Copyright Law in UAE - Case Study Example

Copyright Law in UAE Name Institution Date Table of Contents Copyright Law in UAE 1 Name 1 Institution 1 Date 1 Table of Contents 2 Copyright law in the UAE 3 Introduction 3 Copyright fundamentals 4 Copyright subject matter 4 Economic or moral rights 5 Moral rights 6 Authors 6 Licensing and transfer 7 Duration 7 Limitations and exceptions 8 Infringement and remedies 9 Conclusion 9 References 11 Hansen P. 2009, Intellectual Property Law and Practice of the UAE. OUP, Oxford. 11 IBP USA, 2011. Middle East and Arabic Countries Copyright Law Handbook Volume 1 11 Copyright Law in Selected Countries. International Business Publications, USA. 11 Copyright law in the UAE Introduction According to Smith (1996), countries that have joined the World Trade Organization (WTO) and signed the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Agreement) that is associated with joining WTO have amended laws on copyright or passed new laws on copyright. In 2002, the UAE promulgated a new law on copyright that was titled Federal Law (7), 2002 (UAE). This law pertained on copyrights and rights on neighbouring. In the UAE, copyright protection is under protection law No. 7 that covers copyright and authorship. This was brought forth in 2002. According to AGIP (2013), copyrightable works that need protection need to be deposited with Ministry of Information and Culture. Protection shall be granted to the authors of artistic, literary and scientific works. This is given to whatever the value of the work is, its purpose, kind or way of expression. Protection is generally given to works that have their means of expression as writing, drawing, image, sound, computer software, creative titles, or motion pictures. Protection is also offered to original works’ translation. In this article, an overview of the UAE copyright law shall be presented. According to IBP USA (2011), copyrights protect the rights of the authors of literary works. The author is considered to be the person who first owns a copyright of a work. In the case of musical sound recording, many rights holders exist. For instance, the lyricist, the composer, the singer, the musician and the producing company all hold the rights to the music. In a government work, the copyright owner is the government is the first copyright owner when there is no agreement stating the contrary. In a work by a public undertaking, the public undertaking shall be the first owner of the copyright in the absence of an agreement that states otherwise. Various definitions are given to specify who owns a copyright. The copyright is assignable to someone else fully or partially. The mode of assigning is by writing and signing by the person assigning and his authorized agent. The period for assignment is stated to be five years in the event that it has not been stated (Cotran and Lau, 2006). Copyright fundamentals In article 3 of the copyright law in UAE, the fundamental principle has been confirmed that the copyright is meant to protect expression of ideas and not just the idea. In addition, selling a book that is embodied with copyright like a book will not transfer the economic or financial rights to the buyer but will transfer the ownership of the item. According to article 4, prejudice shall not be caused to aspects of prescribed rights protection under the law provided the rights and disposals therein have not been registered and the work has not been filed (UAE, 2002). Copyright subject matter The Copyright subject matter has its definition in article 2 of the copyright law ion the UAE. This takes form of many countries. The law covers literary works like computer software, lectures and speeches, paintings, dramatic works, databases, drawings, audio, visual, audio-visual works, sculptures, photographs, derivative works, maps and architectural works. An extension of this subject matter has been made in the later sections associated to sound recordings in article 18, performances in article 17 and broadcasts in article 19. Economic or moral rights The fundamental financial rights of the author together with his successors or the author’s rights holder are stipulated in article 7 and include the right to award licenses for work exploitation in any manner. In particular, the rights that are covered are those of reproduction, broadcasting, electronic storage, transmission, acting a play, translation, re-broadcasting, modification, alteration, lending, rental and publication of any means, inclusive of the provision on the publication via computers, communication an information nets or any other means. Under article 8, rental right does not apply to software of computers unless the software is the rental’s essential subject. In addition, it does not apply to works that are audio-visual unless the rental is detrimental to the regular exploitations of the works. The financial rights of phonograms or sound recordings’ producers are outlined in article 18. This includes the right to avert any exploitation of any manner with no authorization and the right to publicize recordings through wire, computer or wireless (Tarbuck and Lester, 2009). In addition, third parties are not allowed to exploit these types of sound recordings through reproduction, broadcasting, re-broadcasting, rental and availing them, to the public via computers or any means. Article 19 gives broadcasting organizations the right to award licenses that can be used to exploit the broadcast and recordings thereof. It also grants them the right to avert any public communication with no authority. Third parties cannot exploit broadcasts by copying, rental, recording, communication or re-broadcasting of any manner to the public. In accordance with article 7, performers have been accorded the financial rights to communicate and transmit unfixed performances, to fix the performance on the phonograms and to replicate the performance that is fixed on the phonograms. According to Shaaban (2000), the third parties are forbidden from the fixation of live performance from a phonogram whether for direct or for indirect rental, commercial revenue, availability or transmission to the public via any medium with no authorization from the holder of the right. Besides, article 17 has been expressed to apply to the fixation of works on audio-visual performances by the performers unless it is agreed otherwise. This suggests that using sound recording on a work that is audio visual shall not impact on its protection level. Moral rights Copyright law in many countries provides the authors with the moral rights to integrity and paternity and in the UAE, this is the case; where additional rights to choose to publish the work first and then withdraw it from circulating if the reasons that justify this are serious. These rights are protected. Under the UAE law on copyrights, moral rights shall not be liable to any assignment or prescription. This law on copyrights takes copyright material that is protected as the author’s personality extension. In fact, Fitzgerald and Olwan (2010) argued that the copyright law of the UAE is similar to the French Intellectual Property code (article L. 121-1) which stipulates that