نقش وزارت فرهنگ و ارشاد اسلامی در فرایند شکل‌گیری و حیات مؤسسات مدیریت جمعی حقوق در ایران با الهام از حقوق فرانسه

The establishment of collective management organizations (CMO) has been envisaged in draft of comprehensive act for protection of literary and artistic ownership and related rights by the Ministry of Culture and Islamic Guidance of Iran. At the moment, no such organizations or similar institutions exist in Iran. Due to the lack of legislative background as well as lack of practice of such organizations, and particularly due to the importance of CMOs in commercialization of the works that are subject to copyright and related rights, it is necessary that their structures and functions are determined by law. Since CMOs manage the rights of the creators and the Ministry is the authority to provide the protection for the right holders, it is essential that the role of the Ministry of culture and Islamic guidance is clarified in connection with the establishment, structures and functions of CMOs. In this context, the experience of the states such as France because of their similarities with the Iranian legal system is of particular importance. This article tries to examine the establishment process, structures and functions of CMOs in France and analyze their implications to ministry of Culture and Islamic Guidance of Iran.