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The
English version of this document is for guidance only.
The Arabic version is the governing text.
Article
1 :
Definitions
The
following terms, wherever used in this Law, shall have the
meanings following them, unless the context requires otherwise.
Work:
Any literary, scientific or artistic work.
Joint
Work: A work composed by two or more natural
or corporate persons whether the contribution of each is separable
or not.
Collective
Work: The work collectively composed by
a group at the instruction of a person, natural or corporate,
who undertakes its publication under his name or administration,
where the work of the contributors is integrated in the general
objective sought by that natural or corporate person, so that
no contribution of any of the participants may be separated
or singled out.
Audio
Work: Any audio fixation of a specific performance
or sound, regardless of the means of fixation.
Audio-Visual
Work: Any work produced for simultaneous
audio and visual use, consisting of a series of related images,
accompanied by sound and recorded on an appropriate means
and shown by suitable devices.
Derivative
Work: Work based on a pre-existing work.
Author:
The person who creates a work.
Performers:
The persons who act, recite, sing or play roles
or participate in performing by any other means in literary
or artistic works.
Publication:
Making copies of a work to meet public need.
Copying:
Producing a copy or more of one of the literary,
artistic or scientific works on a material means, including
any sound or visual recording.
Folklore:
Shall mean all literary, artistic or scientific
works which are assumed to have been created on Saudi territory
and transmitted from one generation to the next and constitute
part of the traditional Saudi cultural and artistic heritage.
Broadcasting:
Transmission of a work, performance or an audio
or visual recording to the public, using wires or wireless
methods or any other means of transmission, to be received
by the public, including transmission via satellite.
Committee:
The competent Committee formed to review violations
resulting from the implementation of the provisions of this
Law.
Ministry:
The Ministry of Culture and Information.
Minister:
The Minister of Culture and Information.
Implementing
Regulations: The implementing regulations of this Law.
Chapter
One
Protected
Works
Article
2: Original Works
This
Law shall protect the works created in the fields of literature,
art and sciences, irrespective of their type, means of expression,
importance or purpose of authorship, such as:
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Written materials like books, booklets and others.
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Works which are verbally delivered like lectures, speeches,
poetry, songs and the like.
-
Dramatic works, plays, shows and similar presentations which
involve motion, sound or both.
-
Works which are especially prepared for broadcasting or
are presented through broadcasting.
-
Drawings, works of plastic arts, architecture, decorative
art and artistic embroidery and the like.
-
Sound and audio-visual works.
-
Applied art works, whether handcrafted or manufactured.
-
Photographic works and the like.
-
Illustrations, geographical maps, designs, plans, sketches
and sculptured works related to geography, topography, architecture
and science.
-
Three dimensional works of geography, topography, architecture
or science.
-
Computer programs.
Protection
shall include the title of a work, if it is of creative nature,
and not a common expression indicating the subject matter
of the work.
Article
3: Derivative works
This
Law shall also protect:
-
Works of translation.
-
Works of abridgement, modification, illustration, editing
or any other forms of alteration.
-
Encyclopedias and anthologies which are deemed creative
with respect to the selection of their content or arrangement,
whether they are literary, artistic or scientific works.
-
Compilations of folkloric works and expressions and selections
therefrom, if such compilations are creative as to selection
or arrangement of their contents.
-
Databases, whether they are mechanically readable or can
be read in any other manner, if they are creative as to
selection or arrangement of their contents.
Copyright
protection enjoyed by the authors of the works mentioned in
the above paragraphs shall in no way jeopardize the protection
enjoyed by the authors of the original works.
Article
4: Works excluded from protection :
Protection
prescribed by this Law shall not cover the following:
-
Laws and Judicial judgments, decisions of administrative
bodies, international agreements and all official documents,
as well as the official translations thereof, subject to
the provisions concerning the circulation of these documents.
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What is published in newspapers, magazines and periodicals,
or broadcasted in daily news or news-like events.
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Ideas, procedures, work methods, concepts of mathematical
sciences, axioms and abstract facts.
