Protection of the right of integrity of the author of the motion pictures; A comparative study in the legal system of USA and Iran

Articles in Press

Document Type : Research Paper

Authors

1 Department of Law, Faculty of Literature and Human Sciences, Guilan University, Rasht, Iran

2 Assistant Professor in Department of Law in University of Guilan

10.22034/law.2024.60826.3375

Abstract

In addition to economic rights that protect his economic interests, the creator of a motion pictures has another category of rights called moral rights that focuses on the relationship between him and the work. Among the moral rights, we can refer to the right of integrity of the work, according to which any change in the work depends on the consent of its creator. This article seeks to answer the question that to what extent the right to the integrity of the motion pictures is protected in the two legal systems of Iran and the United States? Is this support considered sufficient? In order to get the answer, identifying the position of the right to the integrity of the work, its importance in protecting the interests of the creator and the ways of protecting it in these two legal systems should be investigated. The current study, which was carried out in a descriptive-analytical method and using library tools, indicates that in the United States legal system, the right to the integrity of the work is only accepted in a certain category of works of art and that too under certain conditions and motion pictures are explicitly excluded from this support. In this legal system, the protection of this right has been assigned to other legal institutions such as defamation, and the evidence shows the lack of adequate protection in this regard. Although, unlike United States law, in Iranian law, the right of integrity of the work is accepted in regard to motion pictures; But in practice, the issue of extensive censorship means that we don't see proper protection of this right.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 12 November 2024

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