Right of Disclosure of artwork (a comparative study in Iranian law and French law)

Document Type : Research Article

Authors

Associate Professor , Department of Law , Ferdowsi University of Mashhad Mashhad-Iran

Abstract

Right of disclosure of artwork is one of the moral rights of author. According to that right, author entitled to decide about whether the artwork be published for public or not. Mentioned right has expressly laid down in French law in order to protect of author rights and character. We can also deduce it from Iranian law. For the purpose of improving Iranian law related to that right, this research has been studying on the ways of execution, termination and influences of the mentioned right in French law in compare with Iranian law while it has explained the definition and dominion of the right of disclosure. In respect of this research’s conclusion, the right of disclosure is a unilateral legal act and it needs to declare the intention and it also requires personal consent of author. The right of disclosure which is terminated by applying once, leads author to his economic rights. Therefore it can’t be seized for economic exploitation before execution of the right. The right of disclosure can affect the author’s contractual obligations, although it isn’t able to discharge the author from adverse party’s loses and remedies.

Keywords

Private Law
Volume 10, Issue 2 - Serial Number 2
November 2013
Pages 349-380

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