Iran Copyright law
IRAN
Copyright Law
Date of Law: January 12, 1970.
Observation: Official English translation of Iran's Copyright Law was communicated to Unesco
by letter of April 20, 1970, of the Ministry of Science and Higher Education.
PART I DEFINITIONS
Article 1. All writers, composers, and artists will hereafter be called "author", and the product of
their knowledge, originality or art, irrespective of the method used. therein, will hereafter be
called "work"
Article 2. Works protected by copyright law are as follows:
1. Books, pamphlets, plays and all other literary, scientific and artistic writings.
2. Poems, songs, and anthems, irrespective of the way they are written, recorded or broadcast.
3. Audio-visual works for stage or screen performances or for broadcasting by radio and
television, irrespective of the way they are written, recorded or broadcast.
4. Musical works irrespective of the way they are composed, recorded or broadcast.
5. Paintings, pictures, drawings, designs, decorative writings, geographical maps or any
decorative and imaginative work produced in any simple or complex manner.
6. Sculptures of all types.
7. Architectural works, designs, sketches and buildings.
8. Photographic works produced by any original methods.
9. Original articles of applied handicraft and industrial art, carpet and rug designs.
10. Original works based on folklore and national heritage of culture and arts.
11. Technical works of originality.
12. Any other original works produced from combinations of the aforementioned works.
PART II RIGHTS OF THE AUTHOR
Article 3. Author's rights include exclusive right to publish, broadcast, perform and publicize
works, and further right to any financial and intellectual profit resulting from his work or name.
Article 4. Author's intellectual rights have no place or time limit and are not transferable.
Article 5. The author of works protected by this law can transfer his financial rights to another
party in all cases including the following:
1. Production of films for cinema, television and the like.
2. Stage performances, as in theatre, ballet or other such performances.
3. Recording of a work by sound or vision on tapes, or by any other such means.
4. Broadcast by radio and television, or by any other such means.
5. Translation, reproduction, publication and public presentation of works by means of painting,
printing, photography, etching, photogravure, molding and the like.
6. Making use of the work in any scientific, literary, artistic, technical and advertising purposes.
7. Making use of the work in producing or creating other works as mentioned in article 2 above.
Article 6. Work produced by the collaboration of two or more authors, when the contribution of
each of them is not separate or distinct, shall be called "Work of joint authorship", and the rights
arising therefrom shall be treated as the communal rights of the authors.
Article 7. It is permissible to quote from published works and to refer to them for, literary,
scientific, technical or educational purposes, and in criticism or praise, provided that the sources
of quotations are mentioned and the customary limitations are observed.
NB. Mentioning the sources of quotations, in cases where the work is reproduced for use in
educational institutions by teachers employed thereat, is not necessary, provided there is no
monetary gain involved.
Article 8. Public libraries, documentation centers, scientific institutions and educational
establishments, which are noncommercial, may reproduce protected works by a photographic or
similar process, in the numbers necessary, for the purposes of their activities, according to a
decree to be issued by the Board of Ministers.
Article 9. With the passing of this law, the Ministry of information will retain the right to use any
works it has already reproduced and published.
Article 10. With the passing of this law the Ministry of Education will retain the right to use any
school books already printed and issued in agreement with the appropriate existing laws.
Article 11. Reproduction of works protected by this law, as mentioned in Article 2, section 1, and
the recording of radio and television programmes are permissible, but only for private and noncommercial
use.
PART III THE PERIOD OF PROTECTION OF THE AUTHOR'S RIGHTS AND
OTHER LEGAL PROTECTIONS
Article 12. The financial rights of the author, the subject of this law, are transferred to his heirs,
or by covenant, for a period of thirty years after his death. In the absence of such heirs or a
transfer by covenant, the Ministry of Culture and Arts will hold the rights for public use for the
same period of time.
NB. In the case of works of joint authorship, reference Article 6, the date of the death of the last
surviving author shall be considered alone for the calculation of the time of protection.
Article 13. The financial right of work produced by employees belongs to the employer for a
period of thirty years from the date of production, unless a shorter period or more limited
arrangements has been agreed upon.
NB. Rewards, financial prizes and privileges which are given in literary, scientific and artistic
contests according to their respective regulations, to works protected by this law belong to the
author.
Article 14. A person to whom the rights of the author have been transferred, is entitled to hold
same for a period of 30 years, unless a shorter period is agreed upon.
Article 15. With respect to articles 13 and 14 of this law, on the expiry of the agreed period of
time, ownership of rights will be restored to the author, or otherwise settled according to Article
12 above.
Article 16. In the following cases, the author's financial rights will be valid for a period of 30
years from the date of publication or public presentation:
1. Photographic or cinematographic works.
2. In cases where the work belongs to a person of legal position.
Article 17. The name, tide and special characteristics of work are protected by this law, and no
one is permitted to use the same or like for any other work in a manner that may give rise to
doubt.
