Intellectual and spiritual property of an artist’s work of art!

Protecting the idea of a work of art

What does intellectual property or the idea of a work of art mean?

All humans enjoy art, but the creators of these works of art, who are the so-called owners of the idea behind their works, have the right to actual and financial use of the works, and others do not have the right to copy their works. This ability is now called copyright or patent rights.

Unfortunately, artists today are subject to various abuses due to their lack of awareness of their civil rights, and many of these dear people make their works available to others for free and without consideration.

It is important to know that the term ownership here is not in the common sense of the word, such as the right you have over your own property. Rather, it means that the originator (creator) of a literary or artistic work, or in general, an intellectual idea, has the right to use the works that are the product of his thoughts and ideas, and only he has the right to use them to the extent that that person, whether an artist, photographer, or… grants others the right to use his works financially.

Valid identification certificate of the artwork

An artist has rights over her work or idea:

Artists, writers, and anyone who creates a work from their own ideas have two types of rights to their works: – The moral or spiritual right to that work, meaning that the person who creates a work or idea has the right to have this work published under his or her title, name, and specifications, and if, for example, an award is given to his or her work, the owner of that award is the creator of the work, and no other person has the right to publish this work under his or her own name or to deprive the creator of the work of this right, even the creator himself or herself; and – Also, the financial right to the work. Contrary to what most people think, a work of art, such as an image, music, and other works, is not free. Just as you pay a fee to watch a movie in a cinema, you must also pay a fee to the owner of that work to use other literary and artistic works and ideas. Only the right to financial and practical use of a work belongs to the owner of that work. Unlike the moral rights of an artist over his own work or idea, this category of rights, i.e. the financial exploitation of a work, can be transferred to other people, such as an author who transfers the proceeds or a percentage of the sales of his books to book publishers.

Maintaining the security of the artwork

What ideas or works are protected in areas related to the intellectual and spiritual property of artistic works?

Legally, according to Article 2 of the Copyright Law, works that are the result of the thoughts, ideas, and innovations of individuals are protected by this law.

These works include a piece of writing (short or long), a sculpture (volume), a painting (physical or virtual), music, film, photographs, and even graphic designs and software designs.

In order to be protected, these works must be original. Being original here means being new and innovative (personal), so a work that is a copy of another work cannot be protected; of course, some works that are not original but are related to original works are also sometimes protected by copyright, for example, translations of other works or adaptations that are created from these works.

Also, in order for an artistic or literary work to be protected, it must be presented in various forms, materially and physically; therefore, unimplemented ideas, despite their importance, cannot be protected. For example, a writing plan that is only in the mind of an author and has not yet been transformed into a usable writing cannot be protected, but must be written.

The materiality of a work does not necessarily mean that it is tangible, but a work of art that is created virtually is also protected from the date of creation. These works, unlike industrial designs, brands, and inventions, do not necessarily have to be registered in a specific reference and are protected by copyright from the date the creator creates them, and another person does not have the right to use them or copy these works without permission. The value of the work created, its quality, and the form and format of the work also have no effect on protection. Therefore, it is a misconception that only literary works by great and famous artists are uncopyable, and even in some countries, drawings by children over the age of three are protected by copyright.

Preventing copying of artwork in Iran

What rights are protected under copyright law?

As mentioned, the exclusive right to publish or distribute, present and perform a work of art belongs to the creator of that work, and this work can only be published and exploited in the name of the original creator (creator). If anyone wants to use a literary or artistic work in another work, for example, using a basic design in their own painting, they must obtain permission from the owner of the original work. Similarly, if a work has two creators, both of them have the right to use that particular work.

The protection period for these works and the exclusive right to use them for the owner of the work is as long as these people are alive, and after the death of the owner of the work, in the case of works of (visual arts) painting, calligraphy, photography and cinema, up to thirty years after their publication, and in the case of other literary and artistic works, up to fifty years after the death of the creator of that work, it belongs to the heirs of the owner of the work. However, in the case of practical works such as photographs and films, these works are only protected by copyright law for thirty years.

Online issuance of an artwork identification certificate

We strongly recommend that you issue an identification certificate for your artwork and, if possible, register an NFT token for your artwork.

For more complete information, contact the experts at Honar Iranian Holding.

Buying and selling artwork in Iran, reputable Iranian art sites

Is the intellectual and spiritual property of a work of art protected in all countries of the world?

You certainly know that just as a work of art is exploited in the country of the artist or owner of the work, it is possible that these works may also be used in other countries, for example, a photographer’s photograph may be published in a foreign journal or an illustrator’s illumination may be used in the automotive industry, etc.

The use of literary and artistic works ethically requires the permission of the owner of the work of art. However, since these works can easily be made available to others, many people may use these works of art without permission and without respecting copyright and patent rights. However, to protect these works in other countries, there are international copyright organizations, but unfortunately, Iran is not a member of these registration organizations. Therefore, there is no prohibition on using foreign works in Iran (unfortunately), nor is it prohibited for someone outside of Iran to use the works of Iranian artists.

You can search for the term “WIPO” in search engines for more information…

Supporting Iranian artists

Do you need guidance on the intellectual property of your artwork?

Unfortunately, in recent decades, copyright regulations, or artistic and literary intellectual property, in general, in Iran have not been able to adequately protect literary and artistic works. Therefore, it is better for great artists to prepare a contract with the publishers of their works so that they can properly protect their material and intellectual rights to their artistic and literary works.

Unfortunately, our colleagues in the support department frequently receive reports from respected artists regarding activities with non-standard and unprofessional sites, which has resulted in the theft of artwork images or sometimes copies of artwork, etc. As your friends and advisors, we suggest that you pay due attention to important issues such as the credibility of the information base, the ability to protect your artwork, and the expertise of your expert team, and contact our colleagues if necessary.

It should be noted that the legal experts of Honar Iranian Holding (the cultural and artistic institution Hami Honar Mana) can provide you with significant services in the field of issuing identification certificates for works of art in Iran and in the international professional environment.

We are proud to be responsible…