A Comparative Study of Legal Protection Mechanisms for Architectural Works in Light of Moral Rights in Iranian, French, and German Law

Abstract

Intellectual property rights are among the fundamental and significant rights of every individual in society. Today, with the increasing expansion of inventions, discoveries, authorship, and intellectual and cultural productions, the scope and influence of these rights have grown remarkably. Moreover, in advanced and democratic societies, intellectual property rights are placed alongside other inherent and inalienable human rights, such as the right to life and the right to freedom. The aim of the present study is to examine the characteristics of moral rights afforded to the creators of architectural works. The research method is descriptive-analytical and relies on library-based sources. Findings indicate that in Iranian law, architectural works fall under the general protection of intellectual property and copyright law; however, the concept of moral rights in architectural creations has not yet been fully developed. In this respect, architects are entitled to rights such as attribution and the prevention of distortion or alteration of their designs, although the practical enforcement of these rights faces numerous challenges. In France, the moral rights of architectural works are fully and clearly protected, with an emphasis on safeguarding the identity of the creator. French moral rights include the right of attribution, the right to object to distortion or modification, and the right to preserve the integrity of the work. These rights remain independent of the material ownership of the work, and the architect continues to enjoy them even after transferring ownership of the design. In Germany, the moral rights of architectural designs are likewise protected under copyright law, with an emphasis on the principle of safeguarding the authenticity and integrity of architectural works. In this country, architects may invoke their moral rights to oppose unauthorized alterations to their works and have the right to be identified as the creator in all subsequent uses of their designs. Ultimately, this comparative analysis demonstrates that while France and Germany possess advanced systems for the protection of the moral rights of architectural works, Iran is still in the process of developing a more comprehensive legal framework in this regard. The aforementioned countries provide more extensive and structured protection for architects and their architectural works compared to Iran and may serve as valuable models for the enhancement of the Iranian legal system in the domain of moral rights in architectural creations.