Legal Remedies for Infringement of Rights in Literary and Artistic Works in Iranian Law and Common Law

One of the aspects of legal protection of literary and artistic works is the legal remedies available to the right-holder. The variety of moral and economic rights of the author may have an impact of civil remedies. However, some remedies are common for the infringement of both moral and economic rights such as the issuance of interim order to prevent the continued violation of the right, restitution and the community-based remedies. The most important difference in the moral rights between Common Law and Iranian Law, in terms of the remedies, is the monetary offset. According to Iranian Law, due to non–financial nature of these rights, monetary compensation is not available. However it is important how to assess damages for monetary compensation in the case of economic rights violation.There are three criteria: reasonable royalty, lost profits and account of profits that each of them can be used in special cases.