Judgment

Judgment

Moral Rights of the Author in Social Crises; A Comparative Study in International Instruments and the Legal Systems of Iran, Germany and France

Document Type : Scientific

Authors
1 PhD Student in Private Law, Faculty of law, Shahid Beheshty University. Email: Pakbaz.sbu@gmail.com
2 LLM Student in Intellectual Property Law, Faculty of law and Political Science, University of Tehran. Email: mostafarahmanpour@ut.ac.ir
10.22034/judg.2026.2086082.1681
Abstract
Adopting an interdisciplinary approach, this article examines the impact of social crises, including armed conflicts and civil protests, on authors’ moral rights: attribution, disclosure, and integrity of the work. Drawing on sociology and public law, it argues that expansive interpretations of concepts such as “state of emergency” and “exceptional circumstances” may enable the disregard of moral rights, even where human rights standards do not justify suspending state obligations. The study analyzes international instruments, including the Berne Convention and the TRIPS Agreement, alongside the French and German legal systems as representatives of Romano-Germanic traditions. It highlights the personality-based foundation of moral rights protection and emphasizes mechanisms such as the right of withdrawal as safeguards against ideological or distortive exploitation of works during crises. Regarding Iran, although moral rights are recognized under the 1969 Law for the Protection of Authors, Composers, and Artists, neither the right of withdrawal nor a framework for emergency exploitation has been established. The article proposes recognizing the right of withdrawal in domestic legislation and adopting regulatory guidelines for the use of literary and artistic works during social crises to balance public interests with the protection of authors’ moral rights.
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Articles in Press, Accepted Manuscript
Available Online from 04 June 2026

  • Receive Date 25 February 2026
  • Revise Date 01 June 2026
  • Accept Date 04 June 2026