 (1)). According to the descriptive- analytical method, this paper attempts for examine this challenge and suggests possible solutions for overcoming a major legal problem. In general, the satire works of independent identity that did not intend to damage or mockery the first author and not undermine the market is also charged to copyright infringement less.

One of the conditions for the correctness of endowment is to have a legitimate ownership, objectiveness, ability to possess and eternality of the object of endowment. On this basis, the correctness, the opponents of the correctness of moral rights endowment have cast doubts over the possibility of endowment of moral rights – which according to its functions is one of the important issues in the area of social and economic issues.
Of course there are also advocates for the endowment of moral rights whose reasons are mainly general, pervasive and beyond endowment and have judged the conditions under dispute as unacceptable fully based on rules and principles which are not aimed at endowment. These evidences basically cast doubt over the obligations of conditions under dispute.
In this analytical-descriptive research, through criticism and review of the evidences of both pros and cons, this result has been obtained that the general evidences of the pros are unable to neutral the conditions under dispute and in other words, through this way, it is not possible to prove the legitimacy of the endowment of moral rights, but due to the fact that faults made by opponents are not acceptable considering A)the philosophy of forging the disputable conditions in endowment and B) revision in their concepts, so the correctness and legitimacy of the endowment of moral rights are proved.

Right of disclosure of artwork is one of the moral rights of author. According to that right، author entitled to decide about whether the artwork be published for public or not. Mentioned right has expressly laid down in French law in order to protect of author rights and character. We can also deduce it from Iranian law. For the purpose of improving Iranian law related to that right، this research has been studying on the ways of execution، termination and influences of the mentioned right in French law in compare with Iranian law while it has explained the definition and dominion of the right of disclosure. In respect of this research’s conclusion، the right of disclosure is a unilateral legal act and it needs to declare the intention and it also requires personal consent of author. The right of disclosure which is terminated by applying once، leads author to his economic rights. Therefore it can’t be seized for economic exploitation before execution of the right. The right of disclosure can affect the author’s contractual obligations، although it isn’t able to discharge the author from adverse party’s loses and remedies.

Moral Rights deriving from intellectual creations is to protect noneconomic interests of the creator. As there have been very limited studies on the economic aspects of the intellectual creator's rights in Imami Fiqh, one cannot find deep investigation into the moral rights in Fiqh. The Islamic foundations of disclosure right as the most famous instance of moral rights is the main subject of this research. As introduction, we will have a quick overview on the concept and history of moral rights and disclosure right and its position in the western legal systems (civil law and common law). Then based on a descriptive - analytical approach, arguments from a Fiqh standpoint are presented in order to clarify the legitimacy of disclosure right. Evidences such as verses emphasizing justice (Adl) and equity (Ensaf), the hadith (tradition) of “Almajalesu Bil- Amanah”, rational argument of the freedom of author in the disclosure of his work, Valiyye-Faqih authority and Fiqh general rules such as the rule of social system preservation. All these arguments are followed by of major and minor premise criticizations such as being narrower than the claim and posing reversal answers. Finally, some of these arguments such as verses forbidding the disclosure of mysteries are approved of and their Implications has been analyzed.