https://www.lawandart.ir/ Law and Art en daily 1 Tue, 27 May 2025 00:00:00 +0330 Tue, 27 May 2025 00:00:00 +0330 https://www.lawandart.ir/article_221778.html In cases of infringement of literary and artistic works, the courts usually examine the nature of the similarities between the plaintiff's and the defendant's works to determine whether what has been copied is an unprotected "idea" or a protected "expression". This separation between idea and expression in the protection of works represents the principle of idea-expression dichotomy, which is accepted as the basis of protection in all systems of literary and artistic creations. Based on this principle, the works are protected in an expressive form and the idea alone is not protected. But the common understanding of the idea under the title of what exists in the human mind and has not been expressed externally, in practice excludes from protection ideas that are so innovative and organized that it can be said to be the result of the explorations of a unique mind. The present study tries to give the judges an evolved standard in sync with the needs of future literary and artistic development in order to distinguish what is allowed for copying, by applying the analytical-descriptive method in reconsidering the idea-expression dichotomy, and concludes that to consider the idea absolutely as part of the public domain is rejected considering its harmful results and certain types of ideas should be protected. https://www.lawandart.ir/article_221843.html Every movie constructs a world that narrates it. This constructs inside a meaning structure with a linguistic format and based on rules and norms in relation with the social context, which can be understood and interpreted by deconstructing its elements, which is hidden in its appearance. In this research, an attempt has been made to make Reza Dormishian's movie "No choice" the subject of a deconstructive narrative with a constructivist and symbolic approach and using the thematic analysis technique. The results of the research show that the most important themes around which the movie has gained meaning are: "Human rights; lack and necessity", "woman and femininity", "social responsibility", "relativity of moral standards" and "pragmatism and flexibility in agent's action". " No choice" is a narrative of a structure in which fundamental human rights are violated in a systematic way, and agent actions at the micro level do not find the ability to prevent violence and impose it. In such a structure, due to the lack of a common normative order, the activists who seek resistance may be in conflict with each other, but at the same time, in a common way are in deprivation of access to resources is located within the dominant structures and they have similar fates. In its lower layers, the movie admires the action of subjects - specifically, socially active women - who, by adopting a selfless approach while accepting structural deprivations, seek to change rules and norms in order to achieve justice. https://www.lawandart.ir/article_221845.html This article examines the limitations of three well-known directors' films (Iraj Qaderi, Kamal Tabrizi, and Naser Taqvai) that were censored for political reasons, following the rules set up in the 1980s. Regulations were also applied in the sphere of cinema and film examination between 1978 and 1990, when the nation's legal system was being built and established and these filmmakers' films faced a significant inspection barrier. The films "O Iran" for giving a different view of the Islamic Revolution and mocking police, "In the Slaughter of Love" by Kamal Tabrizi to darken the war inflicted by Iraq against Iran, and "In Purgatory" by Iraj Qaderi under the disguise of using actors of the Pahlavi regime were censored. The auditors of the 1980s, however, ordered the confiscation of these works based on non-legal criteria, which is inappropriate. In order to prevent the illegal films auditing, removing the auditing system or entrusting the monitoring to beneficiary groups is a suitable alternative to correct the current auditing in the cinema. https://www.lawandart.ir/article_221852.html Today, in the light of new attitudes in media studies, the discussion of media representation of religion has been taken into consideration. As the seventh art, cinema has always been related to Sharia-oriented approaches and the representation of religion has been reflected in movies. Based on this, this research aims to analyze and evaluate the movie "Seven" in the light of the criminological theory of neutralization using qualitative methods. Based on the findings of this research, the movie "Seven" focuses on the seven major sins in Christianity, including the sins of gluttony, greed, laziness, lust, pride, envy, and anger. They are killed. Based on the findings of the film analysis, the killer in the light of techniques of neutralization such as denial of victimhood, denial of responsibility, denial of damage, condemnation of the condemned and belief in higher values, by killing a man with a belly, a greedy lawyer, a proud woman, a lazy man and a prostitute, the victim. Making himself guilty of the sin of envy and destroying Detective Mills as guilty of rage justifies