Volume 15, Issue 55 (2-2025)
3 2025, 15(55): 1-18 |
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Farshad M. Comparative Analysis of the Legal Protection of AI-Generated Works in the Legal Systems of Iran and the European Union. 3 2025; 15 (55) :1-18
URL: http://jlawst.ir/article-1-1089-en.html
URL: http://jlawst.ir/article-1-1089-en.html
Master’s degree, Criminal Law and Criminology, Electronic Unit, Islamic Azad University, Iran
Abstract: (10 Views)
With the rapid advancement of modern technologies particularly artificial intelligence the process of creating literary, artistic, and scientific works is no longer the exclusive domain of human beings. AI systems are now capable of independently producing creative works without direct human involvement, works that are structurally and substantively comparable to those created by humans. This emerging phenomenon presents fundamental challenges to intellectual property (IP) law systems and raises key questions regarding the eligibility of these works for legal protection, as well as the identification of the rightful holder of such rights. In this context, the present article adopts a comparative approach to examine the legal status of AI-generated works within the legal frameworks of Iran and the European Union. The findings reveal that Iran’s legal system faces significant shortcomings in this area, primarily due to the fact that existing laws are based on the assumption that the creator of a work is a human. As a result, current legislation does not accommodate the recognition of rights for independently machine-generated works. In contrast, the European Union has taken a more forward-looking approach, initiating efforts to draft regulations aimed at granting limited and conditional protection to such works. This divergence in legal perspectives highlights the urgent need for Iran to reassess and reform its IP policies to align with technological advancements and address the emerging needs in the field of intellectual property especially considering the increasing importance of AI-driven products in the near future and the growing significance of determining the legal status of works produced by this technology.
Keywords: Artificial Intelligence, Intellectual Property Rights, Copyright, Non-Human Works, Iran, European Union.
Type of Study: Research |
Subject:
General
Received: 2025/06/7 | Accepted: 2025/02/28 | Published: 2025/02/28
Received: 2025/06/7 | Accepted: 2025/02/28 | Published: 2025/02/28
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