Chapter
Two
Owners
of Rights
Article
5: Authors
An author is any person who publishes a work attributed to
himself by mentioning his name on the work or by any other
means used to attribute works to their authors, unless there
is evidence to the contrary.
The publisher whose name appears on the work shall be the
representative of the author, if the work is published under
a pseudonym or anonymously.
The authors of the audio work and the audio-visual work shall
be the persons who participated in the creation of this work,
such as:
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Author of text.
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Scenarist.
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Dialogue writer.
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Director.
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Composer.
Article
6:
Joint and Collective Works
When
two or more persons participate in the authorship of a work
in such a way that the contribution of each in the work cannot
be separated, they shall all be considered equal partners
in the ownership of the work, and none of them may independently
exercise the author's rights prescribed by this Law , unless
otherwise agreed in writing. Each of the participants in the
authorship shall have the right to protective and summary
procedures upon infringement on the work and shall have the
right to claim for compensation for his share, against the
damage he has incurred as a result of such infringement.
When two or more persons collectively participate in the authorship
of a work in such a manner that their contributions to the
collective work can be separated, each party shall have the
right to individually exploit his part, provided that no damage
is caused to the exploitation of the collective work, unless
otherwise agreed.
A natural or corporate person who directed or organized the
creation of such a collective work shall alone exercise the
copyright.
Article
7: Folklore
Folklore shall be the property of the state, and the Ministry
shall exercise the copyright pertaining thereto.
The import or distribution of copies of folklore works, copies
of their translations or others which are produced outside
the Kingdom without a license from the Ministry shall be prohibited.
Chapter
Three
Rights
Article
8 : Moral Rights
(1)
The author shall have the right to exercise any of the following:
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Attributing the work to himself or publishing it under a
pseudonym or anonymously.
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Objecting to any infringement on his work and preventing
any deletion, change, addition, distortion, corruption or
any other form of tampering with the work itself.
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Making any amendment to or deletion from his work, at his
discretion.
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Withdrawing his work from circulation.
(2)
The moral rights provided for in paragraph (1) of this article
are permanent rights of the author and are not subject to
waiver or lapse by prescription.
(3) The moral rights shall be retained by their owner and
shall not be forfeited by granting the right of exploiting
the work in any manner.
(4) Moral rights provided for in this Law shall pass to the
Ministry upon the death of the owner who has no heirs.
Article
9 : Financial Rights
First:
The
author, or whoever he delegates, shall have the right to exercise
all or any of the following, as per the nature of the work:
-
Printing and publishing the work in a reading format; recording
it on audio or visual tapes, compact disks or electronic
memory or any other means of dissemination.
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Translation of the work into other languages, quoting or
altering it and the redistribution of the sound or visual
material.
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Communicating the work to the public via any possible means,
such as displaying, acting, broadcasting or data transmission
networks.
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All forms of material exploitation of the work in general,
including permissible commercial rental.
Second:
The
authors of artistic and literary works, their performers,
composers and producers of sound recordings and broadcasting
organizations shall enjoy their financial rights, as prescribed
by the implementing regulations.
Article
10 : Compensation upon Withdrawal of the Work:
The
author shall refrain from performing such deeds that may prejudice
exploitation of the authorized right of third parties. Nevertheless,
the author may withdraw his work from circulation, amend,
delete from or add to it, upon agreement with the party authorized
to exercise said right. Should there be no agreement, the
author shall be obligated to compensate the said person according
to the decision of the Committee.
Article
11 : Assignment of Copyright
-
Copyrights provided for in this Law shall be transferable,
in whole or in part, either through inheritance or by lawful
disposal, which shall be recorded in writing and shall limit
the scope of the transferred right in terms of both time
and place.
-
The rights provided for in this Law shall be passed to the
author's heirs, with the exception of performing any amendment
to or deletion from the work.
-
If the author instructed in his will that the publication
of his work be barred or if he specified a date for such
publication, his will shall be carried out within its limits.
