1 2008-4390 Dr. Mahmoud Abbasi 536 Intellectual Property Rights of Cinematographic Works Pourmohamadi Mahounaki Shima b b تهران، ایران 1 3 2014 7 Special Issue of Intellectual Property Law 11 35 30 05 2013 24 07 2013 Cinema in classification of arts, is known as seventh art that includes collection of other arts like literature, music and performance. Cinematographic work is a collective work and needs cooperation of a lot of experts. As a number of people play role in making a film, finally who owened economical and moral rights of film and indeed intellectual property rights of cinematographic work? In this article, we investigate different factors in cinematographic work and express different legal opinions about the owner of cinematographic works and finally survey what is the decision of Iran’s law about it.
537 International Protection of the Rights of Creators in Iranian Cinematographic Works Rafiei Gholamreza c c دانشگاه نوشاتل، سوییس 1 3 2014 7 Special Issue of Intellectual Property Law 37 61 07 06 2013 30 07 2013 Nowadays, not only TV cables, satellites’ programs and the internet outside Iran broadcast Iranian cinematographic works without any authorization and restriction, the sale of such works is increasing in foreign countries. The breach of the creators’ rights in cinematographic works outside Iran incurs substantial damages to the cinema industry in Iran. However, these creators are not able to sue the violators and ask for compensation in the state where the rights have been breached. Currently, Iran is not a member to any copyright or related rights treaties. This Article examines and analyses the impact of the Iran’s accession to these treaties and argues that this accession plays a key role in the increase of the motivations of the creators of literary and artistic works since their rights would be protected and the scope of such protection would be expanded. This would result in the increase of the number of creative works. 538 Examination of Performers’ Rights in International Instruments and Iranian Legal System Azad Beygi Somayyeh d d تهران، ایران 1 3 2014 7 Special Issue of Intellectual Property Law 63 94 11 06 2013 01 08 2013 Performers are the ones who are protected by some of international instruments as Rome Convention, World Intellectual Property Organization’s Performances and Phonograms Treaty (WPPT) and Beijing Treaty. These persons are protected via related right system because they perform literary and artistic works. In Iran they are not mentioned in existing acts but the draft of new act which is prepared by Ministry of Culture foresees these persons and determine some economic and moral rights for them. This article compares the draft with the applicable international instruments. 539 Exhibition of Foreign Cinematographic Works in Iranian Legal System Heydari Ladan e Hadavand Mehdi f e مدیرکل دفتر حقوقی و امور مالکیت معنوی وزارت فرهنگ و ارشاد اسلامی، تهران، ایران f دانشگاه ارشاد، تهران، ایران 1 3 2014 7 Special Issue of Intellectual Property Law 95 110 19 06 2013 07 08 2013 At the moment, the protection of domestic cinematographic works is subject to "Act for Protection of Authors, Composers and Artists Rights (Copyright Law) 1970". The fact is that despite this act does not protect foreign cinematographic works and Iran is not a member of the Berne Convention and therefore Cinematographic works belonged to the foreign authors are not supported in Iran territory (except in the case of a treaty between Iran and other countries), however, in practice and in some cases, protection of foreign cinematographic works in Iran legal system, is above the law. In this article, we intend -in addition to the review of legal system in respect of exhibition of foreign Cinematographic works in Iran and clarify of certain provisions- to respond to these questions; with regard to Iran's non-membership of the Berne Convention, Rome and other treaties such as the WIPO Copyright Treaty and TRIPS why and how the rights of the authors of foreign cinematographic works are protected in Iran? And if this protection is logical and desirable, based on the existing criteria? What is the impact upon the Iranian film industry? In the case of Iran's accession to the Berne Convention or the adoption of new legislation concerning copyright and related rights, what changes in the present status of the cinema industry in Iran will happen? 