Foundations of the Protection of Cultural, Literary, and Artistic Works and Remedies for Their Infringement in the Iranian Legal System

Abstract

In today’s world, cultural, literary, and artistic works occupy a position far beyond that of mere artistic products; as manifestations of human creativity, cultural identity, and intellectual capital, they require specific legal protections. This article, employing a descriptive-analytical research method, investigates the theoretical foundations of the protection of such works within the Iranian legal system. It demonstrates that theories such as the personality theory, the labor theory, and the theory of promoting the dissemination of knowledge play fundamental roles in justifying and shaping the rules of intellectual property. Based on these foundations, the Iranian legislature, through laws such as the Law on the Protection of Authors, Composers, and Artists’ Rights (1969) and the Law on the Translation and Reproduction of Books, Periodicals, and Audio Works (1973), has endeavored to guarantee both the material and moral rights of creators. Subsequently, the article examines the methods of compensation for damages resulting from the infringement of these rights under the Iranian legal framework. These remedies include financial compensation, seizure and prevention of the dissemination of the infringing works, restoration of the previous condition, moral compensation, and criminal sanctions. Despite the legislature’s efforts, the article reveals that certain deficiencies—such as the lack of a coherent judicial precedent in the field of moral compensation, weaknesses in civil enforcement mechanisms, and the absence of specialized dispute resolution institutions—have posed serious challenges to the effective protection of cultural and literary works in Iran. In conclusion, the article presents proposals for reforming and enhancing the protection and compensation regime, aligned with international developments.