-
If the work is produced by an individual and its author
dies, or it is a joint work and one of the authors dies
with no heirs, his share shall be passed to those entitled
to it according to the provisions of the Islamic Shari'ah.
Article
12 : Assignment of Future Production
An
author's assignment of all his future intellectual production
is deemed null and void.
Article
13 : Arrangement of Contractual Relations
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The rights' owners shall make arrangements for their relations
and their rights with the establishments of production,
printing, publishing and distribution, broadcasting organizations
and other entities licensed to perform their activities,
pursuant to certified contracts that specify all rights
and obligations of the parties concerned.
-
Establishments of production, printing, publishing and distribution
as well as broadcasting organizations and others shall not
engage in any activity related to copyright except after
concluding a contract with the copyright's owners or their
attorney-in-fact, where the rights and obligations of each
party shall be specified.
Article
14: Continuity of Contracts
The
author's heirs are obligated to abide by the contracts concluded
by their testator during his lifetime, including the rights
and obligations of third parties.
Chapter
Four
Lawful
Use
Article
15 : Exceptions
The
following uses of the copyrighted work, in its original language
or in translation, are lawful without obtaining the permission
of the copyright owner. These forms of use are:
-
Copying the work for personal use, excluding computer software,
audio and audio-visual works.
-
Quoting passages from the work in another work, provided
that such quotation be consistent with the conventional
practice and within the limits justified by the intended
objective, and provided that the source and name of author
shall be mentioned in the work where the quotation is cited.
This shall also apply to journalistic summaries abstracted
from newspapers and periodicals.
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Using the work by way of clarification for educational purposes,
within the limits justified by the intended objective, or
making a copy or two for public libraries or non-commercial
documentation centers on the following conditions:
(a) Shall
not be commercial or for profit.
(b) Copying
shall be restricted to the requirements of activities.
(c) Shall
not impair the material benefit of the work.
(d) The
work is out of print or is lost or damaged.
-
Citing or copying articles published in newspapers or periodicals
dealing with current subjects or broadcast works of similar
nature, provided that the source and name of the author,
if known, are clearly given.
-
Copying any broadcast work that may be viewed or listened
to during presentation of current events by means of still
or motion pictures, provided that copying remains within
the intended objective with the source clearly given.
-
Copying public speeches, lectures, judicial proceedings
or any other similar works made in public, if such copying
is made by the media, provided that the name of the author
is clearly mentioned. The author shall retain the right
to publish such works in the manner he sees fit.
-
Production of temporary recordings by broadcasting organizations
and through their own means –without impairing the author's
copyright – in one copy or more for any protected work,
for which they are licensed to broadcast and show, provided
that all the copies be destroyed within a period not exceeding
one year from the date of their preparation, or a longer
period agreed to by the author. A copy of this recording
may be kept with official archives, if the recording is
a unique documentary work.
-
Music playing, acting, performing or showing any work, after
publication, by government troupes or public corporate entities
or school theater, as long as such playing, performance
or acting does not lead to direct or indirect financial
gains.
-
Copying short quotations from published works, drawings,
pictures, designs or maps in school books prepared for educational
curricula or in books of history, literature and art, provided
that copying is within the limits of necessity and that
the title of the work and the name of the author are mentioned.
-
Taking new photographs of any previously photographed object
or work and publishing these pictures, even if the new pictures
have been taken from the same vantage point and under the
same circumstances of said pictures.
-
Citing parts of scientific articles and works by research
institutions for their internal use or to fulfill the requirements
of those who are conducting studies and research, provided
that the source be mentioned.
-
Making one reserve copy of computer programs for the persons
possessing the original copy for the purpose of protecting
the original, while keeping the original with the user,
to show upon request.
The
implementing regulations shall detail the circumstances required
for these exceptions to apply.
Article
16: Mandatory Licenses
-
The Minister may grant a publication license for the work
after the lapse of a period to be specified by the implementing
regulations for each case, if he sees that publication of
this work serves public interest, in the following cases:
(a) If
no copies of the published work in its original language
are made available in the Kingdom by the copyright owner
to satisfy the general needs of the public or school or
university education, at a price comparable to the price
of similar works in the Kingdom, upon the author's declining
to make available copies of that work.
