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Author(s): 

Zahedi Mehdi | Solhchi Sara

Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2024
  • Volume: 

    12
  • Issue: 

    45
  • Pages: 

    43-74
Measures: 
  • Citations: 

    0
  • Views: 

    23
  • Downloads: 

    0
Abstract: 

In contemporary intellectual property law, Literary and artistic property rights extend beyond mere movies or Literary works to encompass the fictional Characters integral to these creative endeavors. This legal support not only serves to inspire creators but also to safeguard their imaginative achievements. Among these creations, fictional Characters hold a profound influence over our daily lives and entertainment pursuits, spanning various media such as movies, books, and computer programs. Iconic figures like Sherlock Holmes, Batman, and Superman exemplify the significant fictional Characters that have received such protection. Given the vast diversity of fictional Characters, it becomes imperative to secure the rights of their creators, thereby fostering the necessary motivation for their ongoing creativity. Consequently, the principal objective of this article is to delve into the mechanisms by which fictional Characters are safeguarded within the framework of Literary and artistic property rights. Specifically, the article seeks to address whether it is feasible to independently protect these Characters within this legal structure.To achieve this goal, a descriptive-analytical methodology is employed, drawing upon court jurisprudence, particularly in the United States, to elucidate the legal underpinnings and delineate the elements, possibilities, and criteria for protecting fictional Characters. Central to this examination are discussions on the concept of fictional Characters, methodologies for protection, criteria for identifying infringements, proprietary rights, and protected elements. Moreover, it is important to note that data collection for this article follows a documentary and library-based approach. Utilizing the library method, a cornerstone of scientific research, ensures a comprehensive exploration of existing literature and resources. Through this methodological framework, data is systematically gathered and analyzed using a descriptive-analytical lens. The article concludes that fictional Characters can indeed be independently supported, distinct from the larger artistic work. These Characters are defined as "abstractions eliciting a response in the mind of the reader or viewer through written or spoken words." Consequently, certain guiding principles must be observed in supporting fictional Characters, notably the principle of " idea-expression dichotomy." In the realm of works in in Literary and Artistic Property Law System, protection extends to the tangible expression of the work, rather than the underlying ideas. The work is defined as "the expression of creative and original Literary and artistic thoughts of the creator that has been established in the outside world." Additionally, authenticity and fixation conditions are pivotal for support, ensuring the character's origin from the creator and its objective manifestation. Further examination focuses on tests designed to assess potential violations of fictional character rights, such as the " Distinct Delineation Test," the " Story being told test,” And the "three-part test." These tests evaluate elements such as physical appearance, identity, evolution, and narrative significance. Ultimately, an analysis of relevant cases demonstrates that courts recognize the possibility of independently protecting fictional Characters, provided they exhibit originality and developed expression. The application of such tests within judicial procedures serves to bolster creator motivation, stimulate creative endeavors, and attract investment in cultural and artistic domains, alongside other cultural and social pursuits

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    13
  • Issue: 

    1 (24)
  • Pages: 

    51-72
Measures: 
  • Citations: 

    0
  • Views: 

    398
  • Downloads: 

    0
Abstract: 

The contemporary Sudanese poet, Mohammad Al-Fitouri, employed revolutionary personalities to indicate the pains of his society and their wishes for freedom. He has created an enthusiastic spirit in his poems. His Characters portray his ambitions, opinion for national and humanitarian issues in the Arab world and represents his beliefs, the torment and oppression on people. He highlights his feelings against the harsh conditions in the Arab world. This study through descriptive-analytical approach and using semiotic analysis aimed to investigate revolutionary personalities in the poetry of Al-Fitouri to reveal the semiotic connotations. To achieve this purpose, the names of political, heritage and Literary personalities were categorized and then their signs, actions and connotations in the poetic text were explored. Sometimes these Characters are signs and symbols. They have multiple connotations and convey the profound meaning of the poem. The identification of the symbolic features in Characters’ names plays an important role in preserving national values and strengthening the spirit of hope. Among the most prominent Characters were Imam Khomeini, Nelson Mandella, Salah al-Din al-Ayyubi, Antara ibn Shaddad, Abdul Khaleq Mahjoub and Sultan Taj al-Din. Results showed that the Characters in the poetry of Al-Fitouri can affect the human soul and evoke ideas as such rejection, rebellion and revolution against tyranny in readers. On the other hand, words such as garden, bird, the dust, etc. have different connotations to indicate national issues. Yet, issues like rain, jungle, river, and storm represent the people who struggle to obtain freedom. His poems carry connotations such as hope and liberty and call people to fight against injustice, colonialism and defend the dignity of their homeland.

