چكيده لاتين
The emergence and expansion of artificial intelligence (AI) as one of the fundamental transformations of the modern era has introduced novel challenges in the realm of private law. Traditional legal systems—built upon the centrality of human will and creativity—are now confronted with a phenomenon capable of generating works, making decisions, and producing legal or economic outcomes without direct human intervention. The central questions of this research are, first, to whom the ownership of AI itself and the products resulting from its operation can be attributed, and second, on what basis civil liability and the admissibility of AI-based means of proof can be established in cases of damage or dispute. From a practical perspective, the study also examines AI operations within the framework of the means of proof in litigation.
The primary objective of this research is to elucidate the dimensions of ownership and liability arising from artificial intelligence under Iranian law and to conduct a comparative analysis with several advanced legal systems, with the aim of identifying existing gaps and proposing possible reforms.
The research method is descriptive–analytical, relying on library resources and legal documents. The study encompasses domestic Iranian legislation—including the Civil Code, the Electronic Commerce Act, the Copyright Protection Act, and the Patent and Industrial Designs Registration Act—alongside the examination of other legal systems and international instruments, thereby providing a framework for comparison and evaluation.
The findings are organized into four chapters: The second chapter addresses the ownership of AI itself, concluding that due to the absence of an independent legal personality for AI, it cannot be recognized as a legal owner; instead, ownership is attributed to creators and developers. The third chapter explores the ownership of AI-generated works, arguing that legal protection arises only where an element of human creativity is involved in the production process. The forth chapter deals with civil liability attribution, analyzing various theories to determine how responsibility may be assigned to AI producers, developers, or users, and concludes that the Iranian legal system should recognize multiple bases of liability depending on the circumstances. The fifth chapter examines the position of AI-based means of proof in Iranian judicial proceedings and concludes that such means, if meeting sufficient standards of authenticity and reliability, may be admissible and enforceable.
Overall, the study demonstrates that although Iranian law lacks a specific framework governing AI-related relationships, a broad interpretation of existing legal sources can provide partial solutions to emerging issues. Nevertheless, to ensure legal certainty and reduce ambiguity, reforming domestic legislation and drawing upon comparative experiences appear to be essential.
Keywords: Artificial Intelligence; Ownership; Intellectual Works; Civil Liability; Means of Proof.
