The Protection of Literary and Artistic Rights without Formalities; A Comparative Study in French, Iranian and Shia Fiqh

Type : Research Article

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Abstract

Literary and artistic property is the right of the author to his or her mental creatorships. In the French legal system, genuine literary and artistic works are subject to protection solely due to their creation and manifestation, and not only is the form of manifestation unimportant, but also no formality is required for the protection of the work. Also, in some cases when the registration and deposit of a copy or copies of the work are under consideration, it has been regarded merely as a matter of burden of proof. However, in the Iranian legal system, besides the exterior manifestation of the literary and artistic work, the protection of such work respectively depends on some formalities, such as its being first published in Iran or bearing some special signs. Also, with respect to computer software, the judicial protection of the work requires the achievement of technical confirmation. Attention to the jurisprudential basics of the subject, especially common sense and the generality of the provisions that require the protection of properties, and consideration of the undesirable effects of tying the protection to formalities, point out the necessity of protection without formalities. However, recognizing a role for formalities in the determination of burden of proof may be beneficial.

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Journal of Islamic Law Research
Volume 14, Issue 2 - Serial Number 38
September 2014
Pages 121-150

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  • Received: 28 September 2013
  • Revise: 17 October 2013
  • Accepted: 31 December 2013

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