Rule-formulation regarding Recognition and Protection of the Right of Public Performance Dealing with Literary and Artistic Works in Iranian Law and International Instruments

"Public performance" is a right to a part of property which is the creative product of the thought and skill of a performing artist and fashion designer. The issue of recognizing the right of public performance of a work concerning literary and artistic works, due to the increasing development of the examples of the right of performance, and its connection with authenticity regarding the field of copyright in the scope of intellectual property, has caused a lack of coherence of subjective protection of the rights related to it. In this way, it may not be possible to pass a law, in parallel with the emergence of each model or example, regarding the right of performance in its attachment.Therefore, it is necessary to provide criteria for recognition of these rights and provide them with appropriate protection.Therefore, by analyzing the descriptions found in the draft of the Intellectual Property Protection Bill and the Iranian Protection of Authors and Composers Act and comparing them with those we encounter in international instruments and the examples of the right of performance in leading countries in this field, the appropriate methods for recognition and protection of public right of performance are introduced.In the application of this analytical and descriptive methods, it is clear that in regard to the right to perform a work in the Comprehensive Intellectual Property Bill, certain points remain unclear or are expressed in a biased manner.For example, Article 101 has protected a stipulation regarding granting more rights to the performer, and while it gives a supportive aspect to the principle regarding requirement of a stipulation and agreement, it does not say anything about applying a more limited period for the performance in question or removing the performer's name in the works that can be performed. Thus, the status of these two issues remained unclear and calls for further clarification by the legislator.