Mortgage of Copyright / A Comparative Analytical Study

This research examines the pledging of copyright as a legal transaction related to the moral and economic rights of intellectual works, within the context of the rapidly evolving knowledge economy and the growing economic significance of intellectual property rights. The study aims to clarify the legal concept of copyright pledging, its legal nature, and the extent to which it may be subject to the provisions of mortgage law, while emphasizing its distinctive characteristic as an intangible right. The research also addresses the substantive and formal conditions required for the formation of a copyright pledge contract, with particular focus on the requirements of writing and registration and their impact on the enforceability of the pledge against third parties. Furthermore, the study explores the legal effects of the pledge contract in terms of the rights and obligations of both the pledgor and the pledgee in the fulfilment of their respective duties. The research concludes with a set of findings and recommendations underscoring the need for clearer legislative regulation of copyright pledge contracts.

Authors

Publication Details

Journal
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Published
2026-03-02
DOI
https://doi.org/10.64682/3104-9419.1115
Primary Topic
Copyright and Intellectual Property
Type
article
Field-Weighted Citation Impact
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article

Mortgage of Copyright / A Comparative Analytical Study

Dr. Maha Ramzi Mohammed Ali Al-Hajj Younis
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Copyright and Intellectual Property
article

Mortgage of Copyright / A Comparative Analytical Study

Dr. Maha Ramzi Mohammed Ali Al-Hajj Younis
article en

Abstract

This research examines the pledging of copyright as a legal transaction related to the moral and economic rights of intellectual works, within the context of the rapidly evolving knowledge economy and the growing economic significance of intellectual property rights. The study aims to clarify the legal concept of copyright pledging, its legal nature, and the extent to which it may be subject to the provisions of mortgage law, while emphasizing its distinctive characteristic as an intangible right. The research also addresses the substantive and formal conditions required for the formation of a copyright pledge contract, with particular focus on the requirements of writing and registration and their impact on the enforceability of the pledge against third parties. Furthermore, the study explores the legal effects of the pledge contract in terms of the rights and obligations of both the pledgor and the pledgee in the fulfilment of their respective duties. The research concludes with a set of findings and recommendations underscoring the need for clearer legislative regulation of copyright pledge contracts.

Imam Ja afar Al-Sadiq University Journal of Legal StudiesVol. 6(1)
Openalex Percentile: Top 44%
Copyright and Intellectual Property
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Mortgage of Copyright / A Comparative Analytical Study — Dr. Maha Ramzi Mohammed Ali Al-Hajj Younis · Imam Ja afar Al-Sadiq University Journal of Legal Studies (2026) | TGRS Research Map | TGRS