The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison

Seyed Mohsen Hashemi Nasab Zavareh

doi:doi:10.11648/j.hss.20221005.15

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The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison

Seyed Mohsen Hashemi Nasab Zavareh

Published in Humanities and Social Sciences (Volume 10, Issue 5)

Received: 30 May 2022 Accepted: 11 July 2022 Published: 21 September 2022

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Abstract

In Iran, there are two statutes with regard to the protection of literary and artistic works, namely the Act on Protection of Authors and Composers 1969 and the Act on Translating and Reproducing Publications and Audio Works 1973 (from here on respectively, APAC and ATRP). In addition, computer programs are protected by the Act on the Protection of Computer Program Authors (APCP) ratified in 2000. These statutes, when closely examined, reveal the differences of the authors' material rights in terms of duration and methods of protection, although there are similarities between literary and artistic works and computer programs. This issue has affected the exceptions stipulated in material rights where these differences are observed in a larger scale. In this regard, computer programs, unlike literary and artistic works, cannot be used for educational purposes while modifications, arrangements, making backups, etc. are permitted. These differences, however, are natural and necessary when taking into account the essential differences of these genres—i.e., the commercial aspect of computer programs which outweighs its literary and artistic aspects as opposed to works of art and literature. Therefore, it seems that according to the laws of Iran regarding the Material rights belonging to the authors of computer programs an exclusive system which is not only based on literary and artistic works has been accepted.

Published in	Humanities and Social Sciences (Volume 10, Issue 5)
DOI	10.11648/j.hss.20221005.15
Page(s)	306-313
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Material Rights, Computer Programs, Literary and Artistic Works, Similarities, Differences

References

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[8]	Sterling, J. (2002). World copyright law (2nd ed.). London: Sweet and Maxwell.
[9]	Zarkalam, S. (2005). The laws on literary and artistic property in France and Germany (1st ed.). Management and Planning Organization Press.
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[11]	Ayati, H. (1996). Intellectual creation law with an emphasis on the law of literary and artistic creations (1st ed.). Hoghodan Press.
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[13]	Habiba, S. & Shakeri, Z. (2012). A discussion on limitations and exceptions of literary and artistic property law. Comparative Law Studies, 3 (1), pp. 37-54.
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[19]	Colombet, C. (2006). Grands principes du droit d'auteur des droits voisns dans le monde, (A. Mohammadzadeh Vadghani, trans.) (1st edition). Tehran: Mizan Press.
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Seyed Mohsen Hashemi Nasab Zavareh. (2022). The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison. Humanities and Social Sciences, 10(5), 306-313. https://doi.org/10.11648/j.hss.20221005.15

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Seyed Mohsen Hashemi Nasab Zavareh. The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison. Humanit. Soc. Sci. 2022, 10(5), 306-313. doi: 10.11648/j.hss.20221005.15

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Seyed Mohsen Hashemi Nasab Zavareh. The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison. Humanit Soc Sci. 2022;10(5):306-313. doi: 10.11648/j.hss.20221005.15

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@article{10.11648/j.hss.20221005.15,
  author = {Seyed Mohsen Hashemi Nasab Zavareh},
  title = {The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison},
  journal = {Humanities and Social Sciences},
  volume = {10},
  number = {5},
  pages = {306-313},
  doi = {10.11648/j.hss.20221005.15},
  url = {https://doi.org/10.11648/j.hss.20221005.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20221005.15},
  abstract = {In Iran, there are two statutes with regard to the protection of literary and artistic works, namely the Act on Protection of Authors and Composers 1969 and the Act on Translating and Reproducing Publications and Audio Works 1973 (from here on respectively, APAC and ATRP). In addition, computer programs are protected by the Act on the Protection of Computer Program Authors (APCP) ratified in 2000. These statutes, when closely examined, reveal the differences of the authors' material rights in terms of duration and methods of protection, although there are similarities between literary and artistic works and computer programs. This issue has affected the exceptions stipulated in material rights where these differences are observed in a larger scale. In this regard, computer programs, unlike literary and artistic works, cannot be used for educational purposes while modifications, arrangements, making backups, etc. are permitted. These differences, however, are natural and necessary when taking into account the essential differences of these genres—i.e., the commercial aspect of computer programs which outweighs its literary and artistic aspects as opposed to works of art and literature. Therefore, it seems that according to the laws of Iran regarding the Material rights belonging to the authors of computer programs an exclusive system which is not only based on literary and artistic works has been accepted.},
 year = {2022}
}

