Copyright law is an essential legal framework for creators, artists, and businesses, protecting their intellectual property and ensuring they can control the use of their work. In the UAE, the legal framework for copyright protection is mainly governed by Federal Law No. 38 of 2021. This law aligns with international standards and the UAE’s obligations under the Berne Convention for the Protection of Literary and Artistic Works.
Below is a detailed exploration of the key aspects of UAE copyright law that creators need to understand.
This blog is a part of Exploring UAE Intellectual Property Law .
What is Protected by Copyright in the UAE?
Copyright in the UAE protects a wide range of creative works, including but not limited to:
- Literary works: Books, articles, and other written materials.
- Artistic works: Paintings, drawings, sculptures, photographs, and other visual art forms.
- Musical works: Compositions, songs, and sound recordings.
- Dramatic works: Plays, dance, and other performance-related works.
- Software: Computer programs and applications.
- Films and audiovisual works: Movies, television programs, and digital content.
- Architectural works: Designs for buildings and structures.
- Works of applied art: Design works related to objects of industrial use.
Who Owns the Copyright?
Under UAE law, the author of the work is generally considered the initial owner of the copyright. However, the ownership can be transferred or licensed to another party, such as an employer or client. For instance:
- Works created under employment: If a work is created as part of the author’s job, the employer usually owns the copyright unless otherwise stated in the employment contract.
- Freelance or commissioned works: If an independent creator produces a work under a contract, the ownership terms are governed by the contract, which may specify whether the creator retains copyright or transfers it to the commissioning party.
What Rights Does Copyright Grant?
Copyright provides the creator with several exclusive rights to:
- Imitate: The right to make copies of the work.
- Distribute: The right to sell, distribute, or rent copies of the work.
- Public performance: The right to perform the work publicly, including stage performances or public broadcasts.
- Adaptation and modification: The right to create derivative works based on the original work, such as translations, adaptations, or remixes.
- Moral rights: These are non-economic rights that allow authors to protect the integrity of their works and prevent modification that could harm their reputation, such as the right to attribution and the right to object to derogatory treatment of the work.
How Long Does Copyright Protection Last?
The duration of copyright protection in the UAE is as follows:
- For literary, artistic, and musical works: Copyright lasts for the lifetime of the author plus 50 years after their death.
- For cinematographic, photographic, and audiovisual works: Copyright protection lasts for 50 years from the date of creation.
- For works created under employment or contracts: The protection lasts for 50 years from the date of creation, unless otherwise agreed upon in the contract.
Moral Rights in the UAE
Moral rights are a unique feature of copyright law that ensures the creator’s personal connection to their work is respected. In the UAE, moral rights include:
- The right to attribution: The author has the right to be identified as the creator of the work.
- The right to integrity: The author has the right to prevent others from distorting, spoiling, or altering their work in a way that could harm the author’s honor or reputation.
These rights are perpetual and cannot be waived or transferred, even if the economic rights are assigned to another party.
Infringement and Enforcement
Unauthorized use of copyrighted works is considered infringement. This could include copying, reproducing, or distributing works without permission from the copyright holder. Infringement can result in civil or criminal penalties, including fines and imprisonment.
The UAE government takes intellectual property protection seriously, with authorities tasked with enforcement, like the Ministry of Economy. IP holders can pursue legal action for infringement in the UAE courts, and the Customs Authority also plays a significant role in preventing the import and export of counterfeit goods.
Registration of Copyright
While copyright protection in the UAE is automatic upon the creation of the work, registration with the UAE Ministry of Economy provides legal advantages, including:
- Easier proof of ownership: Registration serves as evidence in court proceedings if copyright infringement occurs.
- Public record: It helps establish the work as part of the public domain and notifies potential infringers.
- Moral rights assertion: Helps in enforcing the moral rights of the creator.
The process of registration involves submitting the work to the Ministry along with required documents and fees. It is advisable for creators, especially those involved in commercializing their work, to register their copyright to enhance legal protection.
