Volume 23, Issue 2 (2019)
CLR 2019, 23(2): 159-185 |
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najafi H, sadeghi M, shahbazinia M. Vicarious Copyright Infringement in the legal system of Iranian and US . CLR 2019; 23 (2) :159-185
URL: http://clr.modares.ac.ir/article-20-28858-en.html
URL: http://clr.modares.ac.ir/article-20-28858-en.html
1- Ph.D. Student, Faculty of Law, Department of Private Law, Tarbiat Modares University, Tehran, Iran.
2- Associate Professor of intangible property Law, Faculty of law, Tarbiat Modares University , Tehran, Iran ,sadegh_m@modares.ac.ir
3- Associate Professor of Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
2- Associate Professor of intangible property Law, Faculty of law, Tarbiat Modares University , Tehran, Iran ,
3- Associate Professor of Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
Abstract: (8237 Views)
In the US legal system, the courts, using the theory of vicarious copyright infringement and aiming at cultural development, impose the responsibility of copyright infringement on those who indirectly contribute of the formation it. In this system, with establishing the control of one upon another and the acquisition of the financial benefit resulting from the infringement for the person having control, the vicarious liability would established Jointly and severally. In jurisprudence and legal system of Iran, there is no general theory of vicarious responsibility, and examples of vicarious infringement are subject to the general rules of civil liability, such as the combination of direct and indirect causes which according to the doctorin of Islamic jusrist, jurisprudents' opinion, will lead to the responsibility of the direct cause, unless indirect cause, would be considered stronger cause under the custom. Given the role of the copyright system in the cultural development of societies, it is recommended that the Iranian courts, expanding the notion of being stronger cause, in some cases, provide the possibility of imposing a responsibility on those who provide copyright infringement tools. In this research, an attempt is made to explain the concept and conditions of copyright infringement in the United States and Iran through a descriptive-analytical method with hints to some civil law systems such as Germany and France.
Keywords: Vicarious Infringement, copyright, combination of direct and indirect causes, Financial benefit.
Article Type: Original Research |
Received: 2018/12/31 | Accepted: 2019/06/20 | Published: 2019/06/20
Received: 2018/12/31 | Accepted: 2019/06/20 | Published: 2019/06/20
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