Document Type : Original Article
Authors
Assistant professor, Iranian Research Institute for Information Science and Technology (IranDoc), Tehran. Iran
Abstract
Introduction: Plagiarism, particularly within academic and research contexts, represents a substantial global challenge, including in Iran. Defined as the appropriation of another individual's work or ideas without appropriate acknowledgment, plagiarism constitutes not only a breach of ethical standards but also a legal offense in many jurisdictions. The widespread availability of digital technologies and the internet has facilitated easier access to and reproduction of content, thereby contributing to the increased incidence of plagiarism. This practice significantly impedes intellectual and creative advancement by discouraging original authors from pursuing innovative ideas, due to insufficient legal protection and recognition of their contributions. While academic institutions frequently address plagiarism through internal, non-judicial mechanisms—such as institutional policies and disciplinary measures—the formal legal avenues for addressing plagiarism in Iran remain comparatively underexplored. This paper aims to examine the judicial procedures applicable to plagiarism cases within the Iranian legal system, with a particular focus on the preliminary stages of litigation. Specifically, the study seeks to address the following research questions: What legal provisions and regulatory frameworks exist in Iran to combat plagiarism? Which judicial bodies possess the jurisdiction to adjudicate such cases? What are the procedural steps for initiating legal complaints, and how is the offense of plagiarism substantiated before the courts? Finally, what legal penalties are imposed upon individuals found guilty of committing plagiarism?
Methodology: This study adopts a descriptive-analytical methodology, a widely utilized research design in legal scholarship. It involves a comprehensive analysis of existing Iranian legal frameworks governing intellectual property rights, with a particular emphasis on the treatment of plagiarism in relation to literary and artistic ownership. A purposive sampling strategy was employed to identify and examine the legal texts most pertinent to the study’s research objectives. The primary sources of data include foundational legislative instruments such as the Law for the Protection of Authors, Composers, and Artists (1969), the Law on Translation and Reproduction of Books, Journals, and Scientific Works (1974), as well as relevant procedural statutes, including the Civil Procedure Code and the Criminal Procedure CodeThe analytical process is structured into three distinct stages: (1) a comprehensive review of the relevant legal texts, accompanied by the compilation of key annotations; (2) the systematic identification and categorization of these texts based on their pertinence to the research questions; and (3) the interpretive analysis of their content to formulate responses to the central inquiries guiding the study.
Findings: The findings underscore two principal legal avenues through which plagiarism may be addressed in Iran: criminal and civil procedures. In the criminal context, the primary objective is punitive, with sanctions typically including imprisonment or monetary fines. Criminal cases are adjudicated either by the general criminal courts, which operate nationwide, or, in Tehran, by the specialized Culture and Media Court (Branch 35), which is tasked with handling cases involving intellectual property violations, including instances of plagiarism. The criminal process generally commences with the submission of a formal complaint to law enforcement authorities or the judiciary, followed by preliminary investigations to assess the sufficiency of evidence for further legal action. A significant legal provision in this context is the classification of plagiarism under the category of "private rights" within Iranian criminal law. This designation implies that legal proceedings cannot be initiated ex officio and must instead be triggered by a complaint from the aggrieved party. Furthermore, the complainant retains the right to withdraw the complaint at any stage, which consequently leads to the dismissal of the case. In contrast, civil proceedings primarily aim to provide restitution to the victim for damages incurred as a result of plagiarism. Civil claims related to plagiarism are typically brought before general civil courts or, alternatively, through Dispute Resolution Councils, which operate nationwide. These proceedings generally focus on securing financial compensation for tangible losses suffered by the claimant, including lost income or reputational harm. However, pursuing civil litigation entails considerably higher expenses than criminal proceedings, as court fees are often calculated based on the monetary value of the damages sought. Consequently, individuals contemplating civil action for plagiarism must carefully evaluate the potential benefits of obtaining compensation against the substantial financial costs involved. The study further examines the criteria employed in determining plagiarism under Iranian law. A central consideration is whether the alleged act qualifies as “fair use,” a legal principle that permits the limited use of copyrighted material without prior authorization, particularly for purposes such as criticism, commentary, news reporting, education, scholarship, or research. In the Iranian legal context, fair use is regulated under specific provisions of the Law for the Protection of Authors, Composers, and Artists. For instance, the quotation of a limited portion of a copyrighted work for educational or scholarly purposes, provided it is properly cited, may be considered lawful. Conversely, the reproduction of substantial portions of a work, or any use that adversely affects the market value or potential of the original work, is more likely to constitute plagiarism. Additionally, the scope and significance of the material reproduced are critical factors; Iranian law does not necessitate the duplication of an entire work for an act to be deemed plagiarism. The unauthorized use of a "substantial part"—evaluated in terms of either length or importance—can suffice to establish an infringement. Moreover, judicial proceedings in Iran exhibit comparatively lower transparency in addressing cases of plagiarism than in other areas of intellectual property law, such as trademark or patent disputes. Although a legal framework is in place, a significant number of authors and creators remain unaware of their rights or the legal mechanisms available for seeking redress in cases of plagiarism. As a result, most plagiarism-related conflicts are resolved through non-judicial channels, including mediation or administrative penalties imposed by academic institutions. However, these extrajudicial measures often lack the binding authority required to effectively deter recurrent violations, thereby underscoring the importance of the judicial process—an avenue that remains largely underutilized.
Conclusion: The study concludes that although Iran possesses a comprehensive legal framework for addressing issues related to plagiarism, substantial challenges persist concerning accessibility, public awareness, and the practical effectiveness of the system. A significant number of authors, researchers, and creators remain unaware of their rights under existing intellectual property laws, and the judicial procedures available for addressing instances of plagiarism are neither widely understood nor frequently utilized. In contrast, non-judicial mechanisms—such as disciplinary measures implemented by academic institutions—are more commonly employed; however, these approaches lack the legal enforceability and deterrent capacity that formal judicial rulings offer. The research recommends enhancing awareness among content creators and researchers regarding their legal rights and the mechanisms available to seek judicial remedies for plagiarism. Moreover, it advocates for further comparative studies to examine how other jurisdictions manage plagiarism cases, with the aim of informing reforms that could streamline and clarify Iran’s judicial processes. Improving the transparency and efficiency of these procedures may increase the likelihood that victims will pursue legal redress and could serve as a stronger deterrent against future acts of plagiarism.
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