Abstract
The strategy of government for facing with music concert is examined from
viewpoint of either intervention or supervision. In the intervention strategy
through security forces, the government enforces artists for receiving prior
permission and license for holding music concerts. In fact, applying ...
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The strategy of government for facing with music concert is examined from
viewpoint of either intervention or supervision. In the intervention strategy
through security forces, the government enforces artists for receiving prior
permission and license for holding music concerts. In fact, applying licensing
system limits the artistic rights, especially the right to freedom of artistic
expression and the government may supervise over music concerts before,
during production and before presentation and only upon issuing license, the
musician is able to present the show on live stage concert. In the second
strategy, it is focused on the principle of freedom and the government upon
production of music and only in case of confronting with crime and violation of
law, may intervene in a music concert. According to positive law in Iran, a very
strict licensing system in the Ministry of Culture and Islamic Guidance is
established that apart from its fundamental weaknesses, refers to selecting the
“intervention strategy”. But also in practice, the second strategy is applied
through police force and the Judiciary. Thus, it refers to a chaotic mixed system
of intervention and supervision with different approaches that in addition to be
illogical, may lead to wasting the capital, time and energy of musicians. The
present article examines this issue and offers the following solutions:
establishment of administrative courts by maximum partnership of music guild
system (unions) at Ministry of Culture and Islamic Guidance and appeal
jurisdiction of court of administrative justice in single stage for all plaintiffs
either musicians or the government.
