Introduction
The right of disclosure is one of the author's moral rights and, more than in any other jurisdiction, owes its development to French case law. It plays a fundamental role in protecting the author's privacy and maintaining the author's control over the work. The similarities between Iranian and French law regarding the recognition and exercise of authors' rights have made it necessary to examine the present issue in both legal systems. While the consistent jurisprudence of French courts has led the French legislature to recognize this right and define the scope of its effects in various situations, no comparable clarity can be found in either Iranian legislation or judicial practice. This article examines the effects of the right of disclosure on the economic rights of exploiters. One of the principal questions addressed is whether the right of disclosure may be modified or transferred within exploitation licensing agreements. Using a descriptive-analytical method and relying on library resources, the article reaches a negative conclusion. The authors believe that the right of disclosure cannot be modified or transferred to the holder of an exploitation licence and is not extinguished even by the conclusion of employment, commission, or work-for-hire contracts for the creation of a work. The findings of this comparative study demonstrate that the right of disclosure is both non-transferable and non-waivable and therefore cannot be assigned to another person or relinquished by the author. Consequently, the author retains the right to decide on the time and manner of disclosure of the work, even after transferring the economic rights in the work, granting an exploitation licence, or entering into an employment or commission contract for its creation. In cases where a conflict arises between the author's moral right of disclosure and the concurrent economic rights of the contracting party, the author's moral right of disclosure generally remains protected, even where it is subject to limited modification. Such protection may restrict the economic rights of the contracting party and, in certain circumstances, may even expose them to extinction.
Methods
In this study, a descriptive-analytical research method with a comparative approach was used, and its discussions were organized in several sections. In the concepts section, the theoretical foundations of the right of disclosure, including its definition, the position of the right of disclosure in French and Iranian law, and the status of this right in copyright exploitation contracts were examined. Then, in the restriction of the right of disclosure section, the effect of this right on the exercise of the financial rights of the exploiter was analyzed, and the restrictions resulting from it in relation to the right of reproduction, the right of presentation, the right of performance, and the right to create derivative works were studied. Next, the elimination of the right of disclosure section examined the role of this right in nullifying or suspending financial rights in commission contracts and employment contracts, and showed that the exercise of the right of disclosure can challenge the implementation of these contracts. In the final section, solutions are presented to reduce the negative effects of the right of disclosure and manage the risks arising from it in contractual relations. Theoretical findings show that the right of disclosure, in addition to initial publication, also affects republishing, display, reproduction, and even the format of presentation of the work, and that the exploitation of financial rights will remain suspended until the creator allows disclosure.
Results and Discussions
Comparative analysis shows that the priority of the right of disclosure over financial rights is an accepted rule in both legal systems. As a result, even a valid publishing or licensing agreement cannot oblige the author to disclose unless he exercises this right freely and knowingly. For example, if the publisher has the right to publish a book according to the agreement but the author has not yet published it or refuses to deliver it, the publisher cannot demand that he be forced to publish and may only have the right to compensation. This situation is also repeated in commission and employment contracts because the obligation to disclose before the work appears is tantamount to the abandonment of a right that has not yet been created and is therefore considered to be without binding effect. Thus, although the employer or client becomes the owner of financial rights, he does not have the practical possibility of exercising financial rights until the author intends to disclose. This indicates that the right of disclosure is not only an individual right but also a protective tool to maintain the independence of the artist's creativity. If the creator refuses to disclose without a valid reason and this refusal causes damage, his civil liability will be examined. Therefore, the right to disclose does not in itself prevent the execution of the contract, but it can suspend its execution for an indefinite period and, in the absence of a clear contractual provision, cause significant economic losses. As a result, disclosure plays a decisive role in the balance between moral and financial rights, and the lack of a contractual provision regarding the time and manner of disclosure increases the legal and economic risk of the exploiter. In the meantime, the role of a precise and transparent exploitation contract becomes more important than ever, because only by including clear terms can disputes and lengthy lawsuits be prevented.
Conclusion
Based on the comparison of the two systems, it is clear that the right of disclosure has legal priority over financial rights and can limit, suspend, or nullify the execution of the contract even after the transfer or granting of a license to exploit financial rights. In practice, this may put the economic interests of the exploiter at risk, especially when financial investments have been made before disclosure. Therefore, it is suggested that publishing and exploitation contracts include explicit clauses regarding the time of disclosure, the limits of possible delays, the guarantee of non-disclosure, the obligation, and the right to terminate. Such provisions can ensure a balance between the will of the creator and the interests of the exploiter and prevent subsequent disputes. In addition, raising the legal awareness of publishers and employers and educating them about the status of the right of disclosure can help reduce economic risks. Finally, the right of disclosure as a moral right can establish a link between creative freedom and economic order and, for this reason, should be considered carefully and delicately in any legal system.