Comparative Study of the Legal Challenges of Protecting Contemporary Arts under the Current Copyright System, with an Emphasis on Iranian and English Law.
Ph.D. in Private Law, Assistant Professor at the University of Qom.
Abstract
Despite the special status of artistic works in the current copyright system as one of the two main subjects of this system, and contrary to the current practice in many countries with open-list systems—such as France, which has extended the scope of protection to any instance of artistic work—legislators with comprehensive and closed-list systems, including the UK and apparently the current Iranian copyright law, have limited protection only to those works of art explicitly specified by the legislature. Therefore, identifying the various categories and instances of artistic works mentioned in the laws of countries is of great importance. This is particularly significant because in these categorizations, the legislature has not necessarily followed the classifications common in contemporary art schools, which has created difficulties in protecting newly emerging artistic works. On the other hand, the application of the "idea/expression dichotomy" principle, as well as the formal and substantive conditions for the protection of intellectual works under the copyright system—such as the formal condition of "fixation and durability of the work" and the substantive condition of "originality"—to certain contemporary artworks has faced challenges that require in-depth legal examination. The purpose of this article is to articulate the aforementioned challenges and, where possible, to offer proposed solutions. This is especially important for Iran's current copyright system, which, at present and with a comprehensive revision of the existing copyright law, is undergoing a fundamental transformation. It is hoped that this research has been able, to the extent possible, to take a small step toward the reform of Iran's intellectual property laws with the aim of providing greater protection for artistic works, thereby further fostering the flourishing of the artistic talents of the country's youth.
shobeyri zanjani,S H . (2016). Comparative Study of the Legal Challenges of Protecting Contemporary Arts under the Current Copyright System, with an Emphasis on Iranian and English Law.. Theology of Art, 1395(4), 5-32.
MLA
shobeyri zanjani,S H . "Comparative Study of the Legal Challenges of Protecting Contemporary Arts under the Current Copyright System, with an Emphasis on Iranian and English Law.", Theology of Art, 1395, 4, 2016, 5-32.
HARVARD
shobeyri zanjani S H. (2016). 'Comparative Study of the Legal Challenges of Protecting Contemporary Arts under the Current Copyright System, with an Emphasis on Iranian and English Law.', Theology of Art, 1395(4), pp. 5-32.
CHICAGO
S H shobeyri zanjani, "Comparative Study of the Legal Challenges of Protecting Contemporary Arts under the Current Copyright System, with an Emphasis on Iranian and English Law.," Theology of Art, 1395 4 (2016): 5-32,
VANCOUVER
shobeyri zanjani S H. Comparative Study of the Legal Challenges of Protecting Contemporary Arts under the Current Copyright System, with an Emphasis on Iranian and English Law.. Theology of Art. 2016;1395(4):5-32 (In Persian).
Theology of Art