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Author(s): 

Zahedi Mehdi | Solhchi Sara

Issue Info: 
  • Year: 

    2025
  • Volume: 

    6
  • Issue: 

    11
  • Pages: 

    23-51
Measures: 
  • Citations: 

    0
  • Views: 

    23
  • Downloads: 

    0
Abstract: 

In recent decades, intellectual property rights have followed a path of development and evolution with the issuance of judicial decisions in parallel with the technical and social developments of society. Supporting the entertainment industry, which today has a significant share of economic circulation, is one of these developments. The intricacies surrounding the ownership of Literary and graphic Characters, integral components of the entertainment sector, and the protection of their creators' rights pose complex challenges within the copyright framework. This article addresses the conditions under which Literary and graphic Characters are protected under American judicial procedure, using an analytical-descriptive method and library-based information collection. It also examines the exceptions to this protection. Research findings reveal that American jurisprudence differentiates between Literary and graphic Characters, and gives more support to graphic Characters than Literary Characters because of their visual impact on readers' minds. Exceptions to creators' rights include fair use, the Scenes à Faire Doctrine, and fan fiction.

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Author(s): 

MOEINZADEH A.R.

Issue Info: 
  • Year: 

    2003
  • Volume: 

    45
  • Issue: 

    185
  • Pages: 

    135-142
Measures: 
  • Citations: 

    0
  • Views: 

    8952
  • Downloads: 

    0
Abstract: 

What is the difference between style and Literary school? They are closely related from one point of view. However, they are also different. The oldest and newest description of Literary school have been made according to the most reliable English sources and some comparisons have been made between them. All the branches of stylistics have been accounted for too. For instance, I have tried to elaborate on the description of Mohammad Taghi Bagher's definition of stylistics. The major difference is in the analysis of meaning and we want to explain whether it is a component of Literary school or not. Is the main difference between them in this component or not? If the task of Literary style is the analysis of language and meaning, then there won't be any difference between them. Because school covers both the area of language and the area of meaning. But, if the meaning analysis of texts isn't considered as the Literary style, then there will be a wide gap between them. It seems that other notions show personal style and impersonal school. However, some believe that school has a wider meaning than style. But neither of them have any fixed foundation.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    51-68
Measures: 
  • Citations: 

    0
  • Views: 

    2777
  • Downloads: 

    0
Abstract: 

Beyhaqi’s history is one of the rare texts that has changed into either a documentary history or a creative text by the use of Literary devices. One of these devices is the usage of the fictional atmosphere and especially its particular characterization. Although they are historical Characters but they are created again in Beyhaqi’s history. This creation is formed by the dramatic way. In addition that it expresses directly the external characteristics like their talking and manners it even shows their feelings or temperament for the readers by logical relationships. In this work it is presented the believable and imaginable persons. The author tries to make an atmosphere that Characters present themselves by their actions or in relation with other people and reflect against their soundings around world. Therefore, Beyhaqi has created the dramatic Characters.

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Author(s): 

zarei mehrdad

Journal: 

Literary CRITICISM

Issue Info: 
  • Year: 

    2024
  • Volume: 

    17
  • Issue: 

    68
  • Pages: 

    83-125
Measures: 
  • Citations: 

    0
  • Views: 

    20
  • Downloads: 

    0
Abstract: 

Literary theory is a systematic study of the essence of literature and a way to analyze Literary phenomena. Although the Literary theory has been widely used in Persian literature research in recent years, it seems that its semantic and empirical realm has not been well established; because in some research conducted in the field of Persian literature, individuals’ Literary opinions have been mistakenly read as Literary theory. In the following article, to show the difference between Literary theory and Literary perspective, five specific characteristics of Literary theory have been explained and described; which includes these items: “Arising from a philosophical mindset”, “Systematic and coherent”, “The result of reflection on the text”, “Providing a new perspective” and “Using in criticism”. In the following, the extreme point of view that believes in the similarity between some opinions in Persian classical texts and Western theories on the existence and even the precedence of theories in its past has been criticized. And it is clear that basically the discovery of these views in past scientific and Literary texts was due to familiarity with western ideas. In the end, the result shows that because of the inefficiency of the Literary opinions collected by the researchers from the characteristics of a theory, the term “Literary theory” is not correct and accurate for their opinions and Literary opinions. It is better to use the term “Literary perspective” to make the field of knowledge of Persian literature more precise about such opinions and theories, so that this term has its own specific definition and examples.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    2
  • Pages: 

