Copyright

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Brief About Copyright Law

Copyright is a form of legal protection of scientific, literary and artistic works. This law includes any kind of supply of works and allows the owner of the work to exercise the exclusive rights, which include the reproduction and adaptation of works.

This law includes literary, cinematic, music production, sound recording, painting, photography and software, live performances, television and radio broadcasts, and industrial design. If the work is an article, play, song, HTML code, or computer graphic that can be recorded on paper, cassette tape, CD, or computer hard drive, it is subject to copyright law.

In general, before the invention of the printing press, and especially until the early eighteenth century, the issue of copyright was not raised at all, because on the one hand, there was no possibility of mass reproduction of literary and artistic works and there was no plagiarism (at least on a large scale); On the other hand, the individualism of the modern age had not been formed, and every work was considered a product of collective culture. Another is that due to the difficulty of travel and the small volume of human works, any kind of access to these works, in any form, was considered an absolute advantage and desirability. With the invention of the printing press, and especially after the Industrial Revolution, with the formation of the publishing industry and the emergence of new forms of production of copied works such as film and photographs and the concept of copyright was formed and entered into law. The history of copyright began with the exclusive rights and privileges of the book, and its statute in 1709, after which the Queen of Great Britain took her name, is the first statute of copyright. Initially, copyright only included the reproduction of books, but over time other restrictions, such as translation and derivation, were added.

Two issues, especially in recent decades, have made copyright a serious problem. Firstly, due to the advancement of technology, it has become possible to reproduce various works on a large scale with low cost and high speed, and secondly, the number of people who rely in various ways on the income from copying copied products (including authors, producers, photographers, journalists). , Publishers, bookbinders, sellers and…) increased. Thus, over time, a kind of contradiction arose in the legal and moral field and, consequently, in the field of cultural policy. Morally, public access to art and information is desirable, and on the other hand, some types of access are, contrary to the law, seemingly immoral. In the field of politics, on the one hand, billions of dollars are spent annually on the establishment and management of libraries so that different people around the world can access various works, and on the other hand, governments are required to develop mechanisms to restrict public access to cultural products.

There is no such thing as an “international copyright” that automatically protects authors’ writings around the world. Protection against use in any country depends on the national laws of that country. Most countries, however, provide protections for foreign works under certain conditions, which have been greatly simplified by international copyright treaties and conventions. There are two important conventions in this area, one is the Berne Convention; To support literary and artistic works and another World Copyright Convention. However, there are countries that offer little or no copyright protection for foreign affairs.

Copyright law is based on the Berne Convention. The Treaty of Bern, signed in 1886 in the city of Bern, between the monarchies. Prior to that, the legal rights of a work belonged to its author, but the author had no legal rights outside the country in question, and in France, for example, an English author’s book was published without his permission and the author had no right to object. The Berne Convention recognized the legal right to own a work as enforceable in all countries. The Berne Convention has been revised several times and since 1967 it has been administered by the Word Intellectual Property Organization (WIPO).

The Berne Convention requires the signatory states (known in the text of the treaty as “Union member states”) to protect the copyright of the works of the creators of other signatory countries as well as the works of the creators of their nationals. This creator is a person who has the citizenship of a member state and if he does not have such citizenship, he publishes his work for the first time in one of the member countries of the union or his residence is in one of the member countries of the union.

History of the Copyright Law in Iran is related to the Trademark Registration Law that was passed in 1925 and in 1969 the Copyright Protection Act was passed as the main body of copyright in Iran. In Iran, copyright law has never been properly implemented. A set of laws include the Copyright Law, including the Law on the Protection of the Rights of Authors, Writers, and Artists, passed in 1969, the Law on the Translation and Reproduction of Books, Publications, and Audio Works, passed in 1973, the Law on the Protection of Computer Software Creators, adopted in 2000, and its executive regulations. Adopted in 2004, the Law on Patents, Industrial Designs and Trademarks and Articles 62, 63 and 74 of the Electronic Commerce Law.

Iran has been a member of the World Intellectual Property Organization since 2001 and has so far ratified a number of intellectual property treaties. Iran acceded to the Madrid Convention for the International Registration of Marks in 2001, but is a party to the Berne Convention and none of the international copyright conventions, and is the sole observer in the World Trade Organization and has not acceded to the TRIPS Agreement. Some Iranian works, including those currently in the works, are not copyrighted in the United States and belong to the public domain.

In 2011, a draft comprehensive bill for the protection of literary and artistic property rights and related rights was submitted to the government by the Ministry of Culture and Islamic Guidance, which, if passed, would replace the current Iranian copyright laws. The term of protection of copyright has been increased from 30 years to 50 years. According to the registration laws in Iran, after the inventor or the creator has registered his exclusive product or work after the steps mentioned in the relevant laws, you must pay an annual amount as a property right to the registration organization based on the existing tariffs. To maintain monopoly over property during this period.

