نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The production and exploitation processes of these works involve determining the scope of rights for creators and producers, initial ownership, rights transfer, and mechanisms for economic utilization, which pose significant legal challenges, addressed differently across legal systems. This study aims to elucidate the legal frameworks governing creators’ and producers’ rights and to analyze methods of exploitation through a comparative examination of the legal systems of Iran and the United States. The central research question is: “How are the rights and authorities of creators and producers, as well as the mechanisms for exploiting joint television works, defined in the legal systems of Iran and the United States, and what are the fundamental differences?” The study hypothesizes that the U.S. legal system, emphasizing contracts, organizational ownership, and flexibility in rights transfer, provides a more efficient framework for economic exploitation, whereas Iran’s legal system, emphasizing moral rights and restrictions on transfer, adopts a more protective but less flexible approach. Findings, based on descriptive–analytical and comparative methods using library resources, legal statutes, contractual documents, and judicial precedents, indicate that (1) the “work for hire” principle and dominance of production contracts in the U.S. facilitate ownership concentration and multi-platform exploitation licenses; (2) prominence of moral rights and transfer restrictions in Iran strengthen creators’ personal connection to works and the role of subsequent consents; (3) differences in initial ownership, contract structures, and profit distribution affect risk allocation, adaptation, and digital exploitation; and (4) economic efficiency requires contractual clarity, precise delineation of rights, and dispute resolution mechanisms in both systems. The results suggest that balancing creators’ moral rights with contractual certainty for producers is key to effective exploitation, and harmonizing contractual standards and clarifying rights transfers can enhance legal security, attract investment, and expand cross-border markets for joint television works.
کلیدواژهها English