A Comparative Analysis of the 'Contract Between the Author and the Film Producer' in Iranian and French Law

The contract for creating a cinematic work is the result of companionship and long-standing collaboration between the creator and the producer, with both parties having obligations towards each other. The author's responsibilities include not only creating the screenplay but also cooperating with the producer, director, and actors until the completion of the project. Moreover, the author should not create any obstacles or hindrances for the producer in exploiting the final work, while the producer must respect the author's intellectual property rights and pay them according to the terms of the contract. Using a comparative method and examining both Iranian and French law, I seek to analyze the contract between the author and the producer in the production of cinematic works as well as the conditions for concluding such contracts and the resulting obligations for the involved parties. In both the French legal system and the Law on Literary and Artistic Property in Iran, the contract between the creator and producer is a bilateral agreement imposing various obligations on both sides. Although, the requirement for the contract to be in writing is explicitly stated by the legislator in both the French legal system and the Iranian law on literary and artistic property, the written form requirement is not a condition for the validity of the contract. In the French legal system, the condition is to prove the existence of the contract, whereas in Iranian law, the ability to invoke the contract against the creator acts as the determining factor. Since the current laws in Iran have limited specific regulations in this area, the study of Iranian law focuses more on the draft law for the protection bill for literary and artistic property.