Dr. Mohammad Hadi Mirshamsi – Fatemeh Mehdibarzi
It is obvious that protecting copyright, in particular in the improving cyberspace not only protects authors’ rights but also remains an outstanding impact on absorbing foreign investment as well as encouraging innovation and knowledge share as the effective factors in the growth and development of each country. Migration of the physical works into the digital space has generalized the definition of economic and moral rights in cyberspace; however, the nature of cyberspace together with the emergence of the digital works has made some changes in the scope of copyright. European Union, for example, has extended the scope of the right of reproduction by temporary reproduction or cashing while the United States has limited the scope of the right of communication to the public by only allocating it to sound recordings. The moral rights, on the other hand, are generally allocated to all works in some legal systems (e.g. Iran) or to some specific works such as visual arts in some others (e.g. the United States).
There are similar approaches towards copyright limitations and exceptions in cyberspace and physical space; however, the scope of limitations is expanded by the right of temporary reproduction as the indispensable part of using works in cyberspace. This article has reviewed the author’s economic and moral rights in cyberspace and physical space by comparing and contrasting the said rights in the jurisdiction of Iran, the United States and the European Union.
Key words: Intellectual Property, Author’s Rights, Economic Rights, Moral Rights, Cyberspace, Physical Space