The Protection of Literary and Artistic Rights without Formalities; A Comparative Study in French, Iranian and Shiite Laws

Abstract

Literary and artistic property is the right of the author to his/her mental creatorships. In French legal system the genuine literary and aritsitic works are subject to protection solely due to their creation and manifestation, and not only is the form of manifestation unimportant but also no formality is required for protection of the work. Also, in some cases when the registration and deposit of a copy or copies of the work are under consideration, it has been regarded just for the burden of proof. However, in Iranian legal system besides the exterior manifestation of the literary and artistic work, the protection of such work respectively depends on some formalities such as its being first published in Iran or bearing some special signs. Also, with respect to computer softwares, the judicial protection of the work requires the achievement of technical confirmation. The attention to the jurisprudential basics of the subject especially the common sense and the generality of the provisions that require the protection of the properties and a consideration of undesirable effects of tying the protection to formalities point out the necessity of protection without formalities. However, the recognition of a role for the formalities in determination of burden of proof may be beneficial.

Keywords

• literary and artistic property
• formalities
• registration
• deposit
• literary and artistic works