اندیشه‌های حقوق عمومی

Artistic adaptation, as a vital process in the evolution of cultural heritage, enables the revitalization of works across different media and temporal contexts. However, this creative mechanism encounters profound legal frictions when intersecting with intellectual property systems, particularly copyright laws. Employing a descriptive-analytical method, this research dissects these conflicts and seeks to establish a balance between the exclusive rights of the original creator and the creative freedom of the adapter. Fundamental challenges discussed include the lack of objective criteria for determining “substantial similarity,” ambiguities surrounding the doctrine of “fair use,” and emerging dilemmas of the digital age—such as AI-generated works and user-generated content—which occasionally threaten moral rights and the integrity of the work. In response to these obstacles, the article offers multidimensional solutions: reforming and clarifying legal texts, developing modern licensing systems such as “Creative Commons,” and utilizing technological tools like Blockchain and Digital Rights Management (DRM) for the intelligent tracking and protection of works. Furthermore, enhancing the legal awareness of the artistic community and harmonizing laws at the international level are deemed essential for managing the cross-border flow of art. In conclusion, establishing a flexible legal ecosystem that simultaneously supports derivative innovation and safeguards the economic and moral rights of authors is indispensable for sustaining cultural richness.