Document Type : Academicm and Research

Authors

• Sayyed Mohammad Hadi Ghabooli Dorafshan ¹
• mostafa bakhtiarvand ²
• akram aghamohammadi ³
• Sayyed Mohammad Saleh Ghabooli Dorafshan ⁴

¹ Assistant Professor, Department of Jurisprudence and Foundations of Islamic Law, Faculty of Humanities, Ferdowsi University of Mashhad.

² Associate Professor, Department of Private and Intellectual Property Law, Faculty of Law, University of Qom.

³ Ph.D. Candidate in Private Law, Faculty of Humanities, Bu-Ali Sina University.

⁴ Ph. D. Student in Jurisprudence and Foundations of Islamic Law, Faculty of Humanities, Ferdowsi University of Mashhad.

Abstract

Magicians entertain spectators by using some tricks. Creating such tricks sometimes requires spending a lot of time and money by magicians which makes this group expect protecting their intellectual endeavor and preventing their imitation and unauthorized exploitation. The advent of digital technology, with the ability of mass and rapid copying and dissemination of the tricks, has doubled the necessity of this protection. This paper, written through a descriptive-analytic method, has concluded that in Imamiyah jurisprudence, there is no obstacle to the legitimacy and consequently, the protection of magic tricks.  Under the Iranian and U.S laws, granting intellectual property rights in the form of copyright, patent, trademark and trade secrets to the magicians is a probable solution to protect this group, each having advantages and disadvantages. As an alternative solution, self-regulating rules of magicians' unions may provide a relative protection for this group.

Keywords

• Trick
• Intellectual Property Rights
• Witchcraft
• Magic
• Self-Regulating Rules