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Contents:
Religious Authorities Ban Infringement on Intellectual Property Rights
Legal Newsletter Archive

 25 Sep 2005  

 Religious Authorities Ban Infringement on Intellectual Property Rights

  

Consequent to Iranian film producers seeking legal advice concerning film pirating, the Office of the Leader of the Islamic Revolution, Ayatollah  Seyyed Ali Khamene’i, and a number of other religious authorities labeled the action as both illegal and impermissible. The Fars News Agency reported that the Office of the Leader has given a written response to the Iranian Association of Film Producers (IAFP) in which it was noted that “the theft of artistic works and all types of illegal practices in this regard is impermissible”.

Opinion of some other prominent ayatollahs on the said issue were sought as well. Ayatollah is a  high-ranking male Shiite religious authority, generally assuming a political role and regarded as worthy of imitation.

Ayatollah Nasser Makaram Shirazi noted two points: first the practice of not having the consent of the original owners of the mentioned items is prohibited and hence a cause of liability. Second, selling, buying and using of such products which are copied without the agreement of the rightful owners is not permitted.

Ayatollah Nouri Hamedani defined the same action in a religious order as being prohibited while Ayatollah Mousavi Ardebeli has written that first it is wrong and second, if it is known that items are being produced without due permission, selling and buying of the item is equally wrong.                             

Ayatollah Yusef Sane’i said: According to the principle of non-authorization for possession of assets of other persons, unless under consent, the act is illegal the ayatollah wrote.     

The two primary issues addressed in the letter to the Office of the Leader from the IAFP concerned judgment of the action of juridical and natural persons that illicitly produce and traffic in art works to the general public and what is the ruling from the point of religion on the consumers of such items. The IAFP noted that it understood that most consumers were not aware of the legal implications of film pirating but at the same time the members are not willing to sacrifice their rights to this lack of information.

IAFP spokesperson Seyyed Gholam Reza Mousavi referred to the answers given the association and said, “The replies were very clear and specific, as was expected. These opinions from the religious and legal point of view make it transparent for buyers, sellers and those combating such illegal activities.”  

He also noted, “The answers given to the questions from Iranian film producers has the effect that many private, government and other centers and institutions would stop showing films without the permission of the owners. Mousavi added, “We have observed that in some cases films were screened for the benefit of the workers and their families in certain organizations. In other instances the video or VCD of some pirated movies were being trafficked both on the street and in shops.”