When does copyright law start and what are its conditions?

Copyright law applies when a work is created in a tangible form. For example, an American songwriter writes his lyrics, signs his name, and implies that he is the author of the lyrics by putting a Copyright © sign next to it. He then puts his writings in an envelope and posts them to his address, keeping the envelope closed. In fact, his witness is the date of the post stamp on the envelope. With this letter in hand, he now registers his work with the US Copyright Office to protect any abuse. Even if a person uses the work before it is officially registered, he can prove ownership by holding an envelope.

This example also applies to digital works, in which case when saving a work on a computer, its date and time are also preserved, and you can always prove with the original file that it is sooner than the person who somehow (for example from the web Site) you achieved your work, you created it. If you think this method has shortcomings, you can copy your work to a floppy disk or CD and post it to your address. Keep it in a safe place and open it when necessary in the presence of a witness.

When does the copyright of a work expire?

Sometimes in a copyright record we come across several dates, for example:

“© Copyright 1998, 1999 John Smith.”

Because a creator corrects, completes, or rewrites his work over time, all recorded dates specify the time of creation of the work in different periods and do not indicate when the copyright expired.

The expiration date of copyright, according to the Berne Pact, includes at least the lifespan of its creator and 50 years after his death. This amount of time covers all the member states of the Berne Convention and each country can allow more time for the copyright to be enforced, but this time cannot be less than the amount specified in the treaty. Sometimes, during a formal will, the rights of a work are given to the survivors of the owner, which, of course, must be officially approved.

Some of the provisions of the Law on the Protection of the Rights of Authors, Writers and Artists in Iran, regarding the length of time mentioned:

Chapter 3 – Duration of protection of copyright and other legal protections

Article 3 – The period of use of the material rights of the creator subject to this law, which is transferred by will or inheritance, is thirty years from the date of death of the creator, and if there is no heir or has not been transferred to anyone as a result of the will, for the same period. Public use will be provided to the Ministry of Culture and Arts.

Note – The period of protection of the joint work subject to Article 6 of this law shall be thirty years after the death of the last creator

Article 13 – The material rights of the works resulting from the order shall belong to the ordering party for up to thirty years from the date of creation of the work, unless it has been agreed for a shorter period or in a more limited order.

Note – Rewards and cash prizes and points that are awarded in scientific, artistic and literary competitions according to the terms of the competition to the works supported by this law, which belong to this article, will belong to the creator.

Article 14 – The transferee may use this right up to thirty years after the transfer, unless otherwise agreed.

Article 15 – In the case of Articles 13 and 14, after the expiration of the periods specified in those Articles, the exercise of the said right in the life of the creator shall belong to him and otherwise shall be subject to the order provided for in Article 12.

 Copyright on the Internet

When you visit a website, copying content, images or HTML code can be done with a few clicks, and many of us do this for a variety of reasons. A common misconception about materials on the Internet is that the Internet is a public space and its content is free to download, especially since SAVE or COPY files are easily possible and almost impossible to avoid. This mindset is like allowing ourselves to park in front of the parking lot door because of the parking space on the street!

What we see on the Internet can be copied if it is either government, such as embassies, universities, etc., or its copyright has expired, or the website owner has revoked or ceded his rights. Remember that “Internet” and “Public Domain” do not mean the same thing.

Content provided by others and may be used with permission

Owners of Midi files and applications, graphic images (images, bookmarks, digital artwork), text, texts, HTML, javascripts, and all other permitted uses will not allow you to use the material in question. Register in your name and this permission does not mean ownership. The copyright mark you see at the bottom of a web page is for sections created by the site owner (for example, a graphic design of a music website) not for sections that the site owner is authorized to use.

Free graphics and link images

Graphic images that are offered on sites under the title of free or free are not part of public property. You can use these images for free, but you will not be considered the “owner”. In fact, you can use them if you agree to the terms of the owner, for example, if the owner of the work has asked you not to “interfere with the image” or just use it on your personal homepage, be sure to do so. “The same goes for link images and signs.”

A general change in another person’s text, text, images, etc. and convert it to a new version

If, with the permission of the copyright owner, you make general changes to the text, image, HTML code, and the like, and these changes are in accordance with the copyright owner’s terms, you are the owner of the new work. Otherwise you will be convicted of plagiarism.

Sign

The universal mark is copyright ©, which in some cases is also displayed as (c) or (C). In Persian, to express these rights, phrases such as “All copyrights of this book are usually reserved.” Is used.

Adapted and source: Raskhoon – By Mahmoud Karimi Shroudani