Analyzing Licensing System for Music Concert and Its Supervision in Iran

The strategy of government for facing with music concert is examined from viewpoint of either intervention or supervision. In the intervention strategy through security forces, the government enforces artists for receiving prior permission and license for holding music concerts. In fact, applying licensing system limits the artistic rights, especially the right to freedom of artistic expression and the government may supervise over music concerts before, during production and before presentation and only upon issuing license, the musician is able to present the show on live stage concert. In the second strategy, it is focused on the principle of freedom and the government upon production of music and only in case of confronting with crime and violation of law, may intervene in a music concert. According to positive law in Iran, a very strict licensing system in the Ministry of Culture and Islamic Guidance is established that apart from its fundamental weaknesses, refers to selecting the “intervention strategy”. But also in practice, the second strategy is applied through police force and the Judiciary. Thus, it refers to a chaotic mixed system of intervention and supervision with different approaches that in addition to be illogical, may lead to wasting the capital, time and energy of musicians. The present article examines this issue and offers the following solutions: establishment of administrative courts by maximum partnership of music guild system (unions) at Ministry of Culture and Islamic Guidance and appeal jurisdiction of court of administrative justice in single stage for all plaintiffs either musicians or the government.