The Adequacy of Legal Protection for Derivative Works in Iraqi Law in Comparison with Iranian Law

Abstract

This research employs an analytical and comparative approach to examine the adequacy of the legal protection afforded to derivative works under Iraqi law, in comparison with Iranian law. It investigates the legal foundations governing such works, assessing the extent to which both legislative frameworks succeed in balancing the protection of the original author’s rights with the recognition of the derivative work as an independent creative product. The study centers on a core problem: because derivative works—such as translations, adaptations, modifications, arrangements, and summaries—are inherently based on a pre-existing work, they raise complex legal questions regarding the limits of authorization, the criteria for originality, and the scope of both economic and moral rights for the authors of both the original and the derivative works. Accordingly, the research explores the concepts of intellectual property and derivative works within the framework of copyright regulations in Iraq and Iran, distinguishing between original, derivative, collective, and composite works. Furthermore, it traces the legislative evolution of the protection of intellectual works in both legal systems—ranging from traditional literary and artistic creations to computer software and innovative designs—while also analyzing the influence of international agreements, most notably the Berne Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), on the development of national protection standards. The research further analyzes the scope of authors' economic and moral rights, the limits of educational and research-related exceptions, and their applicability to derivative works. It also examines the role of the judiciary and legal jurisprudence in distinguishing between the legitimate use of an original work and exploitation that constitutes an infringement of the author's exclusive rights. The study reveals that the legal protection of derivative works under both Iraqi and Iranian law remains subject to several shortcomings. Notable among these are the lack of a clear legislative definition for a "derivative work," the ambiguity surrounding the boundaries between legitimate quotation and copyright infringement, the inadequacy of legal mechanisms to address digital violations, and insufficient coordination between copyright regulations and certain forms of industrial property. The study concludes that ensuring adequate legal protection for derivative works requires more precise legislative intervention—one that defines the concept of a derivative work, the conditions for its protection, and the scope of its exploitation—thereby safeguarding the original work while simultaneously fostering creativity rooted in adaptation, quotation, and translation.