For creators and businesses operating in or with Iran, understanding the local copyright landscape is crucial. Unlike many countries with unified copyright acts, Iran's approach to intellectual property (IP) is fragmented and presents unique challenges. While core protections exist, the absence of international treaties and a single, robust law creates significant uncertainty. This guide breaks down the realities of copyright law in Iran, the legal protections available, and the practical steps for enforcement.

The Core Challenge: A Fragmented Legal Framework

The most critical thing to understand is that Iran does not have a single, comprehensive copyright law. Instead, copyright protection is derived from a collection of older, separate laws. Furthermore, Iran is not a member of key international copyright treaties like the Berne Convention or the TRIPS Agreement.

This means:

• Works created by Iranian residents are generally not protected under copyright law in other member countries.
• Works created abroad do not automatically enjoy copyright protection within Iran.

Key Iranian Laws Governing Copyright

Despite the challenges, several Iranian laws provide a basis for copyright protection:

1. Law for the Protection of Authors, Composers and Artists (1970): This is the primary law for literary and artistic works. It grants creators exclusive rights to publish, reproduce, and adapt their works.
2. Law on Translation and Reproduction of Books, Publications and Audio Recordings (1973): Specifically governs the rights to translate and reproduce certain works.
3. Law for the Protection of Computer Software Creators (2000): A significant law that explicitly protects computer programs, granting their creators exclusive economic and moral rights.

A new, unified bylaw, the Protection of Literary and Artistic Property, has been drafted to modernize and consolidate these rules, but it has not yet been passed into law.

What Rights Are Protected?

Under the existing framework, copyright grants creators a set of exclusive rights, including:

• Reproduction: The right to copy the work.
• Distribution: The right to sell or distribute copies.
• Public Display: The right to display the work publicly.
• Creation of Derivative Works: The right to adapt or build upon the work (e.g., translations).‍
• Moral Rights: The right to be identified as the author and to object to distortions of the work.

Enforcement: Penalties for Copyright Infringement

While enforcement can be inconsistent, the laws do prescribe penalties for violation. These are scattered across different statutes:

• Under the Authors' Protection Law: Reproducing or distributing a work without permission can lead to imprisonment from six months to three years.
• Under the Computer Software Law: Software piracy can result in imprisonment from 91 days to six months and a fine.
• Under Audiovisual Laws: Unauthorized reproduction of audio/visual works can lead to significant financial penalties.

In many cases, rightsholders must actively pursue legal action through the courts to see these penalties applied.

Copyright on Social Media & Digital Platforms

The digital realm adds another layer of complexity. While global platforms like Instagram and YouTube have automated systems (like Content ID) to enforce copyright, their effectiveness is limited for works not registered through international channels.

Within Iran, local platforms may not have the same level of copyright enforcement mechanisms, making it easier for domestic infringement to occur.

Key Takeaways for Creators and Businesses

Protection is Not Automatic at an International Level. If you are an Iranian creator seeking global protection, you must register your work in countries that are members of the Berne Convention.

Reliance on National Laws is Essential. For protection within Iran, you must rely on the existing national laws. Registration of works, where possible, is highly advisable.

Proactive Legal Counsel is Critical. Given the fragmented legal landscape, navigating copyright disputes requires specialized local expertise. A well-drafted contract is your first and best line of defense.

How Pellonia Can Help You Navigate and Secure Your Rights?

At Pellonia, we understand the complexities of intellectual property law in Iran. Our team of experienced IP specialists can guide you through this challenging environment by:

• Providing Strategic Advice on protecting your creative works and software within Iran.
• Drafting and Reviewing Contracts to ensure your rights are secured in licensing, collaboration, and distribution agreements.
• Pursuing Legal Action against infringers, from sending cease-and-desist letters to representing you in court.
• Navigating the Registration Process for your works to strengthen your legal position.

Contact us today for a consultation. Let us help you secure and enforce the rights to your valuable creative and intellectual assets.