Exceptions to the Right of Distribution for Literary and Artistic Property

Abstract

Intellectual property represents the body of rights through which human thought and creativity are protected. It includes multiple fields, such as scientific research, patents, trademarks, industrial drawings and designs, geographical indications, copyright, and other intellectual property rights. The Universal Declaration of Human Rights addresses intellectual property as the right to the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which a person is the author. Within this framework, the right of distribution constitutes one of the essential economic rights granted to authors and rights holders, as it enables them to control the circulation, publication, sale, lending, or transfer of copies of their literary and artistic works.

However, this right is not absolute. Most legal systems recognise certain exceptions that allow limited use or distribution of protected works without prior authorisation, provided that such use does not conflict with the normal exploitation of the work or unreasonably prejudice the legitimate interests of the author. This study examines the exceptions to the right of distribution in literary and artistic property through a comparative legal approach, with particular reference to Iraqi, Iranian, European, international, and treaty-based legal frameworks. It analyses general exceptions, including personal, educational, scientific, and technical uses, as well as special exceptions relating to cultural access and fair use.

The research concludes that exceptions to the right of distribution perform a balancing function between the protection of authors’ rights and the public interest in access to knowledge, education, culture, and artistic expression. It further emphasises the need for clear legislative regulation of these exceptions, especially in light of technological developments and the expansion of digital distribution, in order to protect authors while preserving legitimate public access to literary and artistic works.