Identification of property in Imami jurisprudence and, accordingly, in Iranian law, is conditional on having exchange value, legitimacy, possession and transferability. Unusual digital tokens that have created a huge transformation in the field of intellectual property rights and virtual objects are known from the perspective of common property; However, the mere customary identification of its property is not the reason for the validity of the property from a jurisprudential and legal point of view, and other conditions for property identification must be met. This research, with a descriptive and analytical method and using library and internet tools, deals with the feasibility of applying the taxation conditions in Iranian law and Imami jurisprudence to Non-Fungible Token. related to property, such as whether it is movable or immovable, the ability to seize it, etc. in relation to this issue in future research. The results of the research indicate the conformity of the four criteria for identification of ownership obtained from the summation of the opinions of Imamiyyah jurists and the custom of economists on digital tokens. Therefore, such tokens in virtual space have financial conditions and will be classified as assets, and civil and commercial legal effects will follow them.1. Introduction
The world has entered a new era since the beginning of the 1980s. Understanding what it is and why it is and understanding the necessary planning to cope with it requires the use of new concepts and theories. Virtual space, as a product of new information and communication technology, has a decisive role in this. This real space, which is an extension of human society in the context of information and communication technology, is an infinite space that organizes all kinds of interactions through information and communication in a digital context. In this space, regardless of the limitation caused by physical geography, extensive communication between persons with each other, persons with objects and objects with each other is provided through computers and in a digital process.
One of the latest phenomena of organizing economic and non-economic interactions in the virtual space is called blockchain, which has created a huge evolution in terms of security, speed and transparency of data. Blockchain technology has brought many derivatives to humanity, one of the most prominent of which is Non-Federal Digital Tokens (NFT). These tokens have various applications in the field of economy, trade, culture, politics and other social and interactive affairs of humans with each other, humans with objects and objects with each other. Although today, art, business, and music are at the forefront of using this tool, and the buying and selling of things such as works of art, digital books, and in fact anything that can be converted into this type of token has become common.
The basic question regarding these tokens is that according to these economic functions, from the perspective of Imami jurisprudence and according to Iranian law, do these tokens have the conditions to be recognized as property so that it can be assumed that they can be owned and have legal effects on them? or that if buying and selling takes place, it is only for the common practice and basically these tokens do not have juridical value. The purpose of this research is to investigate the conformity of property identification criteria in Imamiyyah jurisprudence and Iranian law on non-homologous digital tokens.
Considering that previous researches have generally dealt with finance in the cyber space or paid attention to cryptocurrencies in general, the present research has this innovation that it specifically deals with the finance of non-traditional digital tokens, which until the time of writing this article, in Persian sources, there is no research in this field. The context is not visible.
2. Methodology
The method used for this research is descriptive-analytical. In this article, two categories of sources are used: the first category includes authentic books of Imami jurisprudence, laws related to property rights in Iran's legal system, and authentic articles that serve as a reference for obtaining the nature of property and the criteria required for token comparison. Non-homosexual digital tokens are considered in Imamiya and Iranian jurisprudence, and the second category includes valid educational courses, international authoritative articles and sites that are used to obtain the required information related to non-homosexual digital tokens.
Non-Fungible Token in Iran, like in other countries, is a new phenomenon and does not have a diverse and extensive research history. in other words, this article is the first research in Iran's legal system that comments on the property of these virtual objects.
It should be noted that some limited research related to the rights of Non-Fungible Token in Iran has been done in the form of a thesis in the field of intellectual and intellectual property rights, such as the role of Non-Fungible Token in supporting intellectual property rights at the University of Tehran.