an author has the right to obtain respect for his/ her work, authorship and name. this right is attached to the person and it will be perpetual, imprescriptible and inalienable. Transmission may be done in contemplation of the author’s death to the author’s heirs (French Intellectual Property Code art.L.121-1). Authors According to article 1 of the copyright law in UAE, an author is that person who created the work. In addition, a person who publishes under a pseudonym or anonymously will also be deemed as the author on condition that there is no doubt raised with respect to their real identity. In case there is doubt, the publisher or work producer, be they juridical or natural persons shall be considered the author’s representative in the exercising of the rights thereof up to the time when the author’s true identity shall be known. In accordance with the copyright law of the UAE, article 26, any juridical or natural person may solely assume the financial and moral copyrights of a work if the person directs the work creation in collective authorship, unless agreed upon otherwise. Further, article 25 stipulates that for joint authorship works where the authors’ shares may not be separated, they shall be considered the work’s equal authors unless it is agreed upon otherwise in writing. In this case therefore, no author will exercise the copyrights singularly unless a written agreement that states otherwise is made (Abdula, 2008). Licensing and transfer Under the UAE law on copyright, the author or his successor can grant transfer or licenses to a juridical or natural person as long as the transfer has been put in writing. This transfer agreement has to include the specification of every right that is subject to transfer and should state the reason of every right together with the exploitation place and period. The author or the successor may gat compensated in cash or in kind for transferring the rights for financial exploitation to third parties. This compensation is in form of percentage of participation in the income that is generated by exploitation. Duration Upon issuance of protection, it will last for the time that the author’s life lasts and an added 50 years after his death. Protection also lasts 50 years for cases of works in cinematography, corporate body works and works that are published for the first time after the author’s death. The copyright law in UAE also reserves the right to public libraries, institutions of culture and science, documentation centers and education that are non-commercial that allows them to reproduce the protectable works through photocopying without the author’s permission. This is done on condition that 50 copies of the number reproduced is limited to the interests and needs of these institutions and not detrimental to the author’s interests (Hansen, 2009). Limitations and exceptions Copyright laws across the world provide for the limitation and exception of the financial or economic rights. These are meant to permit different uses of copyright material with no cost and without the permission of the owner of the copyright in circumstances that are defined. The UAE enumerates the limitations and exceptions in terms of certain categories of purpose or activity (UAE Copyright Law). The exceptions are stipulated in article 22 and they include permission to make a copy of the work for personal use and commercial, copying works for proceedings that are judiciary, making one copy through the libraries’ acknowledgement, analysis and quotations for review and criticism, performance of the work by students in an institute of education or during family meetings with no remuneration and reproduction of the work provided the number of copies are in the limit of their purpose (UAE Copyright Law, Art 22). Other exceptions and limitations for periodicals, newspapers and broadcasting organizations are provided for in the UAE copyright law, article 23, and this allows the organizations to reproduce some works for purposes of publication provided that the limits have been justified by the objective that is thereof. Infringement and remedies The law on copyright provides the author or rights holder with several remedies against people who infringe and these include administrative sanctions, precautionary measures, criminal penalties and civil redress. According to article 34, the author or the successor has the right to request the court’s head to take defensive measures against copyright infringers. In addition, the customs authorities are also allowed to order upon the rights’ holders request or on their own account the postponement of the release of counterfeit goods contradicting with the provision made by the law herein for a duration that is not more than twenty days. In accordance with article 37, in the event that a publication is made without the authority of the author, a penalty of imprisonment is issued and/ or a fine that is not below 50.000 Dirhams. Any publisher who contravenes the instructions of the author via unauthorized addition, modification or omission will be imprisoned and/ or charged a fine that is not below 10.000 Dirhams (IBP USA, 2011). Conclusion Copyright laws are meant to protect the rights of owners of works. The laws give the owners the privilege to enjoy their works and any infringement of this right is punishable. However, the laws also provide for use of the works provided the consent of the owner is seeked. At times, the works could be used without the owner’s consent on condition that the usage is maintained within limits. The law also provides for the transfer of this property upon agreement by the owner and the person to be transferred to. Therefore, the laws on copyright are favorable to both the owners and to the users of the works. References Abdulla Ali, 2008 "Copyright and knowledge advancement: a case study on the UAE copyright law", Library Management, Vol. 29 Iss: 6/7, pp.461 – 472. Abu-Ghazaleh Intellectual Property (AGIP), 2013. UAE Copyrights. Retrieved on January 14th 2013 from: http://www.agip.com/Agip_Country_Service.aspx?country_key=10&service_key=C&lang=en. Cotran Eugene and Lau M., 2006. Yearbook of Islamic and Middle Eastern Law: (2003-2004). Brill. French Intellectual Property Code art.L.121-1. Fitzgerald, Brian F. and Olwan, Rami (2010) Copyright law in the United Arab Emirates in the digital age. European Intellectual Property Review, 32(11). pp. 565‐574. Hansen P. 2009, Intellectual Property Law and Practice of the UAE. OUP, Oxford. IBP USA, 2011. Middle East and Arabic Countries Copyright Law Handbook Volume 1 Copyright Law in Selected Countries. International Business Publications, USA. Shaaban, H. S., 2000. Commercial Transactions in the Middle East: What Law Governs. 31 Law & Pol'y Int'l Bus. UAE. Smith H. Eric, 1996. Worldwide Copyright Protection under the TRIPS Agreement. USA. Tarbuck Andrew and Lester Chris, 2009. Dubai’s Legal System Creating a Legal and Regulatory framework for a modern society. Motivate Publishing, UAE. UAE Copyright Law. UAE. United Arab Emirates, 2002. Ministry of Information and Culture: Federal Law No. (7) of the Year 2002 Concerning Copyrights and Neighboring Rights. UAE. Read More