Volume 8 - Special Issue of Intellectual Property Law                   Medical Law Journal 2015, 8 - Special Issue of Intellectual Property Law: 133-165 | Back to browse issues page

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Sadeghi M. Equitable Share of Creators in Commercialization Contracts of Literary and Artistic Works and the Role of Collective Management Organizations. Medical Law Journal. 2015; 8 :133-165
URL: http://ijmedicallaw.ir/article-1-416-en.html
دانشکده حقوق و علوم سیاسی (مؤسسه حقوق تطبیقی)، دانشگاه تهران، تهران، ایران

Sometimes, commercialization firms (such as publicators) do not respect the equitable share of the creators of literary and artistic works in commercialization contracts. Since the creators are considered as the weaker party of contract, adopt unfair share and do not protest unfair clause of contract regulated by another party. The national laws and regulations of several countries have emphasized on the equitable share of the owner of literary and artistic works. For implementation of the mentioned right, we need collective management organizations (CMOs) in addition to laws and regulations. Whereas Iranian legal literature has not paid attention to this important and practical issue, this article tries to fulfill the current lack of research approximately. This survey constitutes two parts. The first part allocates to the concept and criteria of equitable share and the role of CMOs with comparative approach. The second part considers the exsiting reulations and bill of intellectual property protection of Iran. Finally, it suggests clear and practical solutions to the beneficiary groups.

Type of Study: Original Article |
Received: 2014/08/2 | Accepted: 2014/12/9

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