Supporting 'Intellectual Property Rights' of Cinematic Work

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Iran's growing cinema requires appropriate legal protection from creators and other contributors involved in production of cinematic works. The "Law on Protection of Authors, Composers, and Artists", which was approved in 1969, serves as the legislation that supports these individuals. While Iran's film industry has developed over the years, the law protecting cinematic works has remained unchanged. There is insufficient support for cinematic works in Iran, with the current law failing to fully protect the rights of authors. Also, cinematic works are not even defined in the existing law. Due to the unique features of cinematic works, such as the involvement of multiple creators and the presence of artistic elements, it is necessary to study their intellectual property rights protection. Thus, this inquiry aims to provide a comparative study of the laws of in different countries including England, the United States, France, and international conventions. Along proposing a definition for cinematic works, specific protective measures, including criteria for authenticity, support duration, and recognition of creators, will be identified. Instead of endorsing inauthentic works that expand the scope of support and is undesirable for a developing country, it would be preferable for the Iranian legislators to explicitly endorse authentic works. Moreover, regarding the authors of such works, there is no specific provision in Iranian law. Drawing from the experiences of the countries studied and international conventions, it is probable to establish the main director, screenplay writer, dialogue writer, and composer as the true creators of these works. By updating the relevant laws, satisfactory and adequate support for creators can be achieved, and therefore, the motivation for producing such works in society would be increased.
Language:
Persian
Published:
Journal of Theology of Art, Volume:9 Issue: 20, 2023
Pages:
27 to 54
https://magiran.com/p2631022