Document Type : Research Paper
Authors
1 Assistant Professor at Faculty of Law & Political Science (Institute of Comparative Law) University of Tehran(Corresponding Author)
2 LLM of Artistic-Literary Law, Imam Reza International University
3 LLM of Intellectual Property Law, University of Tehran
Abstract
Performers of literary and artistic works (including actors and singers), such as any other intellectual owners, have a right to exploit of their own artistic performance. They can exploit of this right personally, or license or assign their rights to other person through contract. These contracts usually face with legal issues such as lack of clarity in the nature of contract, transfer of Performer’ rights to producer and Performers’ stewardship and then lack of clarity of these issues can put up exploitation of literary and artistic works in a halo of ambiguity in many of contracts. In addition, studies show that Performers do not acquaint with their rights. Creativity in artistic performance and dependency of performance on Performer character are elements that promote performance contracts into worker and employer contracts and face to legal problem for realization selling and lease contract. This research question is whether the performers’ contracts require special nature and rules? what features should these contracts have? This study collects informations with analytical-descriptive approach and by means of library and field study and attempts to assess and analyze these contracts Meanwhile the rights of Performers and findings obtained through questionnaires and interview with Performers of Tehran city and finally concludes that although the performers’ contracts are subject to general rules, but require special regulations in some cases that its purpose is adjustment of relations between performers and producers and ultimately greater prosperity of the public.
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