(b)
If all editions of the original work or its Arabic translation
are out of print, with the copyright owner's failure to
make it available upon request.
(c)
If no translation has been published for this work by the
owner of the translation copyright or with his permission,
provided that the purpose is to make use of this translation
in educational curricula.
(d) If
the heirs of the Saudi author or his successors decline
to exercise the rights passed to them pursuant to Article
(11) of this Law, within one year of the date of the request,
if they have no valid excuse.
-
The license shall terminate upon publication of the work
or the translation by the copyright owner, or with his authorization.
-
The Minister may specify the remuneration to be paid by
the licensee to the copyright owners for every license issued,
and they shall have the right to appeal his decision to
the Board of Grievances.
-
The implementing regulations shall determine the procedures
and conditions required for the application of the mandatory
license.
Article
17 : Prohibited Use of Certain Works
-
Whoever produces pictures shall not publish, display or
distribute the originals or copies thereof without permission
of the individuals pictured or their heirs. This provision
shall not apply if the pictures were published on the occasion
of public events, if they are pictures of officials or public
figures, or if publication is permitted by public authorities
in the service of public interest. The person represented
in the picture may give permission for its publication in
newspapers, magazines and the like, even without the permission
of photographer. Such provisions shall apply to the picture,
regardless of the way the picture has been produced.
-
Only the author shall have the right to publish his letters.
However, this right shall not be exercised without the permission
of the addressee, if publication may harm him.
Chapter
Five
Scope
and Duration of Protection
Article
18 : Scope of Protection
Provisions
of this Law shall cover the following:
First:
-
Works of Saudi and Non-Saudi authors published, produced,
performed or displayed for the first time in the Kingdom
of Saudi Arabia .
-
Works of Saudi authors published, produced, performed or
displayed for the first time outside the Kingdom.
Second:
Works
of broadcasting organizations and of producers of sound
recordings and performers.
Third:
Works
copyrighted pursuant to international agreements or treaties
for protection of copyright to which the Kingdom is a party.
Article
19 : Duration of Protection
First:
-
The period of copyright for the author of a work shall be
for the duration of his life and for a period of fifty years
following his death.
-
The period of copyright for joint works shall be computed
from the date of the death of the last surviving author.
-
Protection period for works where the author is a corporate
entity, or if his name is unknown, shall be fifty years
from the date of the first publication of the work. If the
name of the author becomes known before the end of the fifty
years, the duration of protection shall be the period specified
in paragraph (1) of this article.
-
If the work consists of several parts or volumes, published
separately or over a period of time, each part or volume
shall be considered an independent work for the purposes
of the computation of its protection period.
-
Protection period for sound works, audio-visual works, films,
collective works and computer programs is fifty years from
the date of the first show or publication of the work, regardless
of republication.
-
Protection period for applied art (handcrafted or manufactured)
and photographs shall be twenty five years of the date of
publication. Computation of the period starts in this case
on the date of the first publication of the work, regardless
of republication.
Second:
-
Protection period for broadcasting organizations shall be
twenty years from the date of the first transmission of
programs or broadcast materials.
-
Protection period for the producers of sound recordings
and performers shall be fifty years from the date of performance
or its first recording, as the case may be.
Article
20 : Validity of Protection to Works Antecedent
to the Law
Literary,
artistic and scientific works, acoustic recordings and broadcasting
programs published before the date this Law is effective,
pursuant to the periods specified in Article (19) of this
Law, shall be protected, provided that the protection period
under the previous Law has not expired and that protection
was not terminated in the countries of origin which are parties
with the Kingdom to international agreements or treaties for
the protection of copyright.
Chapter
Six
Provisions
of Infringements and Penalties
Article
21 : Infringements
The
following acts shall be deemed infringements on the rights
protected by the Law:
-
Publishing a work not owned by the publisher, publishing
it under the pretense of its ownership or without obtaining
a written authorization or a contract with the author of
the work, his heirs or their representatives.
