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<Article>
<Journal>
				<PublisherName>Univerisity of Qom</PublisherName>
				<JournalTitle>Comparative Studies on Islamic and Western Law</JournalTitle>
				<Issn>2476-4213</Issn>
				<Volume>8</Volume>
				<Issue>4</Issue>
				<PubDate PubStatus="epublish">
					<Year>2021</Year>
					<Month>12</Month>
					<Day>22</Day>
				</PubDate>
			</Journal>
<ArticleTitle>Civil Liability of Playback in Islamic Jurisprudence, Law of Iran and American Law:  With a View on the Principles of Good Governance</ArticleTitle>
<VernacularTitle>Civil Liability of Playback in Islamic Jurisprudence, Law of Iran and American Law:  With a View on the Principles of Good Governance</VernacularTitle>
			<FirstPage>61</FirstPage>
			<LastPage>86</LastPage>
			<ELocationID EIdType="pii">1946</ELocationID>
			
<ELocationID EIdType="doi">10.22091/csiw.2021.5846.1887</ELocationID>
			
			<Language>FA</Language>
<AuthorList>
<Author>
					<FirstName>Parviz</FirstName>
					<LastName>Bagheri</LastName>
<Affiliation>Assistant Professor, Department of Law, Faculty of Literature and Humanities, University of Ilam .</Affiliation>

</Author>
<Author>
					<FirstName>Mehdi</FirstName>
					<LastName>Shabannia Mansour</LastName>
<Affiliation>Assistant Professor, Department of Public Law, Faculty of Humanities, Islamic Azad University, Central Tehran Branch.</Affiliation>

</Author>
<Author>
					<FirstName>Sima</FirstName>
					<LastName>Esmaelpour</LastName>
<Affiliation>Ph. D. Student in Private Law, Faculty of Humanities, Islamic Azad University, Urmiyah Branch.</Affiliation>

</Author>
</AuthorList>
				<PublicationType>Journal Article</PublicationType>
			<History>
				<PubDate PubStatus="received">
					<Year>2020</Year>
					<Month>08</Month>
					<Day>12</Day>
				</PubDate>
			</History>
		<Abstract>The present paper has addressed playback in the Iranian &amp; American laws aiming at determine whether playback performance in a live concert will pose compensation in Islamic jurisprudence, law of Iran and American la? American courts have proceeded the playback litigation, but despite the occasional interrogation of playback by the Ministry of Cultural and Islamic Guidance, Iranian courts have not yet shown any tendency to examine such cases. The present study has examined the injurious act of playback that is committed as the result of an omission and has scrutinized the civil liability resulting from it in Islamic jurisprudence, law of Iran and American law. Playback conflicts with the principles of transparency, accountability and responsiveness that are important principles of good governance. The research method is descriptive-analytical by reference to the written and online national and international sources. The results of studying laws of Iran and U.S. demonstrate that, if live performance is laid down in the contract e.g. the ticket, playback performance in a live concert is an omission and the one who is responsible seems to be blameworthy. As a consequence, the omission would be considered a fault and poses civil liability.</Abstract>
			<OtherAbstract Language="FA">The present paper has addressed playback in the Iranian &amp; American laws aiming at determine whether playback performance in a live concert will pose compensation in Islamic jurisprudence, law of Iran and American la? American courts have proceeded the playback litigation, but despite the occasional interrogation of playback by the Ministry of Cultural and Islamic Guidance, Iranian courts have not yet shown any tendency to examine such cases. The present study has examined the injurious act of playback that is committed as the result of an omission and has scrutinized the civil liability resulting from it in Islamic jurisprudence, law of Iran and American law. Playback conflicts with the principles of transparency, accountability and responsiveness that are important principles of good governance. The research method is descriptive-analytical by reference to the written and online national and international sources. The results of studying laws of Iran and U.S. demonstrate that, if live performance is laid down in the contract e.g. the ticket, playback performance in a live concert is an omission and the one who is responsible seems to be blameworthy. As a consequence, the omission would be considered a fault and poses civil liability.</OtherAbstract>
		<ObjectList>
			<Object Type="keyword">
			<Param Name="value">Playback Performance</Param>
			</Object>
			<Object Type="keyword">
			<Param Name="value">Law of Iran</Param>
			</Object>
			<Object Type="keyword">
			<Param Name="value">American law</Param>
			</Object>
			<Object Type="keyword">
			<Param Name="value">Civil Liability</Param>
			</Object>
			<Object Type="keyword">
			<Param Name="value">Good Governance</Param>
			</Object>
		</ObjectList>
<ArchiveCopySource DocType="pdf">https://csiw.qom.ac.ir/article_1946_fa39c4f601320e159dbd50d0240c585f.pdf</ArchiveCopySource>
</Article>
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