Fiqh and legal foundations of copyright and its intellectual property

Document Type : Original Article

Authors

• Hoddein Ranjbar ¹
• Mehdi Nourozi ²

¹ Doctoral student of Islamic Jurisprudence and Islamic Law, Department of Islamic Jurisprudence and Law, Qom, University of Religions and Religions, Iran.

² Assistant Professor, Department of Contemporary Jurisprudence and Law, University of Religions and Religions, Qom, Iran.

Abstract

One of the significant matters in research is the issue of copyright. In spite of the long history of intellectual property, it has not been officially debated in Islam, but Islamic jurists have started discussing and researching it. This research aims to scrutinize the juridical and legal foundations of copyright and its intellectual property. Via inspecting jurisprudential texts and using the library method, the results were attained that the copyright or authorship is the exclusive right to exploit a work of literature, art, or science for the author or the person to whom the author has assigned this right and this right is granted according to the law. Copyright is property and can be transferred to another. The transactional nature of the mentioned rights is due to work and benefit and is accepted by Islamic jurists. The difference is in the private ownership of the rights because there is no connection between transactional nature and ownership. On the other hand, based on numerous evidences such as no harm, fulfilling contracts, etc., the legality of the mentioned rights is inferred that they are mentioned as basic conditions, and as well as the contract, they are mandatory conditions in addition to the contract, and its accessories must also be adhered to.

Keywords

• Right
• copyright
• intellectual property

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