Copyright .. a legislative lever for the creative economy

Mustafa Abdel Azim (Dubai)

Federal Resolution Act No. 38 of 2021 regarding copyright and related rights guarantees protection for author and intellectual and creative works in various sectors, including the new economy sectors, by introducing new articles protecting intellectual works in the field of information technology such as e.g. . programming and others, and the establishment of legal provisions To protect smart applications in order to harmonize the new law with local and global developments in the digital environment.
The new copyright law aims to keep pace with developments in the field of intellectual property protection worldwide, and works to provide protection for the author’s intellectual works in various areas such as collective management of copies and music.
The Collective Administration of Copyright is an administrative body that authorizes the owners of copyright and related rights the right to represent them before the users of their rights and to collect the financial compensation for them as a result of the use of the rights.

The amendments to the new law on copyright and related rights are in line with the state’s strategy and the vision of the rational leadership in the effort to develop and amend legislation in accordance with the latest world practices, and to ensure intellectual protection that the creative aspect such as e.g. as the protection of copyright and neighboring rights, which effectively and directly contribute to the development of the creative economy The state and improve its advanced position in the global indicators in the protection of intellectual property.

A stimulating environment for creative people
The amendments made to the new law contribute to the stimulation of national and foreign investment in the areas of the creative economy, cultural industries, projects based on innovation, intellectual and creative production, and the development and attracting of expertise and competencies. in this area.
The provisions of the law also provide a stimulating environment for creators, innovators and owners of intellectual works in the traditional and new fields of creativity, thus strengthening the position of the UAE as a global destination for creativity, innovation and talent.

The author and related rights holders
The new law defines the author as the person who creates the work or the person whose name is mentioned on it or attributed to it when it is published as its author, unless evidence is provided otherwise. There should be no doubt about the knowledge of the truth. of the author’s identity If in doubt, the publisher or producer of the work, whether natural or legal, is considered to be the author’s representative in the exercise of his rights, until the truth of the author’s identity is known. .
By law, the owners of related rights are artists, producers of sound recordings and broadcasting organizations, in accordance with the provisions of this Act.
The law defines classified as any innovative production in the field of literature, art or science, regardless of its type, method of expression, importance or purpose.

Fundamental changes
Among the most prominent amendments that have come to the new copyright and related rights law is the granting of exceptions to copyright rules to allow the copying and distribution of published works in accessible ways for people with a visual impairment. in line with the state’s accession to the Marrakesh institutes. These exceptions ensure that people of determination have the opportunity to participate in cultural and creative life and benefit from the benefits of scientific progress.
This amendment permits the Ministry of Economy to grant the right to publish to change or enlarge the font of any smart application, reading pen or book in Braille, or an audio medium to suit this category, with the approval of the Ministry and without the need for the author’s approval or the publisher or his remuneration, in order to serve this category This category of people with visual impairments, in accordance with controls to ensure that these resources are aimed at people with visual impairments and that this exception is not used to circumvent and infringe the rights of the author and publisher.

author compensation
The amendments also included the addition of an article on the compensation of the author or the right holder in the event of a violation of his moral and financial rights, in accordance with the general rules for damages to the right holder, whether moral or financial, such as the previous law imposed fines and penalties on the offender, and did not refer to the author’s civil compensation.
The law created a committee to investigate copyright disputes and grievances with the aim of protecting the author from any infringement of his rights, before going to court, in order to facilitate procedures and resolve disputes quickly. and to be of the specialists, with the possibility of appealing his decisions in the state courts.

Raise the ceiling of sanctions
Among the amendments is also the decree law which raises the ceiling of fines to start from twenty thousand dirhams and up to five million according to the nature and type of offense, and the protection of the financial rights of the author provided for in this decree- law for the duration of his life, and 50 years after his death, and the financial rights of artists are protected for a period of (50) years.

Protected works
The protection stipulated in Federal Decision Act No. 38 of 2021 regarding copyright and related rights, authors of works and owners of neighboring rights, if their rights are violated within the state, especially works that include books, brochures, articles and other written works, smart applications and computer programs The applications thereof , databases and similar works are determined by a decision of the Minister, as well as lectures, speeches, written oral sermons and other works of a similar nature.
It also includes representations, musical, mime and musical works with and without words, audio, visual or audiovisual works, architectural works, engineering drawings and plans, drawings with lines or colors, sculpture, engraving, printing on stone, fabrics, wood or metals, and any similar works in the field of fine arts, photographic or similar works, works of plastic and applied art, pictograms, geographical maps, schematic drawings, three-dimensional works relating to geography, topography or architectural designs, and derivatives works, without prejudice to the protection prescribed for the works from which they are derived.Protection also includes the title of the work if it is Inventor or innovative idea written for a radio program

duration of protection
Under the new law, the financial rights of the author provided for in the decree-law are protected for the duration of his life and fifty years from the beginning of the calendar year following the year of his death, as well as these rights are protected for the authors of joint works for the duration of their entire life and fifty years from the beginning of the calendar year following the year of death of the last person who survived who they are.
The financial rights of authors of collective works (with the exception of authors of works of applied art) are protected for a period of fifty years from the beginning of the calendar year following the year in which they are first published, if the author is a juristic person Clauses 1 and 2 of this article. Financial rights are protected on works published for the first time after the death of their author for a period of 50 years from the beginning of the calendar year following the year in which they were first published, while financial rights are protected on works published without the name of their author or under a pseudonym for a period of 50 years, from the beginning of the calendar year following the year in which it was first published, if the author thereof is known and identified, or if its author discloses his identity.
The financial rights of authors of applied works of art expire after 25 years from the beginning of the calendar year following the year of their first publication.
In cases where the term of protection is calculated from the date of publication for the first time, the date of the first publication will be taken as the basis for calculating the period, regardless of the republishing, unless the author has made material. amendments to his work by republishing it so that it is regarded as a new work. of the term of protection.

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