3. Results and Discussion
In order to identify any issue in terms of whether it is tax or not, it is necessary to determine the classification of the issue, because each classification of property requires its own criteria for taxation. In Iranian law, property is divided into the same category as tangible property and benefits. A benefit that is included in the category of property can be manifested in two forms, object or service. As a result, in general, regardless of whether the subject of property is object or benefit, property can be considered in this division according to its different nature, object or service. Any non-physical activity that is transferred from its provider to the applicant is called a service, the characteristics of services include intangibility, non-storability, uniqueness, customer participation in services, and inseparability. In contrast to services, Non-Fungible Token have the ability to be stored in digital wallets, they are also independent of their creator after production and are portable in the virtual space through transfer on the blockchain platform, as a result, digital tokens are not considered services in this division and they should be put it in the category of tangible property.
The basis for examining the wealth criteria of tangible property can be pure Imamiyyah jurisprudence or special economic custom, which includes the opinions of economists. In Imamiyyah jurisprudence, there are three views on the property of the subjects, according to the first point of view, the mere presence of some kind of halal benefit is sufficient to consider the subject as property, but the criticism that can be made to this opinion is that there are some subjects that in the perspective of Iranian law And custom has value, but their benefit is not a generic; Like the photo of the father of the family, which has no benefit in generic standard, while it is very important for his family, and each member of the family may pay a lot of money to the owner to get this photo. The second view considers having a legitimate interest to be enough to be property, but this opinion is also incomplete; Because it is true that the condition of having a legitimate interest is comprehensive; But after examining more opinions, we will realize that the mere benefit and legitimacy does not make the title of property on an issue true. The third and final view in Imamiyyah jurisprudence also considers rational benefit as the criterion for property, which, like the previous views, faces the problem of being incomplete; Because there are many examples in Iran that may have a small rational benefit; However, from the perspective of Imami jurisprudence, they should not be considered property; Like pork, which is not worth eating due to impurity in Iranian law. The opinions of economists are also incomplete just like Imamiyyah jurisprudence and cannot provide comprehensive criteria and obstacles to identify tangible property. The first opinion is the theory of value and utility, which was presented by some thinkers in the 19th century. According to this theory, like the third opinion of the Imami jurists, any subject that has a rational benefit is considered property, while the mere possession of a rational benefit is not considered property and it is not under the ownership of individuals, for example, consider air, it is true that it has the rational benefit of life for humans, but it cannot be considered as property and considered as the property of limited individuals. The second opinion in the specific economic custom is the theory of value resulting from the cost of production and labor, which was presented by Adam Smith, so everything that is created based on human labor has value, but this opinion is also incomplete. Some examples of property, such as horses, are without value. The fact that a person does something on them, they are considered independently from the perspective of custom and property law.
In general, according to the fact that each of the examined opinions is incomplete, the criteria of tangible property should be found in the examination of the relationship between people and property, with a little thought in this connection, four criteria of having an exchange value that causes demand, having juridical and legal legitimacy, ability to possess and transferability can be declared as the criteria of tangible property and concluded that the criteria of tangible property in Iranian law is a combination of Imamiyyah jurists and the special custom of economists. on the same basis, Iranian law has established rules in paragraph 3 of article 190 and articles 215, 240, 348, 422, 637, 754, 773 that imply compliance with these criteria for tangible property. in the end, to check the value of digital tokens, it is necessary to verify the existence of the mentioned criteria in this type of virtual object. Non-fungible tokens due to multiple and unique applications such as creating wealth through selling works of art and playing games and creating virtual property security through providing intellectual and intellectual property rights qualify for the first criterion, i.e. having an exchange value that creates demand. In relation to the second criterion, in Imami jurisprudence as the basis of Iranian law, there are principles that can be used to leave it in case of doubt, in relation to non-fungible tokens due to the lack of a source that indicates sanctity or non-sanctity. There is a doubt in legal and jurisprudential legitimacy that by using the principle of falsity and the principle of authenticity, it is possible to judge the legitimacy of non-fungible tokens, so non-sexual digital tokens have juridical and legal legitimacy as well. Captivability is also subject to the ability to be available and assigned, which non-fungible tokens are also eligible for this criterion because they have the ability to be stored in digital wallets. In order to verify transferability as the fourth criterion, it should be noted that one of the reasons that a person reproduces and offers a work in the form of non-fungible tokens is because it is possible to maintain the intellectual property rights related to his work by selling these works and earn income, the premise of making money in this way is the transfer of non-fungible tokens to the buyer of the work, which in practice is done through the payment of the blockchain network fee and transfer to the person's wallet, as a result, digital tokens are also transferable.