the commission of serial murders. However, the overall evaluation of the film shows that despite the punishment of the sinners in the obvious meanings of the film, appeal to otherworldly forces, considering the divine mission and murder with the belief of Mahduraldam are part of the hidden meanings of the film. https://www.lawandart.ir/article_221853.html When it comes to the possibility of coexistence of law and art, it seems that there are many contexts and possibilities, the origin of which should be sought beyond words, sentences and expressions. In other words, the secret of such compatibility lies in the language tricks and techniques that are used in terms of rhetoric that sometimes is affirmative or obligatory. Hence, in the pursuit of a starting point for the conflict between art and law and finding an answer for it, to clarify the origin of the research to some extent, is not very consistent with the purpose, without a doubt, to estimate the end of this relationship between is not an exaggeration. It is believed when human beings came into being, the artistic and legal taste has pushed him forward and this same taste has guided and managed him until today. At least by relying on historical data and agreement for the hypothetical beginning of law and art, can identify the manifestations of this auspicious combination and pave the way for future upcoming researches. In the following article, it will be discussed the starting point from the ancient period in Greece until now, in a super-transient manner, also, the most well-known aspects of the influence of law on art (except for the normative influence of law on art), such as: (the art of oratory, the art of persuasion, the art of reasoning, the art of justification, the art of defense and so on is depicted. https://www.lawandart.ir/article_221858.html 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. https://www.lawandart.ir/article_221674.html The book, despite having the protection of freedom of expression in the Iranian constitution, is facing a censorship in the regulations. According to Article 4 of the "Revised regulation on the Goals, Policies, and Rules of Book Publishing" approved by the Supreme Council of Cultural Revolution in 2010, there are items under the heading "Politics and Society" that can be evaluated under political censorship.In this research, regardless of the fact that the council does not have the authority to restrict freedom of expression, the political censorship causes in the council's regulation have been adapted to the laws.The result indicates that the council's regulation does not contradict the laws in cases of insulting officials and illegal disclosure of classified documents. But the censorship causes under the title "advertisement and conflict with Constitution and revolution","inciting the society to revolt against the government and revolution", "promoting anti-revolutionary elements and secular and royal governments", "propaganda of dependence on domineering powers and opposition to the independence of Iran","propaganda against national interests and security" and rendering the government inefficient" and "disrupting and doubting the national unity and territorial integrity of the country",for the reasons of "the historical nature of the revolution phenomenon and the impossibility of criminalizing opposition to history, predicting the crime of propagandistic activity against the government in the law and the need for an uprising against Government by practical action, the impossibility of absolute opposition or agreement with all kinds of political regimes, which are concepts of public law and political science, the irrationality of introducing scientific ideas and terms as the red line of the book, the vagueness and generality of the words National security or interests and extracting different crimes from them", are contrary to the laws and deserve to be reformed. https://www.lawandart.ir/article_221859.html Conscientious Objection is similar with struggle of complaint human with unfair rules for disobedience of executing law. According to ethical, religious teachings, although in international human rights documents is not obviously referred to identification method; from classic viewpoint of 20th century that supervise over refusal of entering to mandatory military service in some countries and in recent decade, health and treatment, environmental issues, tax and toll, marriage registration, judicial investigation, refusal of some general and administrative officers from executing rules that are in contradiction with individual conscience or personal-group ethics is topic that is available in several sequences of dramatic movie of “Hacksaw Ridge” and complaint to war rising policies of Second World War including: Desmond Thomas Doss as private in leading actor of movie, carrying and shooting fire with weapon, refusal of military work on praying day, nurse assistant service to soldiers of other party. Findings of this research is descriptive- analytical and show that age of acceptance and satisfaction of group conscience while writing law, interpretation of rules or writing judicial judgments are effective on solving contradiction between law and right of conscience objection.