نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
The rapid growth of generative AI and content platforms has created unprecedented challenges regarding intellectual property infringement. This descriptive-analytical study examines the foundations and limits of civil liability for such platforms under Iranian and German law. Findings show that Iranian law lacks specific legislation and coherent judicial practice; liability is primarily explained through general tort rules and Islamic legal principles such as tasbib (causation) and la darar (no harm). By contrast, German law—drawing on its Civil Code, Media Services Act, and EU regulations—has moved toward liability based on a heightened duty of care, strictly limiting intermediary exemptions. Both systems struggle with defining AI authorship, detecting algorithmic infringement, balancing rights protection with technological development, but Germany benefits from clearer laws, specialized oversight, and effective enforcement mechanisms, whereas Iran remains at a stage of judicial reaction, requiring preventive legislation and expert institutionsBoth legal systems struggle with problems such as defining the author/creator of an AI-generated work and detecting infringement in algorithmic outputs. Furthermore, allocating responsibility along the long production chain and striking a balance between protecting rights and fostering technological development are among the other common challenges
کلیدواژهها English