Important Legal Principles in Produce the Cinema Works

Protection of cinema works production contract in the framework of intellectual property rights dates back to more than one century ago. Analysis of its historical trend indicates that great developments have been occurred in this area. In England, Copyrights Laws 1911, 1956, and 1988 and in France, Laws 1957 and 1985 have protected film or cinema works or visual- audio works. Evolution trend of protection of these works whether in terms of title (photo, film, cinema works, and visual- audio works) or in terms of subject indicates abundant disagreements between lawyers and experts of cinema arena over years. The protection issue in these works was firstly determined in a set of photos; then with regard to the similarity of recorded contents in the filmstrip to dramatic works , the implementation stipulated in the cinema works production contract was supported and finally visual- audio work was recognized as one of the issues protected by literary and artistic property rights. In Iran, Authors and Composers Rights Law 1969 has not enjoyed the mentioned historical and theoretical support. By translating some European laws, this law was prepared and enacted by the Assembly of that time and so cinema works are faced with multiple gaps and deficiencies. This law has supported production of cinema works and visual- audio works like other works regardless of their nature and type. It has not provided a specific definition for these works and has assumed similar conditions for supporting these works; that is, it must have material form, it must be presented in Iran for the first time, and it must not be in contradiction to public order and ethics. This is among the most important reasons that it has not yet been able to support cinema and visual- audio works effectively

کلیدواژه ها:

legal principles ، production contract ، cinema works