The basis of human rights of exceptions to the protection of literary and artistic works

From the early  national and international  intellectual property  legislation for artistic and literary works, some exceptions such as personal use, use by libraries, educational institutions, as well as criteria such as the three-step test of the Berne Convention, were legislate on the material  rights of the authors of  artists and literary  works. As the purpose followed by the lawmakers of intellectual property  is to  protect the intellectual and material  rights of the authors, the question arises that what is the reason for the existence of these exceptions that lead to the use of intellectual property without the permission of the creator?     

This research has studied the relevant sources and collected information by descriptive-analytical method.       

With regard to reasons for anticipating these exceptions, it is concluded that  there are some grounds  for these exceptions ,including the human rights protection ,economic factors , welfare and social justice , technology development issues and  in Iran jurisprudential grounds. The present article concludes only by addressing one of these principles, which is the protection of human rights, that the human rights approach leads to maintaining the balance between the rights of the authors and the interests the society has in using these  literary and artistic works. Such human rights as the freedom of speech, access to the information and use of practical developments and participation in cultural life are among the basic grounds for imposing these exceptions on the intellectual property rights.