Document Type : Original Article
Authors
1
PhD Student in Public Law, Zahedan Branch, Islamic Azad University, Zahedan, Iran
2
Faculty member of Law Department, Imam Sadegh (AS) University, Tehran, Iran
3
Assistant Professor, Faculty of Law, Birjand University, Birjand, Iran.
Abstract
The laws and legal system in the field of art with a focus on music, cinema and theater face many gaps and challenges. This article seeks to find the gaps in the legal system and laws in the field of art and provide a model for legislators to legislate a comprehensive law of art. The study revealed five structural problems, which are: lack of specific law of art, instrumental view of art for the realization of "Islamic and Iranian art", guardian view of "butterfly system" works of art instead of "registration system", lack of attention to " The rule of law, especially the "civil liability of the state" and, ultimately, non-transparent artistic enterprise. Therefore, according to the above-mentioned structural flaws and flaws in the laws and regulations mentioned in the article, to present the "model of comprehensive law of art", eleven indicators have been counted, which are: rule of law, free and non-control approach, government civil liability, principle Transparency, a supportive approach to artists, coherence of laws from production to distribution, prevention of government entrepreneurship, transparency of government budget and credit laws, independence of unions, narrow negative definitions and an artistic approach not tools in laws and regulations.
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