4. Conclusions and Future Research
Finally, according to the comparisons made and the arguments expressed, it can be claimed that according to Imami jurisprudence and Iranian law, these tokens are considered property and are included in the property category. Considering the definition of property for non-fungible tokens can be the introduction of new and important research that is suggested by the author of the following topics:
The issue of the legitimacy of non-fungible tokens has been examined in this article only using practical principles to solve the initial confusion and it is suggested that experts in Islamic sciences deal with this aspect in a more specialized manner.
By discovering the value of these tokens, as mentioned in the conclusion, new legal issues are created that can be investigated in this direction. The topics that can be suggested for research are:
1- matching transactions based on non-representative digital assets with certain contracts,
2- the nature of creating non-representative digital assets is a contract or an event.
3- Since the value of these tokens was determined in this research, it is suggested that the legislator, by introducing a new law or amending the previous laws, consider the laws related to the value of digital tokens as illegal and establish special rules related to it.
4. The identification of these tokens as property is the reason for the authenticity of the transactions whose subject is non-ideal digital tokens (if there are other conditions for the authenticity of the transactions). Create transactions of these tokens.
Regulation of industry, trade, and commerce. Occupational law, Islamic law
Charles Onomudo Aluede, Arugha A. Ogisi , Fatelyn I. Okakah
Indigenous knowledge of music as therapy as it is understood in Nigeria has to do with the acquisition of information about the application of music for healing in traditional settings. There is no doubt that the use of music to educate, rehabilitate, and bring about healing in Nigerian indigenous societies is an age-long tradition. A survey of traditional music which was carried out through questionnaire and interview methods allude to the fact that most Nigerian cultures firmly believe in the therapeutic potency of music. From the perspectives of some selected Nigerian traditional communities (Esan, Urhobo, Itsekiri, Igbo, Yoruba, Hausa, Bini, and others) this study, therefore, reveals the various forms of manifestations of music healing traditions in different Nigerian communities. Potent as music may be in healing, if the indigenous must beget the modern, there remains a growing need to examine the indigenous understanding of music therapy. As a major aim of this study, we examined the Nigerian construct of illness; illness causation; and how Nigerian people understand music healing and its associated healing techniques. While this work reveals that music in therapy in Nigerian traditional societies has been in use over the ages, regrettably few incidences have been captured in literature. This suggests that this very important branch of music should be introduced into tertiary institutions as an academic field that should embrace cultural and clinical approaches.
The article presents an ongoing research project which aims to map the everyday musical life of Pest-Buda and outlines the structure of the public musical events of the city. It offers an explanation of the reunion as a concert genre in a regional context. The paper details the background, operation and structure of the musical life of the city based on the analysis of three daily newspapers, the Budapesti Hírlap, the Hölgyfutár and the Pesth-Ofner Lokalblatt und Landbote. More than 5,000 articles relating to the public musical life of the cities appeared in the pages of these newspapers in the 1857 issues alone. The structure of the public concert life of Pest-Buda, based on this microhistorical research, can be divided into the following categories: concerts, opera and musical theatre performances, church music, promenade concerts and promenade music, music performances in cafés and restaurants, balls and dances. From these categories, special attention has been given to the reunion genre, trying to define it more precisely based on existing research (Kálmán Isoz) and on new research on the period’s press material as well as archival musical sources (Eins für Alles. Großes Potpourri by Karl Morelli).
