Saudi Arabia's new copyright system: Million-dollar fines and lifelong protection
In a strategic move aimed at fostering a creative environment and protecting intellectual property, the Saudi Cabinet approved the updated Copyright Law. This decision represents a significant leap forward for the Kingdom's intellectual property system, establishing comprehensive protection for creative output and precisely defining the scope of literary and financial rights, in line with global developments in this field.
The context of Vision 2030 and intellectual property
The adoption of this system aligns with the objectives of the Kingdom's Vision 2030, which places great emphasis on the knowledge and creative economy. The Kingdom, represented by the Saudi Authority for Intellectual Property, is working to modernize its regulations and legislation to create an attractive environment for foreign and domestic investment in the fields of culture, science, and technology. This system is a fundamental pillar for guaranteeing the rights of creators and innovators, encouraging increased intellectual and artistic production without fear of infringement or piracy, thus strengthening the Kingdom's position as a regional hub for innovation.
Perpetual intellectual property rights and definitions
The new system defined an "author" as the person who creates a work, and the definition of "work" encompassed any original literary, artistic, or scientific work, regardless of its type or mode of expression. A key feature of the system was the affirmation that the author enjoys "perpetual" moral rights that are neither assignable nor subject to any statute of limitations. These rights include the right to first publish the work, to have it attributed to the author, and to object to any distortion or misrepresentation that might harm the reputation of the work or its creator. These rights are transferred to the author's heirs upon their death to ensure the continuation of moral protection.
Scope of protection and exceptions
The umbrella of protection encompassed a wide range of works, from books, lectures, and theatrical productions to visual and musical arts, maps, computer software, and innovative databases. Conversely, to ensure a balance between protecting rights and the dissemination of knowledge, the system excluded abstract ideas, procedures, methods of operation, mathematical concepts, official documents, and purely factual daily news, unless the method of their collection or arrangement was innovative.
Financial rights and contract regulation
The system granted the author exclusive financial rights, including copying, translation, modification, commercial rental, and broadcasting. Regarding the labor market and production, the system obligated production and publishing institutions to conclude detailed written contracts with rights holders before commencing any activity, and deemed any assignment of the author's entire future intellectual output absolutely null and void, in order to protect creators from contracts of adhesion.
Severe penalties: imprisonment and fines
To ensure the enforcement of the law, penalties have been unprecedentedly severe to deter intellectual property rights violators. The law stipulates a prison sentence of up to one year and/or a fine of up to one million riyals for anyone who exploits a commercially protected right without authorization, plagiarizes a work, or circumvents technical protection measures. The law also emphasizes doubling the penalty in cases of recidivism, meaning a repeat offense within three years of the previous sentence being served or expunged, reflecting the state's firm stance against intellectual property crimes.
Time protection extensions
The system established precise time limits for the protection of financial rights, with protection lasting for the author's lifetime and for 50 years after their death. For works authored by a legal entity or anonymously, protection extends for 50 years from the date of first publication. For performers and producers of sound recordings, protection lasts for 50 years from the date of publication or installation, while broadcasting organizations are protected for 20 years from the date of first broadcast.
