اصالت؛ شرط پيدايش اثر

Originality: A Requirement for the Creation of Work

Copyright is characterized by the concept of originality. Despite its very importance in the formation of a work with its effects and consequences and despite some research previously done in this area, yet, further study seems necessary. One of the reasons for this is, perhaps, the relative and subjective concept of originality and its flexible nature. This research attempts to define the idea of originality and to make distinction between it and other relevant and close concepts, such as novelty, quality, work and its destination. Also, it seeks to analyse consequences of the definition, to distinguish the originality and to analyse how to prove this relative concept. In the light of this research, various aspects of the concept of originality will be studied. Mean while, defects of the Iranian statutory and case laws in this area will become evident.