The article discusses some positive and negative aspects, as well as trends
in the choice of topics for final qualifying works by future musicians-teachers. In
particular, among the positive signs, there is a noticeable decrease in the number
of formal diploma “materials as needed”, their focus on the specific place of work
of the student is becoming more clearly marked, and a wide range of issues is being
discussed. At the same time, the author points out that the level of presentation
of the material and critical analysis of sources is not always acceptable, as well as
the inability of the graduate to identify different points of view, to investigate their
argumentation. The author considers one of the ways to increase the effectiveness
of scientific management of diploma works to be an appeal to a synergetic approach.
The conceptual and methodological principles of the synergetic paradigm, due
to the ability of various systems to self-development through the use of their internal
capabilities according to nonlinear laws, are expressed in the pedagogy of music
education in the multivariance of methods (and/or the alternative of their choice),
relevant in the professional development of a musician-teacher. In such an educational
model, this means giving each student the right to individually move towards
professional and creative development, stimulating independent choice and making
responsible decisions. This approach makes it possible for the scientific supervisor
to assess and predict the future development of each student, to diagnose methodological
and other gaps in time, to abandon excessive regulation of the educational process
in favor of a more free, individual, creative content, as well as to take into account
the professional context as accurately as possible.
Hip-hop has become a popular subject of academic discourse, serving as a medium through which members of several disciplinary communities can engage issues of race, representation, aesthetic, gender, class, and performance, to list some of the most frequently evoked topics. This discussion explores the aims and procedures of contemporary ethnographies in conjunction with those of traditional hip-hop studies, thus highlighting the potential a more ethnographically driven branch of hip-hop scholarship would have on the field as a whole.
The rapid transition from the so-called “silent films” to the “sound films”, that took place in the late 1920s, raises questions and speculations related to the decisions and negotiations faced by musical directors, composers and arrangers of Hollywood when defining how to musically characterize Latin America. What notions and background information of Latin American music would have reached the hands of the musicians of the Hollywood industry during the beginnings of the sound film era? What resources and musical procedures were used to represent and characterize the Latin American in the productions of that period? How did these elements contribute to the construction of Latin America through music? To address these questions, I analyze three Hollywood productions from this period. I conclude that instrumentation and rhythm consolidated as the go-to technical resources to represent Latin America through music, which helped to configure the “Latin Music” tag in the global music industry, also contributing to delineating recurrent procedures in subsequent productions aligned with US foreign policy.
Розглянуто менеджмент музичного мистецтва, який націлений на закони ринкової економіки, проте розглядає засоби медіа, зокрема радіо, як важливий чинник формування суспільної культури. Розкрито роль національного радіомовлення в становленні і розвитку академічної музики в Україні на сучасному етапі крізь призму музичного менеджменту. Досліджено, що українське радіо як важлива складова українського медійного простору, в усі роки протягом свого існування (з 1924 до 2017 р.) було державним радіомовником. Виявлено, що активне поширення, за допомогою надзвичайно великого фонду звукозапису та професійних музичних колективів Українського радіо, у медіапросторі засобами радіомовлення високовартісного музичного продукту вможливило доступність якісних зразків академічної музики для пересічного слухача.
Интерес к эстетике языческих традиций, как важной составляющей многонационального фольклора народов Урала, характерен для творчества уральского композитора М. А. Кесаревой. Многолетняя работа по изучению, собиранию и сохранению уральского фольклора являлась одной из магистральных линий профессиональной деятельности М. А. Кесаревой. Внимание композитора привлекала не только региональная культура народов Урала, но также восточная и средневековая поэзия, индийские медитативные практики, эстетика буддизма, якутские языческие ритуалы. Наиболее притягательным для творчества уральского автора стало постижение древнейших традиционных языческих отношений человека с природой. Художественное воплощение в музыке М. А. Кесаревой находят образы народных обрядов, заговоров, заклинаний, оберегов. Одним из примеров является «Камлание» для виолончели и фортепиано, в котором представлен древнейший пласт духовной культуры народа - языческий шаманский ритуал. Обращение к исследовательским работам О. В. Шуликовой, Г. Б. Сыченко, Е. С. Новик способствовало изучению шаманского ритуала камлания и его особенностей. Кроме того, опираясь на сформированный Л. С. Дьячковой способ воплощения обрядового действа в музыке И. Стравинского, стало возможным проанализировать специфику музыкальной трактовки М. А. Кесаревой одной из форм этнической религии. В ходе исследования были сопоставлены: схема самого обряда и художественное осмысление ритуала композитором. В результате были выявлены особенности претворения священного мифического действа в камерно-инструментальной музыке.
