Copyright Protection in Saudi Arabia

Is Copyright protection available in Saudi Arabia?

Yes, Saudi Arabia has copyright legislation in place for protection of copyright subject matters. The law and implementation regulations have detailed provisions on subject matters of protection, infringement, exceptions, ownership clauses, and procedures to enforce rights.

What is the subject matter for Copyright protection in Saudi Arabia?

Literary, artistic and scientific works are protected in Saudi Arabia. Literary work may include books, articles, magazines, computer software, and artistic work may include paintings, photography, sculpture, lithography and maps etc.

What is the process for registration of Copyright in Saudi Arabia?

There is no procedure in place for copyright registration. Nonetheless, since Saudi Arabia is a member of Berne convention, any work which falls in protectable subject matter and fulfill the condition of originality will be protected without registration. Provisions related to copyrights in TRIPS agreements are also applicable in Saudi Arabia as a member of WTO.

Which Authority is responsible for Copyright protection?

Saudi Authority for Intellectual Property is responsible for protection and enforcement of copyrighted works, its enforcements, and legal procedures for criminal prosecutions in Saudi Arabia.

How much is the duration for Copyright protection in Saudi Arabia?

It depends on the type of copyrighted work involved. For example, for some of the works, period of protection varies as follows:

Protection of work for an author is during his/her lifetime and for 50 years following his/her death.

In case of joint authorship, the protection will be the lifetime of last surviving author and 50 years after death of last surviving author.

For corporate entities, protection of fifty years will start from date of first publication of work.

The duration for copyrighted applied art works is 25 years from the date of publication.

Is Saudi Arabia member to any international convention on Copyrights?

Saudi Arabia is a member of Berne Convention since March 11, 2004.

Who is owner of Copyrights in created work in Saudi Arabia?

The author is the sole owner of copyrights in created work. The definition of author may be different depending on the type of work involved.

Are there provisions on joint ownership?

Yes, any work which is created by two or more corporate or natural persons will be joint work, under joint ownership of all authors.

Is there Copyright protection available for software under Saudi Copyright law?

Yes, Saudi copyright law protects computer software for a period of fifty years post publication.

What type of actions are available for Copyright infringements in Saudi Arabia?

A Copyright owner can file a criminal prosecution action for the public right with the Copyright Committee at Saudi Authority for Intellectual Property. The committee is composed of a panel of members to decide on the matter. The Saudi Copyright Law allows the copyright holders to file a civil copyright infringement action before the Commercial Court too.

Are there administrative actions available against Copyright infringements?

A copyright owner can file request with Custom and Border Protection Authorities to seize a consignment bearing infringing goods imported into Saudi Arabia. Other than the customs measures, there is no administrative procedure in place currently.

Where is appeal against initial decision filed in infringement cases?

An appeal can be filed against the decision of the Copyright Committee to the Commercial Court. Final appeal lies with Court of Appeal.

Is it possible to license or assign Copyright work in Saudi Arabia?

Yes, it is possible to license or assign copyright work through a written agreement. The subject matter of assignment shall exist at the time of agreement.

Can moral rights be assigned in Saudi Arabia?

No, it is not allowed to assign moral rights even with consent of author. Only financial rights are assignable.

Is it necessary to record license agreement?

No, it is not mandatory to record a license agreement.

What are consequences of non-recordal of license?

Under Copyright law, there are no detrimental effects on non-recordation of licensed works.

Who has the right to initiate copyright infringement action?

A copyright owner, and an exclusive licensee having right to initiate action provided in license agreement may sue for copyright infringement.

Are there customs measures available for right holders to take action against infringing acts?

Yes, Saudi copyright law, and special law related to border measures has a prescribed procedure for border measures against copyright infringement.

How often Copyright infringement actions are initiated in Saudi Arabia?

Copyright infringement cases are very rare in Saudi Arabia.

Is it possible to request for interim orders in Copyright infringement action?

Yes, the law authorizes Copyright committee to issue interim orders, however in practice, it is very unlikely that Copyright committee will issue an interim order.

In theory, damages are possible to be, is it possible to claim damages in copyright infringement cases? How much damages are awarded?

Damages must be actual to be recovered. however, in practice it is very unlikely that Saudi court will award damages. Shariah (Islamic law is applicable to calculation of damages, which requires cause and effect relationship between infringing activity, and actual damages caused as a direct result of such acts.

Does Saudi Copyright law provide punishments for copyright infringment?

Yes, copyright law provides fine and imprisonment and stipulates maximum punishments. Fine can imposed up to maximum of Saudi Riyals 250,000 equivalent to USD 66,700. Imprisonment up to a maximum of 6 months can also be imposed upon infringer.

Business establishment may be closed up to maximum 2 months. Confiscation and destruction of infringing goods used or intended to be used in violation of rights may also be imposed.

Are there additional punishments for repeat violator of copyright law?

Under Saudi Copyright law, double punishment can be imposed upon repeat violator. For example, a fine will become SAR 500,000 equivalent to USD 133,400 (maximum) and imprisonment will be for one year (maximum). Business establishment may be closed up to 4 months.