جستجوی مقالات مرتبط با کلیدواژه « آثار نوشتاری » در نشریات گروه « علوم انسانی »

Nowadays, theories, new ideas and generally speaking information have a very important role in cultural, economic and political life of human beings. Most of the books and magazines consist of significant and broad information that they may be defective. In fact, they are goods that due to defective of ambiguous information, may be considered as defective and cause damage to their readers or users. In common law system, claims against authors and publishers for the defect of information of written works are examined on the basis of liability for the defect of goods. In our legal system, despite the existing ambiguities specifically in Consumers Protection Rights Act, applying the standards of the liability for defect of goods and acceptance of strict liability arising from the defects of written works can be an appropriate solution in solving the problems and disputes that have been occurred due to injuries caused to readers and other consumers of these works resulting from their defect. In Imamiyah jurisprudence, provoking some jurisprudential rules including ‘To whom there is benefit, there is damage to”, the liability can be imposed on authors and publishers without proving the negligence.  The method of the present study is descriptive-analytic and the method of collecting materials is a library-based one.

Considering the concept of news, it seems that this phenomenon, as an example of artifacts of the human mind, if original, can be considered as a "work of art" whether written or audiovisual, and the rules of literary and artistic property rights would apply to it. Given the ambiguity regarding the possibility of extending literary and artistic property rights to include News and the consequent confusion in some cases, the present study has investigated this issue. What is remarkable is how the inclusion or non-inclusion of News in literary and artistic property rights is affected by the way it is expressed. For example, if news covers a lecture on a scientific, technical, literary or artistic matter, only then it can be supported by paragraph 1 of Article 2 of the Law on Protection of the Rights of Authors, Writers and Artists. However, paragraph 3 of the same article would protect it unconditionally. In which case, it would be close to the laws of the United Kingdom, which explicitly support radio and television programs, including news, regardless of the originality or content.