-
Amendment of the contents of a work, its nature, subject
or title without the knowledge of the author and his prior
written consent thereof, whether the amendment is made by
the publisher, the producer, distributor or anyone else.
-
Reprinting the work by the producer, the publisher or the
printer without obtaining prior written consent of the copyright
owner, or having the documents authorizing the reprint.
-
Removal of 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 the original copies of the work, such
as coding or data recorded by the use of laser or other
means.
-
Commercial use of intellectual works 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 receiving or exploiting
works through means other than those determined by owner
of the rights.
-
Copying or photographing parts of a book or 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 of the Ministry, with the
exception of cases of lawful copying specified in Article
(15) of this Law.
-
Import of counterfeit, imitated or copied works.
-
Keeping non-original works at the commercial establishment,
its warehouse or any other facility owned by it, whether
directly or indirectly and under any pretense.
-
Infringement on any of the protected rights specified in
this Law or violation of any of its provisions.
Article
22 : Penalties
First:
Any
person who violates a provision of this Law shall be subject
to one or more of the following penalties:
-
Warning.
-
A fine not exceeding two hundred and fifty thousands riyals.
-
Closing the violating establishment or the one which participated
in the violation of the copyright, for a period not exceeding
two months.
-
Confiscation of all copies of the work along with the materials
used or intended for use in the infringement on the copyrights.
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Imprisonment for a period not exceeding six months.
Second:
Upon
repetition of the infringement on the same work or any other
work, the maximum limit of penalty, fine and closure may
be doubled.
Third:
If
the Committee sees that the violation entails imprisonment
or a fine exceeding one hundred thousand riyals or cancellation
of the license, the case shall be submitted to the Minister
for referral to the Board of Grievances.
Fourth:
The
Committee may decide on financial compensation for the benefit
of the owner whose right has been infringed upon and who
files the complaint. Compensation shall be consistent with
the size of infringement and the damage incurred.
Fifth:
The
Committee may include in its decision the punishment of
defamation against the person who commits the infringement.
Publication of such shall be at his expense and by the method
the Committee deems appropriate.
Sixth:
The
Committee may include in its decision suspension of participation
of the infringing establishment in the activities, occasions
or exhibitions, if the infringement was discovered during
a commercial event, provided that the period of suspension
shall not exceed two years.
Seventh:
The
Committee may issue an injunction against the printing of
the work infringed upon, its production, publication or
distribution, in addition to protective impounding of the
copies, materials and pictures made from it. It may take
any temporary measure it finds necessary to protect the
copyright till a final decision is reached regarding the
complaint or grievance.
The
implementing regulations shall specify the protective impounding
procedures.
Article
23 : Grievance
Anyone
against whom a decision was made by the Committee shall have
the right to file a grievance with the Board of Grievances
within sixty days from the date of notification of the decision.
Article
24 : Investigation of Violations
The
officers concerned at the Ministry shall investigate the violation
and visit media and commercial facilities, warehouses and
public institutions and private establishments that use intellectual
works in their activities and investigate them. They shall
have the power of judicial investigation and protection of
evidentiary proofs.
The
implementing regulations shall specify the rules and procedures
which these employees shall adhere to.
Article
25 : Violation Review Committee
-
A Committee to review the violation shall be formed by the
Minister's decision, with a minimum of three members, provided
that one of them is a legal advisor and the other a Shari'ah
advisor.
-
Decisions of the Committee shall be made by majority vote,
which shall be endorsed by the Minister.
Chapter
Seven
General
Provisions
Article
26 : Issuance of implementing regulations
The
implementing regulations of this Law shall be issued by the
Minister, within six months, and it shall be published in
the Official Gazette.
Article
27 : Superceding other laws
This
Law shall supercede the Copyright Law issued by the Royal
decree No. M/11, dated 19/05/1410 H.
Article
28 : Validity of this Law
This
Law shall be published in the Official Gazette, and it shall
be effective six months after the date of its publication.
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