In the past two decades, Italian legislation on teacher training underwent several reforms, which have radically changed its perspective - from a final certification mostly based on savoir savant competences (scholarly knowledge, as in the former qualification course) to an approach to subject-related knowledge centering on savoir enseigné (taught knowledge). This has raised many issues which, particularly in the musical domain, have sparkled a debate on the dichotomy, deeply-rooted in Italy, between music as a playful activity and as an internal development factor of culture. The essay therefore examines the legislative models that have followed each other, from the introduction of SSIS (the teacher training college for postgraduates) down to the “Good School” Law, highlighting the strengths and critical aspects of each model, in view of designing a political-cultural approach that can move beyond dichotomies, much to the advantage of music and culture.
Music and books on Music, Musical instruction and study
This commentary discusses the paper by Schubert and colleagues in the context of the recent proposals in the field of empirical aesthetics and neuroaesthetics, emphasizing the need for inclusion of the time variable for accounting for the dynamic nature of a musical experience. At the same time, the efforts of the authors for systematizing the concepts in the field are praised.
As particularidades do material eletroacústico moveram a composição musical para outras dimensões operacionais. Dentre tantos, dois aspectos mostraram-se essenciais para o desenvolvimento da cena eletroacústica: modelos de representação específicos e o contato direto do compositor com seu instrumental. Neste artigo, pretendemos criar um breve quadro de discussões pertinentes à postura do compositor eletroacústico contemporâneo frente às necessidades de integrar algoritmos e narratividade musical em um mesmo sistema composicional. Para tanto, sugerimos a abordagem operacional de Horacio Vaggione como um ponto de partida para eliminar a lacuna entre música e computação musical.
<p><span>The article examines perceptual aspects of timbre within the context of avant-garde XX<span> century music. An excerpt from a work by Luciano Berio was taken into account. We recorded it<span> on 8 separate channels each of them devoted to small groups of homogeneous sounds, in order to<span> obtain a global result that we could modify by subtracting one or more of the recorded groups.<span> We prepared four different excerpts: one with the original version and three with modified<span> versions. 50 participants (25 experts, 25 non-experts) were invited to fill in a semantic<span> differential bipolar scale made of 12 adjectives, 6 concerning emotional and 6 sensorial aspects<span> of perception. We interpreted the subjects’ responses with the help of a spectrographic analysis<span> and of studies on timbre verbalization. The main aim of our research was to explore the<span> possibilities of timbre analysis, a field that so far has no solid scientific background. The<span> research obtained promising responses from expert listeners, while non-experts manifested a sort<span> of aesthetic refusal of this genre of music. Positive results were obtained also in the critical<span> observations of possibilities and limits of spectrographic analysis and verbalizations of timbre.<span> We hope that our initial data can be useful for future studies on timbre perception.</span></span></span></span></span></span></span></span></span></span></span></span></span></span></p>
Nesse artigo, de caráter musicológico, faremos uma análise comparativa utilizando duas interpretações da música Rosa Morena: uma do seu próprio autor Dorival Caymmi (1914-2008) e outra de João Gilberto (1931-). A partir da utilização do conceito de Campo, definido por Bourdieu (1996; 2013), iremos abordar o cenário em que o disco Chega de Saudade é lançado. Nossa premissa será que Gilberto, ao utilizar a composição Rosa Morena como base para seus procedimentos artísticos específicos, acaba estabelecendo uma desleitura da obra de Caymmi. Identificada como uma ação deformadora, a desleitura seria uma ferramenta de caráter tático, agindo dentro um ambiente de intensos conflitos e responsável por capitalizar bens simbólicos para a Bossa Nova, porém, tal economia acontecerá em uma via dupla: ao mesmo tempo em que se fortalecem as especificidades do novo estilo, a desleitura o enfraquece, devido à conexão que se estabelece com a tradição da música popular que Caymmi representa.
