The Specificity of the Crime of Piracy of Electronic Works in Iraqi Legislation

Abstract

This research addresses the specificity of the crime of piracy of electronic works under Iraqi legislation, driven by the fundamental transformation brought by rapid advancements in information and communication technologies regarding the nature of intellectual works, their production, exploitation, and circulation. The study aims to clarify the concept of electronic piracy of works and distinguish it from traditional counterfeiting, while identifying the legislative basis for its criminalization and defining the protected electronic work, particularly under the Iraqi Copyright Protection Law No. (3) of 1971 (as amended). The study illustrates that the material element (actus reus) of the crime consists of criminal behavior within both technical environments (computers and networks), manifested through reproduction, digital and electronic storage, publication, making available to the public, downloading, uploading, and conversion into electronic format, alongside the negative element of "the absence of the right holder's authorization" or the lack of a legal exception. Furthermore, the study explores the mental element (mens rea), emphasizing the requirement of general criminal intent (knowledge and will), and reviews the original and consequential penalties prescribed for this crime, which include heavy financial fines, custodial sentences in cases of recidivism, as well as confiscation and the closure of establishments used in committing the crime. The study concludes with a set of findings and legislative recommendations aimed at refining legal texts and providing effective and balanced criminal protection.