Volume 26, Issue 3 (2022)
CLR 2022, 26(3): 89-108 |
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amirahmadi K, Sadeghi M. The nature of cinematic works from the perspective of literary and artistic property rights Looking at the laws of France, England, America and India. CLR 2022; 26 (3) :89-108
URL: http://clr.modares.ac.ir/article-20-64301-en.html
URL: http://clr.modares.ac.ir/article-20-64301-en.html
1- university of tehran
2- Associate-Professor at faculty of law and political science, University of Tehran , sadeghilaw@ut.ac.ir
2- Associate-Professor at faculty of law and political science, University of Tehran , sadeghilaw@ut.ac.ir
Abstract: (830 Views)
A cinematic work is a type of work of art that in most national systems is subject to special rules compatible with the nature, type of this work and its thriving industry. In national law, despite the flourishing film industry in society and its numerous enthusiasts, it has not been legislated and does not have a set of rules governing it. One of the reasons for this gap is the lack of a precise definition of this work and the lack of recognition of its nature. The main question is what is the nature of the cinematic work in the existing legal gaps? With the definition of joint work in the current laws of intellectual property, according to the law of France and Iran, unlike England, India and the United States, the cinematographic work is considered a joint work, and in the review of other categories can be said that a cinematic work is a derivative, adapted, audio-visual work. In all the examined laws, the cinematic work is an adapted work, because the use of the elements of the original work and the change in the format in the second work and a relative originality in creativity and innovation to create an adapted work are mentioned in all the examined laws, so it should be considered The rights of adapted works should be implemented in the national legislation to respect the rights of the author of the original work and to protect the cinematographic work. Also, in French law, like Iranian law, a cinematic work is considered a joint work, so how to exploit this work in French law should be taken into consideration in the legislation for cinematic works in Iran
Keywords: Adapted work, derivative work, Joint work, artistic work, audio and visual work, cinematic work
Article Type: Original Research |
Subject:
Comparative Law
Received: 2022/09/19 | Accepted: 2023/01/17 | Published: 2023/04/25
Received: 2022/09/19 | Accepted: 2023/01/17 | Published: 2023/04/25
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