Manipulation and Distortion in Literal and Artistic Works Under Iranian Criminal Law: Criminological Study

Forensic Research & Criminology International Journal ISSN: 2469-2794

8 Pages Posted: 12 Feb 2017

See all articles by Mahmood Malmir

Mahmood Malmir

Islamic Azad University (IAU)

Ehsan Zar Rokh

University of Tehran; Islamic Azad University (IAU) - Kermanshah branch, Students

Mina Agha Mir Ali Akbar

Islamic Azad University (IAU)

Date Written: December 3, 2015

Abstract

The crime of manipulating and distorting the literal and artistic works and publishing them, because of literary and artistic property rights which is itself a branch of intellectual property rights, is punishable and has a criminal enforcement guarantee. This crime is a deliberate act with the general malicious aim and is conceivable both in form of act and abandoning the action. Anyone can commit the crime except the creator. The criminal enforcement guarantee of this crime which is the subject of article 19 of the Authors, Compilers and Artists’ Rights Protection Law, act 1969, is mentioned in the article of the law which consists of correctional imprisonment from three months to 1-year, and with this penalty, there is the possibility if publishing the contents of the sentence in a newspaper according to the demand of the private plaintiff preventing the publication, distribution and supply of complaints and confiscating them. Compensation also must be paid beside the penalty. In this case, crime pursuit is possible only with the private plaintiff’s complaint and the Criminal Court has jurisdiction to find out the crime of changing and distorting literary and artistic works and publishing them; of course, this can be followed in Dispute Settlement Centers.

Keywords: Literary property rights, Author, Composer, Work, Creator

JEL Classification: K00, K10, K14

Suggested Citation

Malmir, Mahmood and Zar Rokh, Ehsan and Agha Mir Ali Akbar, Mina, Manipulation and Distortion in Literal and Artistic Works Under Iranian Criminal Law: Criminological Study (December 3, 2015). Forensic Research & Criminology International Journal ISSN: 2469-2794 . Available at SSRN: https://ssrn.com/abstract=2894977

Mahmood Malmir

Islamic Azad University (IAU) ( email )

Ashrafiesfahani Street
tehran, Isfahan 14515-411
Iran

Ehsan Zar Rokh (Contact Author)

University of Tehran ( email )

Tehran
Iran
00989183395983 (Phone)

HOME PAGE: http://www.zarrokh.ir

Islamic Azad University (IAU) - Kermanshah branch, Students

Iran

Mina Agha Mir Ali Akbar

Islamic Azad University (IAU) ( email )

Hamedan, Iran
Tehran, Isfahan 461-15655
Iran

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