Research and development in private law

Research and development in private law

Investigating the protection of user-generated content through the literary and artistic property law system in Iran and the United States of America

Document Type : Original Article

Authors
1 Master of Intellectual Property Law, Tarbiat Modares University, Tehran, Iran
2 Professor, Faculty of Law, Tarbiat Modares University, Tehran, Iran
Abstract
User-generated content is expanding and flourishing in cyberspace. Users often share content with others or use it in creating their creative works. User-generated content refers to any form of content, including text, images, videos, user comments on a topic, etc., that are created by users and published on online platforms. For this reason, proper legal protection of user-generated content is essential, considering that user-generated content is intellectual work resulting from previous works. Intellectual property law plays a fundamental role in protecting it. The author of this article tries to investigate and study user-generated content with a descriptive-analytical method by identifying the concept of user-generated content and its impact on the infringement of previous work, suitable protection format in the literary and artistic property law of Iran and the United States of America to support it introduced. The result of this research is that, according to paragraph 12, article 2 of the law on the protection of Authors and Justices' Rights, as well as paragraphs 6 and 7 of article 5 of the same law in Iranian law, this emerging phenomenon can be considered as a solution due to its lack of definition and recognition in the law. However, we will say that in the United States, the identification of user-generated content is clearly defined by the fair use exception in Article 107 of the Copyright Act. Intellectual.
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