Legislation Overview
- Full Title: Federal Decree-Law on Copyright and Neighboring Rights - Law Type: Federal Decree-Law - Issued Date: 20 Sep 2021 - Effective Date: 02 Jan 2022 - Sector: Economy and Business - Number of Articles: 113 - Current Status: Active
Summary
The Federal Decree-Law on Copyright and Neighboring Rights provides comprehensive legal protection for authors, performers, phonogram producers, and broadcasting organizations in the United Arab Emirates. It defines the scope of protected works, establishes moral and economic rights, and outlines limitations and exceptions to copyright. The law also regulates collective management of rights and enforcement mechanisms, including penalties for infringement. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Arts. 1-53) This legislation aims to foster creativity and innovation by safeguarding the rights of copyright holders. It aligns the UAE's copyright framework with international standards and facilitates access to protected works for persons with disabilities. The law's provisions balance the interests of rights holders, users, and the public. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Arts. 1-53)
What is the scope and purpose of this law?
The law applies to authors of creative works in the fields of literature, arts, and science, as well as holders of neighboring rights, including performers, phonogram producers, and broadcasting organizations. It grants them legal protection against infringement of their rights within the UAE. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Art. 2)
What are the key definitions?
The law provides definitions for key terms, such as "Work," "Author," "Holders of Neighboring Rights," "Performers," "Phonogram Producer," "Broadcasting Organization," "Reproduction," and "Accessible Format Copy." (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Art. 1)
What are the main obligations and requirements?
The law requires the registration of work rights and dispositions, though failure to register does not prejudice the protection or rights established by the law. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Art. 4) Authors and their successors have moral rights, including the right to publish the work, attribute it to the author, and object to modifications that would distort or taint the author's reputation. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Art. 5) Authors and copyright holders must authorize the use of their works, including reproduction, broadcasting, and making the work available online. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Art. 7)
What are the rights and protections?
The law grants authors and holders of neighboring rights exclusive economic rights, including the rights of reproduction, rental, public performance, and communication to the public. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Arts. 7-19) It also provides for limitations and exceptions, such as the creation of accessible format copies for persons with disabilities and the use of specific works for educational or informational purposes. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Arts. 22-26)
What are the penalties for non-compliance?
The law establishes penalties for copyright infringement, including fines and imprisonment. Specific penalties are not provided in the text of the legislation. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Art. 39)
How does this law interact with other UAE legislation?
The law references several other UAE federal laws, including the Civil Code, Commercial Code, and laws on electronic transactions, commercial companies, and trademarks. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Preamble)
When did this law come into effect and what are the transitional provisions?
The Federal Decree-Law on Copyright and Neighboring Rights came into effect on 2 January 2022. The legislation does not include specific transitional provisions. (Federal Decree-Law on Copyright and Neighboring Rights, 2021, Art. 53)
Source Documents
This article analyses Federal Decree-Law on Copyright and Neighboring Rights for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.