Legal and Jurisprudential Analysis of the Barriers in Transferring Author's Moral Rights

In This study, the transfer of author's moral rights will be considered in legal and jurisprudence's point of view. Despite evidence of possibility for the transfer of author's economic rights, the possibility for transfer of moral rights is doubtful. To find the correct answer, first of all we tried to identify and analyze conceptions of RIGHT, AUTHOR, and types of transfer and then we will consider barriers of transfer of this type of rights from legal and jurisprudence's point of view. Generally, legislators are opposed to the optional transfer of moral rights as they suppose it as one's integral part of author's personality. Islamic jurists besides their opposition of author's optional transfer of moral rights announced their opposition because of lies and frauds occurrence in the issue. Authors believed that attention to the target oriented jurisprudence and understanding the nature of emerging issues helps to a correct analysis; authors believe that the barriers on transfer of the right has been well criticized and analyzed here.