The Berne Convention and the Iranian Law: Negative Implications of the Differences in the Scope of Application

Abstract

This paper compares Article 3 of the Berne Convention for the Protection of Literary and Artistic Works, 1886 with the corresponding Iranian provision. The Convention has three criteria for granting protection, i.e. nationality, habitual residence and first publication of the work in the Berne Union countries; whereas the Iranian law has only one criterion, i.e. the first publication of the work in Iran. Further, according to the Convention, the performance of a dramatic, dramatico-musical, cinematographic or musical work, the public recitation of a literary work, the communication by wire or the broadcasting of literary or artistic works and the exhibition of a work of art shall not constitute publication. These exceptions and their origins in the Convention in conjunction with the Iranian criterion leads to a total or partial gap of protection for Iranian authors or artists taking their works for first publication in the Berne Union countries.