Volume 28, Issue 101 (spring 2023)
__Judicial Law Views __2012__, 28(__59__): __224272 |
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Nemati M. Analyzing the Right of Attribution of Creators of Intellectual Works in the Quran and Sunnah. دیدگاههای حقوقی 2023; 28 (101) :251-272
URL: http://jlviews2.ujsas.ac.ir/article-1-2085-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2085-en.html
, mnemati@ujsas.ac.ir
Abstract: (425 Views)
The right of attribution or the right of the creator's name and title on an intellectual work is one of the most famous moral rights that is accepted in the intellectual property laws of our country. Based on this right, the creator can present his intellectual work to the public with his real or pseudonymous name or without a name, and on the other hand, other people are obliged to respect the said situation and avoid any kind of seizure of the right of the creator. In addition to the fact that jurisprudence is one of the most effective branches of Islamic sciences in the Islamic society and is decisive in drawing the Islamic lifestyle, the basis of the laws in the legal system of the Islamic Republic of Iran on the holy Islamic law and the position of jurisprudence in validating legal rules, makes clear the necessity and importance of presenting this jurisprudential perspective. In the present study, by analyzing the verses of the Holy Qur'an and the traditions issued by the Imams of the Infallible Imams, peace be upon them (narrative evidence), which are library sources, an attempt has been made to explain their implications on the dimensions of this right. In total, the implications of eight categories of verses and documents and the implications of five narrations on the right of attribution have been analyzed. Verses indicating the prohibition of betrayal and the necessity of trustworthiness, verses related to justice and fairness, verses prohibiting slander and lying, and verses on the obligation to documented and substantiated speech, and a part of the letter of Amir al-Mu'minin, peace be upon him, to Malik Ashtar, the narration of the Lies that prevent the acceptance of speech, and the narration indicating The necessity of attributing speech to its speaker, Among them, there are anecdotal evidences in which many aspects of the right of attribution are legislated. Key words: right of attribution, Quran and Sunnah, moral rights of creators of intellectual works, intellectual property.
Keywords: Right of Attribution, Quran and Sunnah, Mmoral Rights, Creator of Intellectual Work, Intellectual Works, Intellectual Property.
Type of Study: Research |
Subject:
Pivate Law
Received: 2021/09/07 | Revised: 2023/10/15 | Accepted: 2022/11/02 | Published: 2023/09/10 | ePublished: 2023/09/10
Received: 2021/09/07 | Revised: 2023/10/15 | Accepted: 2022/11/02 | Published: 2023/09/10 | ePublished: 2023/09/10
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