A Comparative Study of the Possibility of Authorship of Legal Entity

Document Type : Original Article

Author

Department of Intellectual Property, Faculty of Law, Tarbiat Modares University, Tehran, Iran

Abstract

Perhaps, it seems that in a period, when the discussion of authorship of computer, machine and artificial intelligence is strongly underway, to ask and skepticism about authorship of legal persons not so acceptable acceptable, However, this is important for variety of reasons. In Iranian law, legal person regularly can have except in some cases, on legal or charter bases, any rights and duties that human can have. Is this enforceable about authorship ? In nowadays, creating and public exploitation of the most of works need to investment and a lot of money which makes creation of works expensive that natural persons, regularly haven’t possibilities, money and time for doing this actions. The work creation industry, has imposed itself to legal systems. In addition to this, legal entities are doing all of steps of creation, reproduction, supply and distribution of works alone or with participation of natural or other legal persons. In any case, these legal persons are direct or indirectly interested in supporting authors. Many legal entities are inherently established for creation of works (universities).

However, it can be asked if the legal person who lacks spirit and creativity can be the author of work ? In many countries, authorship depend on creativity that is immaterial and special to human but, ruling of Iranian copyright law (1969) isn’t far from ambiguity.Practical realities, have imposed the necessity of recognition of concept of primary owner or first ownership. Today, the Poetic concept of Authorship is in transition to an economic concept.

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History

  • Receive Date: 04 February 2023
  • Revise Date: 16 March 2023
  • Accept Date: 29 May 2023

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