Copyright UAE And Across The World

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Copyright UAE and Across the world Jul 27, 2016
This post is posted by Mr. Imran
Contact : +971563849356
Horwath mak business consulting
Below you shall see the details of copyrights act and protection.
Federal law # 1 of 1972 pertaining to the jurisdiction of Ministries and the competences of Ministers, and the laws amending thereto;

Federal law #15 of 1980 pertaining to printed matters and publication; and

Federal law # 40 of 1992 for the protection of Intellectual works and copyrights;

Upon the recommendation of the Minister of Information and Culture; the approval of the Cabinet and the ratification of the Supreme Board of the Council;
Have, hereby promulgated the following Law:


Article 1:

The following words and phrases shall, in the application of the provisions of the Law herein, have the meaning attributed thereto, unless the context otherwise provides:

The State: United Arab Emirates
The Ministry: The Ministry of Information and Culture
The Minister: The Minister of Information and Culture

The Work: Any innovated work, in the literary, artistic or scientific domain, whatever the type, manner of expression, significance or purpose of classification thereof

The Author: The person who creates the work. Any person citing his name on the work or attributing same thereto, upon publication, as the author thereof, shall be deemed the author of such work; unless otherwise has been proven.

Any person publishing anonymous or pseudonymous work, or in any manner else shall be deemed the author thereof; provided that no doubt is raised in respect of the true identity of the author; otherwise the publisher or producer of the work, whether a natural or Juridical person, shall be deemed representative of the author in exercising the rights thereof, until the true identity of the author is recognized.

Creativity: The element of innovation that bestows authenticity and distinctiveness upon the work.

Holders of neighboring rights: performers, producers of phonograms and broadcasting organizations, as defined in the law herein.

Performers: Actors, singers, musicians, dancers and other persons who recite, chant, play in or otherwise perform, in any manner, literary, artistic or other works, that are protected pursuant to the provisions of the Law herein, or that have fallen into public domain.

Producers of phonograms: Any natural or juridical person who first records the sound of a performer, or other sounds.

Broadcasting organization: Any party that undertakes audio, visual or audiovisual broadcasting by wireless means.

Broadcasting: The audio, visual or audio-visual transmission of work, performance, phonogram or broadcast and the recording thereof to the public by wireless means. Transmission via satellites shall also be deemed broadcasting.

Publication: Making the work, phonogram, broadcast, or any performance available to the public, in any manner whatsoever.

Public performance: Any act that leads to making the work, either live or recorded, directly communicated to the public such as acting in dramatic works; presentation or performance of artistic works; performance of audio-visual works; playing in musical works; or recital of literary works.

Public communication: Wire or wireless transmission of a work, a performance of phonogram or of a broadcast in a manner that enables receiving thereof, through transmission only, to persons other than the family members and close friends, and in any place other than the place of transmission; regardless of the time, place or manner of receiving.

Reproduction: The making of one or more reproductions of a work, phonogram, broadcast or any performance in any manner or form, including permanent or temporal electronic loading or storage, and whatever the method or device used in reproduction.

Phonogram: Any aural fixation of sounds of particular performance; regardless of the manner of fixation or the medium that has been used. Phonogram includes the process of fixing sounds with images to produce an audio- visual work; unless otherwise agreed upon.

Producers of audio-visual works: Natural or juridical person who provides the necessary potentials for producing an audio-visual work and assumes the responsibility of such production.

Works of collective–authorship: The work made by a group of authors under the guidance of a natural or judicial person, who shall undertake publishing the work in his name and under his supervision. The works of such authors shall be incorporated in such work, for the main purpose sought by such person, such that the works of each author may not be separated or distinguished independently.

Works of Joint-authorship: The work that is made by a number of persons, whether the share of each person may be separated or not, and which may not be listed under the works of collective- authorship.

Derivative work: The work that originates from a preexisting work, such as translations.
The collections of literary and artistic works and collections of folklore expressions, shall also be deemed derivative works; so long as such collections are innovated in respect of the arrangement or choice of the contents thereof.

National Folklore: Any verbal, musical, bodily–action or tangible folklore expression represented in distinctive elements reflecting the technical conventional heritage, originating or remaining in the State, and which may not be attributed to a known author.
Public domain: All works that are excluded from protection, or that the term of protection on the financial rights thereof has been exhausted.

Article 2:

The authors of the works and holders of neighboring rights shall enjoy the protection stipulated by the law herein, if an infringement has occurred upon their rights inside the State, and particularly the following works:
1- Books, pamphlets, articles, and other written works.
2- Computer software and applications thereof; databases; and similar works as determined by the decision of the Minister.
3- Lectures, speeches, sermons, and any other works of similar nature.
4- Dramatic, dramatico- musical works and pantomime.
5- Musical compositions with or without words.
6- Audio, visual or audio-visual works.
7- Architectural works, and engineering drawings and layouts.
8- Works of drawing, painting, sculpture, engravings, lithography, printing on textiles, wood and metals, and any similar works of fine arts.
9- Photographic works and analogous works.
10- Works of applied arts and plastic arts.
11- Illustrations, geographical maps, sketches, and three- dimensional works relative to geography, topography or architecture and others.
12- Derivative works, without prejudice to the protection prescribed for the works from which it has been derived.

Protection shall include the title of the work, provided that such title is innovated; as well as the written innovated idea of the broadcast.

Article 3:

Protection shall not include ideas, procedures, plans of action, mathematical concepts, absolute principles and mere facts; however, protection shall apply on the innovated expression thereof. Protection shall not include:

1- Official documents, whatever the source or target language thereof, including legal texts, regulations, decisions, international agreements, judicial rulings, arbitral awards, and judgments issued by administrative committees of judicial competence.

2- Reports and news of incidents or current events having the character of mere items of press information.

3- Works that have fallen into public domain.
Nevertheless, items 1, 2 and 3 of the present article shall be protected, if characterized by innovation in terms of the collection or arrangement thereof or any other effort exerted therein.

Article 4:

The Ministry shall set the regulation for filing or registering the rights prescribed for works or any disposals conducted therein before the competent party, pursuant to the provisions of the Implementing Regulations of the law herein. The records of filing or registering the rights at the Ministry shall be deemed a reference for the particulars of the work.

No prejudice shall be caused to the aspects of protection or the rights prescribed in the law herein, had the work not been filed nor the rights thereof and disposals therein been registered.

Chapter Two

Article 5:

The author and his successors shall enjoy, in respect of the work, moral rights, which are not liable for prescription or assignment. Such rights include:

1- The right to decide to first publish the work.
2- The right to claim authorship.
3- The right to object to any amendment on the work if such amendment shall cause distortion or mutilation to the work, or which would be prejudicial to the reputation of the author.
4- The right to withdraw his work from circulation, if serious reasons justifying such have occurred. Such right shall be exercised through the relevant court of jurisdiction. In which case, the author shall be ordered to pay fair compensation, in advance, to the party ascribed the financial exploitation rights, within a period to be specified by the court, before the judgment of withdrawal is implemented; otherwise such judgment shall be null and void.

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