The General Rules Governing the Contracts for the Utilization of Literary and Artistic Rights in Iran through Comparative Study in French and Egyptian Law

Document Type : Research Article

Authors

Abstract

Law Department, Ferdowsi University of Mashhad
The importance of the exploitation contracts protecting the literary and artistic rights has, in some legal systems like France, resulted in the devising of general and common regulations about the formation of the above-mentioned contracts. However, so far no independent section has been thought of in the Iranian legal system for explicating common regulations governing these categories of contracts. Contrary to some predictions, such formalities as the contracts being in written form in the French and Egyptian laws, the formation of exploitation contracts has no formalities in the Iranian legal system. In the above legal systems, making exploitation contracts for the financial rights of the producer is feasible by his/her conventional or legal representative; but the exertion of the non-material aspects intermingled with it is in the authority of the producer himself/herself. Similarly, the general transfer of the future literary works is in principle regarded as void. Besides, the topical domain and different transferential rights, their quality and the procedure for exploiting it should be determined. As for the exchange contracts for exploiting literal and artistic rights in French law, the necessity of participation of the producers in the incomes of exploitation of one’s work is established; whereas, in Egyptian legal system there is no possibility for the relative participation, determining a fixed sum, or a combination of it. In the Iranian legal system, no special regulation is established in this respect and this issue is included in the general regulations.

Keywords

Send comment about this article
CAPTCHA Image

Files

History

  • Receive Date: 30 August 2011
  • Accept Date: 30 August 2011

Share

How to cite

Statistics