Vicarious Copyright Infringement in the legal system of Iranian and US

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NAJAFI HAMED; SADEGHI MAHMOUD; SHAHBAZINIA MORTEZA

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Journal: Comparative Law Researches Year:2019 | Volume:23 | Issue:2 (104) Page(s): 159-185

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Title

Vicarious Copyright Infringement in the legal system of Iranian and US

Author(s)

NAJAFI HAMED | SADEGHI MAHMOUD | SHAHBAZINIA MORTEZA | Issue Writer Certificate

Keywords

Vicarious InfringementQ1

Vicarious LliabilityQ2

ControlQ2

Financial ProfitQ1

Abstract

In the US legal system, the courts, using the theory of vicarious copyright infringement and aiming at cultural development, impose the responsibility of copyright infringement on those who indirectly contribute of the formation it. In this system, with establishing the Control of one upon another and the acquisition of the financial benefit resulting from the infringement for the person having Control, the vicarious liability would established Jointly and severally. In jurisprudence and legal system of Iran, there is no general theory of vicarious responsibility, and examples of Vicarious Infringement are subject to the general rules of civil liability, such as the combination of direct and indirect causes which according to the doctorin of Islamic jusrist, jurisprudents' opinion, will lead to the responsibility of the direct cause, unless indirect cause, would be considered stronger cause under the custom. Given the role of the copyright system in the cultural development of societies, it is recommended that the Iranian courts, expanding the notion of being stronger cause, in some cases, provide the possibility of imposing a responsibility on those who provide copyright infringement tools. In this research, an attempt is made to explain the concept and conditions of copyright infringement in the United States and Iran through a descriptive-analytical method with hints to some civil law systems such as Germany and France.

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APA: Copy

NAJAFI, HAMED, SADEGHI, MAHMOUD, & SHAHBAZINIA, MORTEZA. (2019). Vicarious Copyright Infringement in the legal system of Iranian and US. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 23(2 (104) ), 159-185. SID. https://sid.ir/paper/406227/en

Vancouver: Copy

NAJAFI HAMED, SADEGHI MAHMOUD, SHAHBAZINIA MORTEZA. Vicarious Copyright Infringement in the legal system of Iranian and US. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2019;23(2 (104) ):159-185. Available from: https://sid.ir/paper/406227/en

IEEE: Copy

HAMED NAJAFI, MAHMOUD SADEGHI, and MORTEZA SHAHBAZINIA, “Vicarious Copyright Infringement in the legal system of Iranian and US,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 23, no. 2 (104) , pp. 159–185, 2019, [Online]. Available: https://sid.ir/paper/406227/en

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