Article 18. Transferees, publishers and all those who according to this law are permitted to refer
to or quote from a work for commercial purposes, should in commonly accepted manner,
mention the author's name, the title aid the special characteristics representing the work, on or
with the original copy or on the printed or reproduced copies, unless the author makes an
alternative agreement.
Article 19. Any alteration or misquotation followed by publication of a protected work is
prohibited, unless it is with the author's permission.
Article 20. Publishers, recording companies, workshops Mid any persons dealing with the
printing, recording, duplicating, distributing or publishing of works protected by this law must
insert the instances of printing, recording, duplicating, distributing and publishing, and the serial
number of the work on all the copies published, stating the dates and the names of the printing
press, publishers or relevant workshops and studios.
Article 21. Authors may register t eir names, titles, work and its chief characteristics with places
which will be announced by the Ministry of Culture and Arts. The Council of Ministers will
issue a decree concerning procedures related to registration formalities and the organisations
which will deal with such registration.
Article 22. The financial rights of the author will be protected by this law, provided that his work
is printed, distributed or performed for the first time in Iran, and has not previously been printed,
distributed or performed in any other country.
PART IV INFRINGEMENT OF THE LAW AND PUNISHMENT
Article 23. Whosoever publishes, distributes or broadcasts the whole or part of another person's
work which is protected by this law, in his own name or in the name of the author without
permission, or in the name of a person he knows to be other than that of the author, shall be
condemned to corrective imprisonment for a period of time not less than six months and not
more than three years.
Article 24 Whosoever prints, publishes or distributes another person's translation in his own
name without permission, shall be condemned to corrective imprisonment for a period of time
not less than three months and not more than one year.
Article 25. Persons infringing articles 17, 18, 19 and 20 of this law, will be sentenced to
corrective imprisonment for a period of time not less than three months and not more than one
year.
Article 26. In cases where the author's copyright is terminated and the public are freely allowed
to use the work in accordance with this law, the Ministry of Culture and Arts, with respect to
infringements of articles 17, A, 19, and 20, will act as private plaintive.
Article 27. A private plaintive may require the court on passing final judgement, to publish its
findings in any newspaper of his choice at his own expense.
Article 28. In cases where this law is violated as a result of decisions made by a person of legal
standing, damages awarded the private plaintive will be met from the assets of the legal
personality. Should such assets be insufficient, the balance will be met from the assets of the
third party who physically committed the crime.
Article 29. Judicial authorities whilst considering the private plaintive's case car, order persons
authorized by the Ministry of justice to prevent publication, distribution and public presentation
of the work in question.
Article 30. Works produced prior to the ratification of this law are protected by it.
Persons who have utilized and exploited the works of others without permission prior to the
ratification of this law, can no longer publish, perform, reproduce or sell such works, unless it is
with the permission of the author or his agent, in accordance with this law. Persons who infringe
this article, or in order to avoid punishment, predate their printing, recording, or reproduction of
a work, will be sentenced according to Article 23 of this law. All complaints submitted to
judicial authorities prior to the passing of this law, remain valid.
Article 31. Criminal proceeding in accordance with this law will be initiated by the complaint of
the private plaintive and terminated by his pardon.
Article 32. Articles 245, 246, 247, and 248 of General Criminal law are redundant
Article 33. The executive regulations of this law will be prepared by the Ministry of Culture and
Arts, the Ministry of justice and the Ministry of Information, and will be approved by the
Council of Ministers.
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Terms of use
Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and
b) Customer is a person, who accepts this Offer and who is the author of any publication.
Article 2. Acceptance.
1. The Customer shall accept this Offer in case of and after the following activities:
a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and
b) provide the author’s abstract specifying what material was created by the author; and
c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and
d) post (“upload”) the material itself on the Executor’s official website; and
e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.
2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.
3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.
Article 3. Scope of the Agreement.
1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.
2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.
3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.
4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.
5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.
Article 4. Register.
1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.
2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.
3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.
4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.
5. Both the Register and the official website shall be the Executor’s property.
6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.
7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.
Article 5. Obligations of the Parties.
1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.
2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.
3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.
4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.
5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.
Article 6. Payment for the Executor’s services. Agreement price.
1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.
2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.
3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.
4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.
5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.
6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.
Article 7. Withdrawal from the Agreement.
1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.
2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):
a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or
b) provision of false information by the Customer; and/or
c) any other technical reasons.
Article 8. Information sharing.
1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).
2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.
3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.
Article 9. Arbitration.
1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.
2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.
Article 10. Other terms and conditions.
1. This Agreement is made in written and electronic form, in one counterpart, which:
a) Agreement in writing is kept in the Executor’s office, and
b) posted in electronic form on the Executor’s official website in Internet.
2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.
3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.
4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.
