Examination of the Crime of Plagiarism and Its Punishment
The creation of literary works is of significant importance due to the effort and labor invested by the creator and therefore requires specific legal protection. In the absence of protective legislation, opportunistic and profit-seeking individuals may unlawfully use created works and register them under their own names. Accordingly, firm action by the legislator against such misuse is a necessary and self-evident measure. Various laws and regulations, including the Press Law and the Islamic Penal Code, address the crime of plagiarism and provide for legal prosecution.
Punishment of Plagiarism Under Iranian Law and International Instruments
The Concept of a Work
Understanding the concept of a work is the first essential step in examining the crime of plagiarism. In its customary sense, a work refers to something created by an individual and brought into existence.
The creation of a work requires substantial time, expense, and effort on the part of the creator. Consequently, the infringement of the creator’s rights constitutes an unlawful act. Although the general concept of a work is widely understood, the legislator has provided a specific statutory definition and determined its scope of application to afford special protection to the rights of authors and artists.
Legal Definition of a Work
Pursuant to Article 1 of the Law on the Protection of Authors, Composers, and Artists, the term “creator” refers to authors, composers, and artists. Accordingly, any product derived from the knowledge, art, or innovation of such individuals is considered a work.
Under Article 2 of the same law, the following works are among those protected by law:
- Treatises, pamphlets, plays, books, and all technical, scientific, literary, and artistic writings.
- Anthems, musical compositions, poems, and songs, whether in written or recorded form.
- Visual and audiovisual works.
- Musical works.
- Designs, patterns, images, paintings, writings, decorative scripts, and visual and decorative artworks.
- Sculptures.
- Architectural works, including building designs and plans.
- Original and creative photographic works.
- Innovative works of industrial and handicraft arts, including carpet and rug designs.
- Innovative and creative technical works.
Rights of Authors and Artists
Legal protection and enforcement of the rights of authors and artists in relation to their works are natural and necessary measures to prevent exploitation by profit-seeking individuals.
The protection of copyright and intellectual property rights is of substantial importance. One of the most effective means of preventing such exploitation is the implementation of strict enforcement mechanisms for intellectual property rights.
The Crime of Plagiarism
One manifestation of crimes involving intellectual property rights is plagiarism. The legislator considers the misuse of artistic and literary works to be a punishable offense under the Law on the Protection of Authors, Composers, and Artists.
The Press Law, in Note 1 of Article 6, states that attributing all or a substantial part of another person’s work to oneself or to another constitutes plagiarism. The intentional nature of the act is an essential element of the offense.
Legal Prosecution of Plagiarism
Pursuant to the Law on the Protection of Authors, Composers, and Artists and the Islamic Penal Code, plagiarism constitutes a criminal offense and is subject to punishment depending on the circumstances. Under Article 23 of the Law on the Protection of Authors, Composers, and Artists, any person who intentionally presents a work protected by law in the name of someone other than its creator shall be sentenced to corrective imprisonment ranging from six months to three years.
In addition, corrective imprisonment from three months to one year shall be imposed on any person who publishes, translates, or distributes another person’s work in their own name.
Under the Islamic Penal Code, the punishment for plagiarism ranges from two months to two years of imprisonment and up to seventy-four lashes. Pursuant to the Note to Article 104 of the Islamic Penal Code, the term of imprisonment may be reduced by half.
Frequently Asked Questions About the Crime of Plagiarism and Its Punishment
Plagiarism refers to the unlawful use of another person’s literary or artistic work and attributing it to oneself or to another. This offense includes the use of all or a substantial part of another person’s work and requires intentional conduct.
Under Article 1 of the Law on the Protection of Authors, Composers, and Artists, a work refers to any product derived from the knowledge, art, or innovation of an individual. This includes books, articles, poems, music, audiovisual works, artistic designs, and architectural works.
The Law on the Protection of Authors and Composers recognizes intellectual property and copyright rights and provides legal enforcement mechanisms to prevent misuse and exploitation by others.
According to Article 23 of the Law on the Protection of Authors and Composers, intentionally presenting another person’s work in one’s own name is punishable by imprisonment from six months to three years. Unauthorized printing, translation, or publication of another person’s work carries a sentence of three months to one year of imprisonment.
Under the Islamic Penal Code, plagiarism is punishable by imprisonment ranging from two months to two years and up to seventy-four lashes. The term of imprisonment may be reduced by half pursuant to the Note to Article 104 of the Code.
Intent is a fundamental element of plagiarism. The offense is established only when the individual knowingly and deliberately uses another person’s work and attributes it to themselves or to a third party. What is the crime of plagiarism?
How is a work defined under Iranian law?
How are the rights of authors and artists protected?
What is the punishment for plagiarism under the Law on Authors and Composers?
What is the punishment for plagiarism under the Islamic Penal Code?
Why is intent important in the crime of plagiarism?
