mehdi zahedi; Shirin Sharifzadeh Tadi
Abstract
Originality is an essential requirement for the copyrightability of any artistic and literary work. Creative works are afforded copyright protection only if they are original. Originality has yet to be defined by international or national laws including Iranian Laws. The judicial interpretation of national ...
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Originality is an essential requirement for the copyrightability of any artistic and literary work. Creative works are afforded copyright protection only if they are original. Originality has yet to be defined by international or national laws including Iranian Laws. The judicial interpretation of national laws also differ from one another and there is no consensus on the concept of Originality. Under traditional approach, Originality is often referred as to "labor and effort" or "self expression " of the author, whereas the more approach is that of "creativity " and exercise of "skill and judgment ". However, all legal systems recognize that the work must be independent and not copied from another work.The main question of this Article is which approach can strike a balance between author’s rights and public interest to cheap and easy access to artistic works. This article will examine originality under different jurisdictions and concludes the Canadian definition is the more appropriate approach to the said question. Finally, it suggests that the Iranian legislature shall replace the term “creativity” with “skill and judgment” in 14 of article 1 of the copyright bill.
shirin sharifzadeh
Abstract
Abstract:International conventions and provisions in the context of literary and artistic works law can legislate direct and indirect criteria for protection.These criteria that have been founded in the traditional definitions and categorizations of art,can not contemplate a vast area of the contemporary ...
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Abstract:International conventions and provisions in the context of literary and artistic works law can legislate direct and indirect criteria for protection.These criteria that have been founded in the traditional definitions and categorizations of art,can not contemplate a vast area of the contemporary arts.What we know as contemporary art today has a set of unique features that do not follow the traditional artistic framework and rules.The contradicting features of this form of art lead it to a form of pluralism.some artwork like events are self-demolishing or contain a deteriorating element.The necessity of originality,idea/expression dichotomy and fixation of literal and artistic work in materialistic mediums are challenged in many forms of contemporary art,and in some cases,the art piece never finds a materialistic form.Due to the extent of the concept of art in the modern world.This article tries to investigate how international laws could protect artwork and find out how much current literal and artistic laws can support them.
