Saudi has witnessed significant development in the creative industry, whether it is in art, music, gaming, production, software and many other aspects.
Rasha Al Ardah Partner,Intellectual Property
Saleh HebshiAssociate,Innovation & Patents
In recent years, Saudi has witnessed significant development in the creative industry, whether it is in art, music, gaming, production, software and many other aspects. There are a number of authorities that were created to cater for the development of the creative industry, such as the Film Authority, the Heritage Authority, Arts Commission, Visual Arts Commission, Museums Authority, Library Authority, the Music Commission, and the Architecture and Design Authority. With all the efforts to enhance creativity, intellectual property rights come at the forefront, and one of the most important right in such industries is the Copyright. In this article, we will shed light on the Copyrights Law in Saudi, how it protects creators and their rights under the law.
The legal framework regulating copyrights in Saudi Arabia, consists of local laws and regulations, in addition to international treaties, including:
The Copyrights Law issued by Royal Decree No. M/41 dated Rajab 2, 1424, amended by Cabinet Resolution No. 536, dated 10/19/1439 AH, and it’s Executive Regulations (“Copyrights Law”).
Regulations of Border Procedures for Protection of Intellectual Property Rights of Trademarks and Copyrights.
Berne Convention for the Protection of Literary and Artistic Works.
the Universal Copyright Convention;
the Arab Regional Copyright and Related Rights Agreement;
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The Copyrights Law protects creative works in any field of art, literature or science. The Copyright law provides a wide list of works that are protected under the law which includes:
(i) Written materials like books, booklets, and the like; (ii) Works which are verbally delivered like lectures, speeches, poetry, songs, and the like; (iii) Dramatic works, plays, shows, and similar presentations, which involve motion, sound, or both; (iv) Works, which are prepared for broadcasting purposes or are presented through broadcasting; (v) Drawings, works of visual art, architecture, decorative art, artistic embroidery, and the like; (vi) Audio and audio-visual works; (vii) Applied art works, whether handcrafted or manufactured; (viii) Photographic works and the like; (ix) Illustrations, geographical maps, designs, plans, sketches, and visual works related to geography, topography, architecture, and science; (x) Three dimensional works of geography, topography, architecture, or science; and (xi) Computer programs.
In addition to the above works; the Copyrights Law provides protection for derivative works, such as translation, compilations and databases.
Since Saudi is party to the Berne Convention for the Protection of Literary and Artistic Works; registration is not required for the protection of Copyright. A work is protected on its creation provided that it meets the condition of originality.
In 2019, the board of Saudi Authority for Intellectual Property (SAIP), which is the administrative body responsible for the development, protection and enforcement of intellectual property rights in Saudi, issued Resolution No. (3-7-2019), which allowed for optional registration of copyright, and provided the process and requirements.The general conditions for the registration of a work, are; (i) the work or its content does not contradict with the rules of the Islamic Sharaia and public orders in Saudi; (ii) the work is not excluded from protection (example; ideas, laws, news ..etc.).
At this stage, SAIP listed specific works that could be registered; which are: Architectural designs, Computer software and applications; topography; photographs; and art and applied art. Other works could be later added by a decision issued by the CEO of SAIP.
Copyright provides the author with exclusive rights over his/her work, to utilise and exploit their work and prevent third part from utilising it without authorization. Pursuant to Copyrights Law there are two main type of rights; moral rights and financial rights.
The moral rights, are personal rights to the author and the author cannot dispose of or waive in any way or form. These rights include:
right of attribution; to be named as the author of the work;
rights of integrity; the author has the right to prevent any deletion, change, addition, distortion, corruption, or any other form of tampering with the work itself;
right of making changes and amendments to his work at his discretion; and
Right to withdraw the work from circulation.
The financial rights on the other hand; are those rights related to the exploitation for the wok to get financial gains. Unlike the moral rights; financial rights can be transferred or disposed of. According the Copyrights Law, the financial rights include:
Printing and publishing the work in a readable format; recording it on audio or video tapes, compact disks, electronic memories, or any other means of dissemination;
Translating the work into other languages, quoting or altering it, or redistributing audio or visual material.
Communicating the work to the public via any possible means, such as displaying, acting, broadcasting, or data transmission networks.
Any other forms of exploitation of the work in general.
Infringement of copyright is a penalized act under the Copyrights Law. As such the Copyrights Law provides for a number of acts that constitute infringement of Copyright and provides for the penalties for such acts. The infringing acts include:
Publishing a work not owned by the publisher, or publishing it under the presence of its ownership or without obtaining a written authorization or concluding a contract with the author of the work, his heirs, or their representatives.
Amending the contents of a work, its nature, subject, or title without the knowledge of the author and his prior written consent thereof, whether this amendment is made by the publisher, producer, distributor, or anyone else.
Reprinting a work by the producer, publisher, or printer without obtaining the prior written consent of the copyright owner, or having the documents authorizing said reprint.
Removing any written or electronic information that may lead to forfeiting the owner's copyrights.
Removing and cracking any protective electronic code that guarantees the use of original copies of the work, such as coding or data recorded by the use of laser or other means.
Using intellectual works commercially through deception, which is not permitted by the owners of the copyright, such as using copied software or receiving coded broadcasting programs through illegal means.
Manufacturing or importing tools –for the purpose of sale or rental- of any means which facilitate the reception or exploitation of works through means other than those determined by the owner of the rights.
Copying or photographing parts of a book, a collection of books, or parts of any work, with or without compensation, without obtaining the written consent of the copyright owners and the competent authorities at the Authority.
Importing counterfeit, imitated, or copied works.
Keeping non-original works at a commercial establishment, its warehouse, or any other facility owned thereby, whether directly or indirectly, and under any pretence.The penalties under the Copyrights Law are; a warning; a fine of a maximum of SAR 250,000; imprisonment of six months maximum and closure of the violating establishment for a maximum of 2 months.
As noted above, copyright infringement is a criminal act; therefore, the author or copyright owner has the right to seek criminal protection of his work. In addition, the author or copyright owner has the right to seek compensation for the damages occurred due to the infringement of his/her work.
Since the establishment of the SAIP and with its role to regulate intellectual property rights and help protect IP rights in KSA; it has started accepting complaints related to copyright infringement. SAIP would, through the Copyright Committee consider a complaint and examine it legally and technically. Once the examination is completed by the Committee, it will transfer the matter to the Prosecutor to proceed with a criminal procedures. It is worth noting that prior to 2020, the Copyright Committee had the jurisdiction to issue penalties and award compensation. However, in 2020 the jurisdiction in considering the copyright cases was transferred to the Commercial Courts, which limited the jurisdiction of the Committee.
To seek compensation for the damages occurred due to the infringement, a copyright owner may file a case with the Commercial Court. Co Committee may also take precautionary measures to stop the infringement, until a decision is issued.
Copyright is an important intellectual property right, it is crucial to consider the protection the same in Saudi Arabia. An enforcement system for copyright is available however, a clear strategy shall be put in place to decide on the best route for the enforcement and the option that gives the best option.
For further information, please contact Rasha Al Ardah and Saleh Hebshi.
Published in November 2022
