نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری تخصصی حقوق خصوصی دانشگاه شهید بهشتی تهران، ایران
2 دانشیار دانشکده حقوق دانشگاه تربیت مدرس تهران، ایران
عنوان مقاله [English]
In Iran legal system in the light of the ideas of Prominent jurists that some have banned music entirely, and some permitted only Sama dance in one hand, and refusing to become party to the major international copyright conventions on the other hand, also inconsistence between domestic rules with global model laws caused the protection of Musical works regardless of their specific conditions. Nowadays due to the transformation of these ideas and various music styles, it is required to carry out experiments in composers and other persons engaged in music rights. Composer is someone who writes down his intellectual ideas in musical form and differs from a performer who merely performs the songs composed by composer by whom the certain frame determined. Thus the protection type and its border is different from those of authors. Music author initially is called composer, however Bern Convention has introduced music arrangers as music authors. Music authors enjoy several economic and moral rights. Therefore the present article approach is revising these rights and study the limitations of them according to the most important treaties in relation to the Musical works. Then in order to advantages and disadvantages of Iran intellectual property rules recognition, the copyright laws and draft bill of protection of literary and artistic law and related rights have been studied. Also we have done our best to give the most useful approach to solve the existing problems.
Keywords: Musical Work, Composer, Arranger, Originality