Intellectual property laws in creating works of art
To deal with the laws of intellectual property in the creation of works of art, we start with the description and definition of intellectual property. Intellectual property is a right created on human mental creations and includes literary, artistic, scientific, and industrial works. These rights protect the owner of the work from unauthorized exploitation of his work by others.
Artistic works are also mental works that are protected by intellectual property laws. Intellectual property laws define various rights and responsibilities for creators, users, and the government in the creation of works of art, which we will discuss further.
In Iran, the laws of intellectual property are expressed in two main laws, i.e. the Law on Protection of the Rights of Authors and Authors and Artists approved in 1348 and the Law on Patents, Industrial Designs and Trademarks approved in 1386.
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“Artists’ Rights: A Guide to Copyright, Moral Rights, and Other Legal Issues in the Visual Art Sphere” by Molly Torsen Stech and Ralph E. Lerner
“Artists’ Rights: A Guide to Copyright, Moral Rights, and Other Legal Issues in the Visual Arts” by Molly Thorsen Stack and Ralph E. Lerner
Focusing on the rights of visual artists, this book examines copyright law, moral rights, resale rights, and other legal issues related to artists. It also provides practical advice on protecting artists’ rights, negotiating contracts, and implementing legal solutions.
Literary and artistic property rights
Property laws in the creation of works of art are divided into two categories:
- Material rights
- Intellectual property rights
Material rights
The right to economic exploitation of the work of art. These rights include the right of reproduction, sale and distribution, public display, public performance, translation, adaptation, and other exploitation rights of the work of art.
Intellectual property rights
The non-financial right is on the work of art. Intellectual rights refer to rights based on respect for the creator’s work and name. These rights include the right of attribution, the right to respect the integrity of the work, and the right to honor the work.
Right of attribution
The right of attribution is the right of the creator to have his work published in his name. No one else has the right to publish his work in his name without the author’s permission.
The right to respect the integrity of the work
The right to respect the integrity of the work refers to the author’s right to have his work published without alteration or distortion. No one else has the right to change or distort his work without the author’s permission.
Copyright of the work
The right to respect the work is the right of the creator to not use his work in a way that harms his reputation or dignity. No one else has the right to use his work without the permission of the creator in a way that harms the credit or dignity of the creator.
The conditions of having intellectual property rights in the creation of works of art
To have intellectual property rights in works of art, the work must meet the following conditions:
- Originality: the work must have new and creative features. These features can be in different areas such as idea, theme, structure, language, style, or creative compositions.
- Initiative: The work must be the result of the effort and initiative of the creator. This means that the work must be the result of the creator’s hard work and effort and not just a reproduction of an existing work.
- Legitimacy: The work should not be against the laws and regulations. This means that the work should not be against the laws and regulations of the country or the customs of the society.
Works of art subject to the protection of intellectual property laws
Works of art that are subject to the protection of intellectual property laws include:
- Literary works: including books, articles, poems, plays, scripts, music, computer codes and other written works.
- Works of visual arts: including painting, sculpture, photography, drawing, music, graphics, animation, and other works of art that are created using physical tools.
- Audio and visual works: including movies, serials, music, television shows, radio programs, and other works of art that are created using electronic tools.
Violation of intellectual property rights in the creation of works of art
Violation of intellectual property rights in the creation of works of art means exploiting the work of art without the permission of the creator. Violation of intellectual property rights of works of art can include the following:
- Reproduction of the work without the author’s permission
- Publication of the work without the author’s permission
- Performing the work without the author’s permission
- Showing the work without the creator’s permission
- Broadcasting the work without the author’s permission
- Translation of the work without the author’s permission
- Adaptation of the work without the author’s permission
- Selling the work without the author’s permission
Legal actions in case of violation of intellectual property rights in the creation of works of art
In case of violation of intellectual property rights in the creation of works of art, the creator of the work can defend his rights by referring to judicial authorities. Judicial authorities can issue various orders in case of violation of intellectual property rights, including:
- Obligation to stop infringement of intellectual property rights
- Obligation to compensate for damages
- Obligation to publish the court verdict in newspapers and magazines
Important points in the legal pursuit of infringement of intellectual property rights in the creation of works of art
In the legal pursuit of the violation of intellectual property rights in the creation of works of art, you should pay attention to the following points:
- Act fast: The faster you act, the better your chances of success.
- Gather your evidence carefully: Your evidence must be strong enough for a court to find an infringement of your intellectual property rights.
- Get help from an experienced lawyer: An experienced lawyer can help you gather documents, file a complaint, and follow up on the case.
Methods of preventing infringement of intellectual property rights in the creation of works of art
To prevent the violation of intellectual property rights in the creation of works of art, the following methods can be used:
- Registration of artwork
- Inserting a trademark or special sign on the artwork
- Using technical methods to protect the artwork
- Educating people about intellectual property rights
Registration of works of art
Registering works of art is optional, but it has several advantages. The registration of the work allows the creator of the work to prove his ownership easily and defend his rights in case of violation of the intellectual property rights of the work.
By registering the artwork, the creator of the work gets a certificate of registration of the work. The work registration certificate is an official document that shows that the work of art has been officially registered in the name of its creator. This certificate can be used as evidence to prove the ownership of the artwork in the courts.
Inserting a trademark or special sign on the artwork
Placing a trademark or special mark on an artwork can prevent unauthorized use of your work. These marks include your name, the name of your work, or other marks.
A trademark or special sign placed on a work of art must be distinctive enough to be distinguishable from other similar marks. Also, this sign should be easily visible.
Using technical methods to protect the artwork
The use of technical methods also helps to protect the artwork. These methods can include the use of security codes, watermarks, or other methods.
Security codes are codes inserted into the artwork that make it difficult to forge the artwork. A watermark is a word or a design that is inconspicuously inserted into a work of art and makes it easier to identify the forgery of the work of art.
Educating people about intellectual property rights
Educating people about intellectual property rights leads to increasing awareness in this field and reducing intellectual property rights violations. Intellectual property rights education helps people to be aware of their rights and prevent unauthorized use of works of art.
By following these methods, you can to some extent prevent the violation of intellectual property rights in the creation of your works of art.
in the end
The laws of intellectual property in the creation of works of art define the material and intellectual rights of the creator of the work of art. These laws are created to support intellectual creation and encourage production and innovation.
The creator of the artwork is the owner of its intellectual and material rights. Material rights refer to the right to economic exploitation of the work of art. These rights include copy rights, publishing rights, performance rights, display rights, broadcast rights, translation rights, adaptation rights, and the right to sell the artwork. Intellectual rights refer to the right to respect the work of art and the creator’s reputation. These rights include the right of attribution, the right to honor the work, and the right to object to the distortion or humiliation of the work.
In the end, it can be said that intellectual property laws in the creation of works of art play an important role in protecting the rights of creators, encouraging creative artistic productions, and developing the cultural economy.
To enjoy the benefits of these laws, creators of artworks must be aware of their rights and use appropriate methods to protect their works. Also, users of works of art must respect the intellectual property rights of the creators and be aware that violating these laws and disrespecting the rights of the creator of the work will have legal consequences.
More resources to study
To read more, you can refer to the following articles:
What protects intellectual property created by artists?
Art Protection: Intellectual Property Guide for Artists