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TY  - JOUR
T1  - The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison
AU  - Seyed Mohsen Hashemi Nasab Zavareh
Y1  - 2022/09/21
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AB  - In Iran, there are two statutes with regard to the protection of literary and artistic works, namely the Act on Protection of Authors and Composers 1969 and the Act on Translating and Reproducing Publications and Audio Works 1973 (from here on respectively, APAC and ATRP). In addition, computer programs are protected by the Act on the Protection of Computer Program Authors (APCP) ratified in 2000. These statutes, when closely examined, reveal the differences of the authors' material rights in terms of duration and methods of protection, although there are similarities between literary and artistic works and computer programs. This issue has affected the exceptions stipulated in material rights where these differences are observed in a larger scale. In this regard, computer programs, unlike literary and artistic works, cannot be used for educational purposes while modifications, arrangements, making backups, etc. are permitted. These differences, however, are natural and necessary when taking into account the essential differences of these genres—i.e., the commercial aspect of computer programs which outweighs its literary and artistic aspects as opposed to works of art and literature. Therefore, it seems that according to the laws of Iran regarding the Material rights belonging to the authors of computer programs an exclusive system which is not only based on literary and artistic works has been accepted.
VL  - 10
IS  - 5
ER  -

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Seyed Mohsen Hashemi Nasab Zavareh

Iranian Central Bar Association, University of Tehran, Tehran, Iran

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Seyed Mohsen Hashemi Nasab Zavareh. (2022). The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison. Humanities and Social Sciences, 10(5), 306-313. https://doi.org/10.11648/j.hss.20221005.15

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ACS Style

Seyed Mohsen Hashemi Nasab Zavareh. The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison. Humanit. Soc. Sci. 2022, 10(5), 306-313. doi: 10.11648/j.hss.20221005.15

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AMA Style

Seyed Mohsen Hashemi Nasab Zavareh. The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison. Humanit Soc Sci. 2022;10(5):306-313. doi: 10.11648/j.hss.20221005.15

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@article{10.11648/j.hss.20221005.15,
  author = {Seyed Mohsen Hashemi Nasab Zavareh},
  title = {The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison},
  journal = {Humanities and Social Sciences},
  volume = {10},
  number = {5},
  pages = {306-313},
  doi = {10.11648/j.hss.20221005.15},
  url = {https://doi.org/10.11648/j.hss.20221005.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20221005.15},
  abstract = {In Iran, there are two statutes with regard to the protection of literary and artistic works, namely the Act on Protection of Authors and Composers 1969 and the Act on Translating and Reproducing Publications and Audio Works 1973 (from here on respectively, APAC and ATRP). In addition, computer programs are protected by the Act on the Protection of Computer Program Authors (APCP) ratified in 2000. These statutes, when closely examined, reveal the differences of the authors' material rights in terms of duration and methods of protection, although there are similarities between literary and artistic works and computer programs. This issue has affected the exceptions stipulated in material rights where these differences are observed in a larger scale. In this regard, computer programs, unlike literary and artistic works, cannot be used for educational purposes while modifications, arrangements, making backups, etc. are permitted. These differences, however, are natural and necessary when taking into account the essential differences of these genres—i.e., the commercial aspect of computer programs which outweighs its literary and artistic aspects as opposed to works of art and literature. Therefore, it seems that according to the laws of Iran regarding the Material rights belonging to the authors of computer programs an exclusive system which is not only based on literary and artistic works has been accepted.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - The Material Rights Belonging to the Authors of Computer Programs, Literary and Artistic Works with an Emphasis on the Iranian Laws: A Comparison
AU  - Seyed Mohsen Hashemi Nasab Zavareh
Y1  - 2022/09/21
PY  - 2022
N1  - https://doi.org/10.11648/j.hss.20221005.15
DO  - 10.11648/j.hss.20221005.15
T2  - Humanities and Social Sciences
JF  - Humanities and Social Sciences
JO  - Humanities and Social Sciences
SP  - 306
EP  - 313
PB  - Science Publishing Group
SN  - 2330-8184
UR  - https://doi.org/10.11648/j.hss.20221005.15
AB  - In Iran, there are two statutes with regard to the protection of literary and artistic works, namely the Act on Protection of Authors and Composers 1969 and the Act on Translating and Reproducing Publications and Audio Works 1973 (from here on respectively, APAC and ATRP). In addition, computer programs are protected by the Act on the Protection of Computer Program Authors (APCP) ratified in 2000. These statutes, when closely examined, reveal the differences of the authors' material rights in terms of duration and methods of protection, although there are similarities between literary and artistic works and computer programs. This issue has affected the exceptions stipulated in material rights where these differences are observed in a larger scale. In this regard, computer programs, unlike literary and artistic works, cannot be used for educational purposes while modifications, arrangements, making backups, etc. are permitted. These differences, however, are natural and necessary when taking into account the essential differences of these genres—i.e., the commercial aspect of computer programs which outweighs its literary and artistic aspects as opposed to works of art and literature. Therefore, it seems that according to the laws of Iran regarding the Material rights belonging to the authors of computer programs an exclusive system which is not only based on literary and artistic works has been accepted.
VL  - 10
IS  - 5
ER  -

Copy | Download