The Judiciarys Law Journal

The Judiciarys Law Journal

protection of the holders of related rights (neighboring rights) in Iranian law; mirage or reality

Document Type : Research/Original/Regular Article

Authors
1 Professor, Department of Intellectual Property Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
2 Master's Student in Intellectual Property Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
3 Ph.D. Student in International Trade and Investment Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
10.22106/jlj.2025.2053743.6222
Abstract
The authors of literary and artistic works have two economic rights of reproduce and distribute over their intellectual creations, which are generally not possible to exercise these rights due to the lack of the necessary ability and expertise. Therefore, they assign their rights through contracts to specialists and investors of this field. The parties to the reproduce contract are generally publishers, and the parties to the distribution contract are generally holders of related rights. Holders of related rights, unlike publishers, have not been satisfied with contractual protections and have sought to establish separate laws at the global level to identify rights separate from the author’s rights‚ because their relationship is not limited to a group of persons‚ such as publishers, and a network of persons in chronological order, including performing artists, phonogram, and broadcasting organizations, must intervene in the distribution of works so that these works reach the public. Therefore, the complex network exists between these persons and the large investments are made in this field require rights separate from author's rights be identified. There is disagreement regarding whether or not persons’ subject to related rights are protected under Iranian law and how to protect these persons. In this research, we concluded that related rights law exists in Iran, but it only protects broadcasters and broadcasting organizations, and that too incompletely, and copyright law has no connection with related rights, and protection of persons’ subject to related rights should not be pursued in that law. However, in practice, some persons’ subject to related rights have claimed or even acquired the author’s rights by resorting to the author’s rights law and pretending to be the author. This research, using a descriptive-analytical method and using library and internet resources, seeks to examine the position of these rights in the Iranian legal system.
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Articles in Press, Accepted Manuscript
Available Online from 29 October 2025

  • Receive Date 20 February 2025
  • Revise Date 11 June 2025
  • Accept Date 27 July 2025
  • First Publish Date 29 October 2025
  • Publish Date 29 October 2025