This document examines the evolution of various “musical gestures” during the transition from harpsichord to pianoforte, focusing on the period 1770-1820. The work is based on historical sources and on my own experience as a pianist. The first part studies effective gestures (associated to the instrument and its touch), and the second one accompaniment gestures (associated to the performance). As a conclusion, I propose that the transition from harpsichord to piano, as well as the transition from a private to a public stage generated a more extensive display of the effective and accompaniment musical gestures discussed in this work.
The main aim of this study was to present the outstanding composition created by Bartłomiej Pękiela, Missa Pulcherrima, giving the historical, biographical, and stylistic context. The author succinctly depicted, first the historical background in which the composer lived and created, sketching the rulers of Poland of the time: Sigismund III, Vladislaus IV and John Casimir, against the important political events of the period. Having delivered the most up-to-date research, he carried on to a closer presentation of the composer himself, with a few biographical details, like these of his work as the Royal Choirmaster in Warsaw, and then the Cathedral Choirmaster at the Wawel Castle in Cracow. The author of this paper drew heavily on the studies made by eminent Polish musicologist, Rev. Hieronim Feicht (1894–1967), whose research on the biography and compositions of Bartłomiej Pękiel has not be rivaled so far by anything equally insightful and exhaustive. This study is an attempt to show Pękiel’s Missa Pulcherrima in the context of mass service compositions, proving that in its extraordinary composing and stylistic values it definitely differs from the other mass pieces by this composer written in the old style (stile antico). The said composition was created after 1655, when Pękiel moved from Warsaw to Cracow so as to undertake the position of the Cathedral Choirmaster at the Wawel Castle. Most probably, it was his last composition. A liable review of Bartłomiej Pekiel’s Missa Pulcherrima was rendered by expert in the Old Polish Music, Ewa Obniska: “Without doubt, it is the most outstanding old Polish mass, the stunning composition of outstanding artistry and unparalleled subtlety of melodic side […] the most tremendous religious masterpiece of the Polish Baroque – amongst those few which have lost nothing of their influential power despite centuries passing”.
It is hard to grasp how a composer acknowledged as a symbol of the 20th century musical avant-garde, re-formed in the laboratory of electronic music in Cologne at the end of the 1950s and always eager to take on fresh stylistical challenges, resorted to folk music as a source of inspiration. If the intersection with Hungarian and extra-european elements has been studied in depth, the connection with his Romanian folk heritage remains unexplored. The study will therefore show that Ligeti’s interest in this went far beyond composition, comprising transcriptions of Romanian folk music (during his stay at the Folk Music Institute in Bucharest, in 1949-1950) and also broad theoretical approaches, later published in Budapest. The analytical reading will show that long after Ligeti had repudiated Bartók’s influence, he appeared to revisit his predecessor in exploring folk music as source of inspiration. From early pieces, such as the Romanian Concerto and Baladă şi Joc, to Hora lungă (from the Viola Sonata), Hamburgisches Konzert, Automne à Varsovie and further on to the „mash up” of folk influences from all over the world which he promoted in his works from the beginning of the 1980s onwards, leit-motifs such as „bucium”, „bocet”, „hora lungă”, „Romanian folk instruments” etc., they all mark constant references in Ligeti’s manuscripts stored at the Paul Sacher Fondation in Basel. The study will demonstrate that the composer’s music engages in a subtle discourse with his roots, forging an underground connection between Western and Eastern European culture.