540 Examination of WIPO Draft Law on Protection of Audiovisual Performances Eskandari Fahimeh g Sadeghi Mahmoud h g دانشگاه تربیت مدرس، تهران، ایران h گروه حقوق، دانشگاه تربیت مدرس، تهران، ایران 1 3 2014 7 Special Issue of Intellectual Property Law 111 147 24 06 2013 19 08 2013 The Rome convention 1967, protects performers for the first time but protection on audiovisual performances was limited by the article 19.The protection of performers were exceed in audiovisual performances in proposed draft on WPPT but the protection of audiovisual performances were excluded in the WPPT treaty. So the meeting including WIPO members and ::::::::union::::::::s was held in March 1997. After analyzing national and international laws and member states proposal for the protocol, a diplomatic conference was held for preparing the final proposed treaty on protection of audiovisual performances at Geneva in December 7-20, 2000. In this article, main proposal treaty and proposal by United States of America and European ::::::::union:::::::: on protection of audiovisual performances will be analyzed comparatively. 541 Rights of Producers of Audio and Video Media Tools Habiba Saeed i Mohtashami Mitra j i گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران j کارشناس ارشد حقوق مالکیت فکری، قم، ایران 1 3 2014 7 Special Issue of Intellectual Property Law 149 177 30 06 2013 27 08 2013 Media tools include phonogram and videogram which do not create any work but they cooperate in recording the work. Therefore, phonogram and videogram producers have an important role in work consolidation. The rights of producers of audio-visual media tools are part of the Related Rights. However, most legislation only deals with supporting producers of audio media tools, and the producers of visual media tools have never been mentioned. This Article tries to review the protection of the producers of these works with explaining the law of these affiliates of literary and artistic creations. For this purpose, the former laws and conventions along with the draft bill will be studied. 542 Merger Doctrine and Scènes à Faire Doctrine in Literary and Artistic Property Moeini Hamed k Ghaderi Maryam-al-Sadat l k تهران، ایران l تهران، ایران 1 3 2014 7 Special Issue of Intellectual Property Law 179 201 06 07 2013 03 09 2013 Merger doctrine describes that if an idea and the expression of the idea are so tied together that the idea and its expression are one there is only one conceivable way to express and embody the idea in a work then the expression of the idea is not copyrightable because ideas may not be copyrighted. The scènes à faire doctrine complements the merger doctrine by providing that certain subject matter stock images, tried and true story lines, fables and folklore, scenes of nature, are not copyrightable because they are part of the public domain and no one can obtain a monopoly on such images by putting them into a fixed and tangible medium of expression. 544 Protection of Contemporary Artistic Works under United States’ Case Law Zahedi Mahdi m Sharifzadeh Shirin n Erfanmanesh Mohammad Hossein o m دانشگاه علامه طباطبایی، تهران، ایران n دانشگاه علامه طباطبایی، تهران، ایران o مرکز تحقیقات اخلاق و حقوق پزشکی، دانشگاه علوم پزشکی شهید بهشتی، تهران، ایران 1 3 2014 7 Special Issue of Intellectual Property Law 203 230 12 07 2013 06 09 2013 Contemporary artistic works are a part of art that because of their particular nature cannot be fitted into the definition and requirements of traditional art. Such works fit uneasily into the concepts of originality, idea-expression dichotomy and fixation as conventional copyrights works do. This results in lack or inadequacy in protection of these works within national and international laws. Since some claim that the originality as a condition for protection in its traditional sense is absent in contemporary artistic works, a significant number of cases have been filed as such works in many cases infringe the rights of previous right holders. Citing the fair use doctrine under section 107 of United States’ copyright act 1976, United States’ case law tend to protect contemporary artistic works. This Article tries to clarify the differences between the characteristics of such works with the requirements defined at international level for protection and examine the United States' case law to find how and under what conditions contemporary artistic works can be protected with the fair use doctrine. 545 Nature and Characteristics of Franchise Contracts in Iranian Law Mohammadi Sam p Mohsenzadeh Ahmad Ali Mohsenzadeh Ali p گروه حقوق خصوصی، دانشگاه مازندران، مازندران، ایران دانشگاه مازندران، مازندران، ایران دانشگاه امام صادق (ع)، تهران، ایران 1 3 2014 7 Special Issue of Intellectual Property Law 231 249 23 06 2013 04 09 2013 Today, franchise contracts are regarded as one of the most important contracts in relation to the transfer of intellectual properties. Despite of such importance, the lack of any legislation in Iranian legal system has caused ambiguity in connection with nature and characteristics of franchise contracts. Due to the fact that the use of such contracts at both national and international level are becoming common, this Article tries to examine and analyze the nature and characteristics of franchise contracts based on general rules of contracts.