The Approach of Legal Doctrine in Determining the Law on Copyright Infringement in Cyberspace

In international lawsuits where a foreign element is present in the lawsuit, conflict of laws is inevitable. In such cases, the court judge decides which country's substantive law governs the lawsuit. The basis for determining the governing law in the violation of copyright in the cyber space is not clearly determined in Iran's law, but the legal doctrine in other countries has long sought to establish rules that, by applying them, can determine the most appropriate law for various issues. The course of developments shows that legal doctrine has undergone changes and transformations with the passage of time and the advancement of Internet technology, and new approaches have been expressed by jurists to solve problems. The expansion of the use of Internet technology and the continuous violation of copyrights in this space require the use of new conflict resolution rules, and also the traditional rules will not be very efficient. By adopting the three approaches of maximum protection of the works, the impact of the infringement on the economic interests of its owner, and the integrated approach that includes the traditional rules and the new rules for conflict resolution, the legal doctrine has taken a step towards determining the law governing the claims of cyber infringement of the author's rights.
Using the library method, this research investigate the conflict resolution rules based on the traditional and modern legal doctrine and proposes the most effective rule for determining the governing law. This study suggests that the unique characteristics of cyberspace necessitate the application a comprehensive law to lawsuits. Therefore, the criterion of maximizing the protection of, literary, and artistic works is deemed most suitable for determining the governing law in copyright cases.