Member of the Faculty of Law and Political Sciences of Allameh Tabatabai University
Abstract
Musical art is an intellectual creation and phenomenon in the literary and artistic field that is marked from the performing of a musical work. The musical work is created by the author or authors (creator/creators), and protected by author rights system. The performance of a musical work is realized by a performer or performers such as singers and musicians, and as a result of the performing of a musical work, musical art is formed. Considering that musical art is a combination of work and performance, explaining its concept and nature requires precision. The nature of the musical work is not clear in today's Iranian law, it is mostly subject to contract. In addition, the essential persons in the creation of musical art are a collection of authors and performers, and the national and international regulations governing them have been established in the two areas of author rights and related rights (neighboring rights). In various international regulations, minimum protection is provided for authors and performers of musical works, and it is mandatory for member countries. Iran has not joined any of these international regulations, either in the field of author rights or in the field of related rights, and therefore, just as the Iranian government is not committed to protect the musical art of foreigners, reciprocally, within the framework of international regulations, Iranian nationals do not have rights in Abroad. In order to properly protection of the Iranian musical art, establishing appropriate internal regulations regarding the protection of this art, especially in the field of related rights, considering the pending bill for the protection of literary-artistic property rights and rethinking about joining the international copyright regulations is essential.