    191-218
Measures: 
  • Citations: 

    0
  • Views: 

    49
  • Downloads: 

    16
Abstract: 

Using fictional Characters in the marketing and advertising of goods and services is one of the oldest and the best known form of merchandising with a multi-million dollar annual turnover. The fame and popularity of most fictional Characters go far beyond their role in the original works which first featured. In addition, many Characters are created outside the context of any particular work and may therefore remain without mechanism and law protection. So, ensuring fair protection to the creators and their owners against unauthorized profit from their creativity is necessary. This paper seeks to answer the question whether it is possible to delineate a position for fictional Characters to pursue their independent lives from primary works in legal systems? To answer this question, through a descriptive and analytical approach and by following American law, the authors try to examine the capacity of copyright and trademark systems and the situation which Characters enter into the public domain. Undoubtedly, explaining how to protect the fictional Characters and their creators, as well as, exploring other aspects of this right, such as identifying infringement criteria and the public domain's contribution to these rights, in addition to assist the jurisprudence, will enhance cultural activities and augment the richness of Iranian legal literature.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    1
  • Pages: 

    191-218
Measures: 
  • Citations: 

    0
  • Views: 

    45
  • Downloads: 

    5
Abstract: 

Using fictional Characters in the marketing and advertising of goods and services is one of the oldest and the best known form of merchandising with a multi-million dollar annual turnover. The fame and popularity of most fictional Characters go far beyond their role in the original works which first featured. In addition, many Characters are created outside the context of any particular work and may therefore remain without mechanism and law protection. So, ensuring fair protection to the creators and their owners against unauthorized profit from their creativity is necessary. This paper seeks to answer the question whether it is possible to delineate a position for fictional Characters to pursue their independent lives from primary works in legal systems? To answer this question, through a descriptive and analytical approach and by following American law, the authors try to examine the capacity of copyright and trademark systems and the situation which Characters enter into the public domain. Undoubtedly, explaining how to protect the fictional Characters and their creators, as well as, exploring other aspects of this right, such as identifying infringement criteria and the public domain's contribution to these rights, in addition to assist the jurisprudence, will enhance cultural activities and augment the richness of Iranian legal literature.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

DOTY J.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    7
  • Issue: 

    3
  • Pages: 

    0-0
Measures: 
  • Citations: 

    2
  • Views: 

    188
  • Downloads: 

    0
Keywords: 
Abstract: 

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Title: 
Author(s): 

DARAM M.

Issue Info: 
  • Year: 

    2002
  • Volume: 

    -
  • Issue: 

    33
  • Pages: 

    75-96
Measures: 
  • Citations: 

    3
  • Views: 

    4597
  • Downloads: 

    0
Abstract: 

Classification of Literary works into the types such as epic or tragedy, is called a typological approach to literature since the time of Aristotle, the typological approach has been among the major concepts of the Literary theory. A great part of the world literature and its criticism has been founded on typological classification of each Literary work and determination of its compatibility with the typological characteristics. Over the recent decades, however, the typological classification has cast doubt over the traditional classification with its Aristotelian origin, in view of the modern means of expression and emergence of mass media such as television and movie and so on which in addition to employing the traditional types of literature, have innovated other means of expression. This has resulted in the appearance of new interpretations and understandings of each type of literature, and created a new Classification. The development has not only challenged the traditional outlook, but also intrigued hot debates on the key concepts of this method, particularly, the phenomenon of interference and composition of different types in a single work. Today, the Literary types are no longer considered as absolute and fixed, but they are discussed under the influence of historical development and evolution of typological systems in literature, sociology of types and the relationship between Literary types and gender. Consequently, at the present age, the typological characteristics of Literary works are considered as historical and relative phenomena.

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