Fair Use and Limitations on Copyright
UAE copyright law recognizes certain limitations on the exclusive rights of copyright owners under the principle of “fair use”. These limitations allow the public to use works without permission under specific circumstances, such as:
- Criticism, review, or news reporting: UAE copyright law permits the limited use of copyrighted materials for criticism, commentary, reviews, or news reporting. For instance, quoting or referencing portions of a literary work in a book review or incorporating a short clip from a film for critique purposes may qualify as fair use. However, such use must be properly attributed to the original creator and should not undermine the commercial value of the original work.
- Educational and research use: Exemptions are available for the use of copyrighted works in educational settings or for scientific research, provided the use is non-commercial. For example, teachers can use excerpts from books, articles, or videos as part of classroom instruction, and researchers can incorporate copyrighted material into their studies. These exemptions aim to encourage knowledge dissemination and academic progress while ensuring that the original work is used responsibly.
- Private use: Individuals are generally allowed to use copyrighted works for personal, non-commercial purposes under fair use. This includes activities like making a private copy of a legally purchased book or music file for personal use. However, this does not extend to activities like unauthorized distribution or reproduction that could harm the rights holder’s economic interests.
Copyright in the Digital Age
With the rise of digital content and online platforms, the UAE has adopted measures to protect copyright in the digital realm. This includes provisions addressing issues like:
- Online piracy and illegal streaming: Copyright infringement in the digital space, such as unauthorized streaming or distribution, is a significant concern, and the law provides mechanisms for addressing these violations. The UAE’s copyright law includes stringent provisions to prevent these activities. The law enables content owners to take swift legal action against unauthorized use, including obtaining court orders to block websites or platforms that facilitate piracy. Regulatory authorities, such as the UAE Telecommunications and Digital Government Regulatory Authority (TDRA), actively monitor and take action to curb illegal streaming services. Violators face penalties, including fines and imprisonment, reinforcing the UAE’s zero-tolerance stance on digital copyright violations.
- Digital rights management: To further strengthen copyright protection, the UAE supports the use of digital rights management (DRM) technologies and agreements. DRM tools allow content owners to control access, usage, and distribution of their digital work. These tools include encryption, watermarking, and access control systems, which prevent unauthorized copying or sharing. The legal framework also recognizes and enforces DRM agreements, ensuring that content creators and distributors can leverage technology to protect their intellectual property effectively.
How to Protect Your Work
Creators should take several steps to protect their intellectual property:
- Document the Creation Process
Maintain records of drafts, notes, and development stages, as well as any agreements with collaborators. These records can serve as evidence of ownership in disputes.
- Register Your Work
Although copyright protection is automatic in the UAE, formal registration with the Ministry of Economy provides enhanced legal security and simplifies enforcement in case of infringement.
- Use Contracts
Collaborations and licensing should always be governed by clear contracts outlining ownership, usage terms, royalties, and confidentiality. Properly drafted agreements prevent disputes and protect creators’ rights.
- Monitor for Infringement
Regularly check for unauthorized use of your work online and in the market. Early detection allows timely action, such as issuing cease-and-desist notices or pursuing legal remedies.
Understanding copyright law in the UAE is essential for creators to protect their intellectual assets and secure exclusive rights over their work. In a rapidly evolving digital and creative economy, safeguarding one’s creations—whether literary, artistic, musical, or software-based—is a vital step toward ensuring their originality and value are not exploited without authorization.
Creators benefit significantly from registering their work, as it provides legal recognition and serves as evidence of ownership in case of disputes. Beyond registration, proactive enforcement of copyright rights helps creators maintain control over how their work is used, distributed, or monetized, thereby maximizing its potential across various platforms and markets.
By prioritizing proper copyright management, creators not only secure their intellectual property but also enhance its commercial potential and marketability, fostering long-term growth and success in the UAE’s dynamic business environment.
