World Intellectual Property Organization

Kuwait

Law No. 64 of 1999 concerning Intellectual Property Rights including Explanatory Memorandum

 

 


EXPLANATORY MEI\10RANDUM

OFTBEDE~LAWFORTHE

PROTECTION OF INTELLEcruAL PROPERTY

Literary, artistic and scientific works are the fruits of human thought and the mirror ofman's character.

There is no doubt that the protection of the authors' rights has become one ofthe strongest requirements

necessitated by the current state of cultural progress and the introduction of modem techniques in printing

and pUblisrung. Therefore, the protection of authors' rights and the preservation of their efforts and

imellecrual innovations have become necessary in order to encourage them to continue their creative and

sci entific activities.

Due to the importance of protecting authors' rights, Kuwait became a party to several conventions such

as the Arab Convention for the Protection of Authors' Rights in 1986 and the founding treaty ofWorld

Intellectual Property Organization. For these reasons and to complete the basic laws of the country, the

attached law has been prepared for the comprehensive and effective protection of the author through na

ionally 3pplicablo legislation.

The provisions ofthis law reflect significant modem JegislaLive attitudes and points ofview, and are in line

with contemporary legislation and take into consideration international conventions relating to the protec

tion ofauthors' rights with which Kuwait is a.:ffil.ioted. The law includes the provisions ofthese conventions

and adopts the latest solutions devised by these international conventions, notably the World Convention

on Author's Rights (Geneva 1952) and its various amendments, the Arab Convention for the Protection of

Authors' Rights, the Convemio!1 on Trade Related InteUectual Property Rights (TRIPIS) and the founding

treaty ofthe World Intellectual Property Organiz.ation with which Kuwait is affiliated as per law #2 of 1998

as well as the reports ofthe International Committee formed in accordance with the provisions of the . aforesaid convention for keeping pace with the developed countries which adopted these solutions after they became intemJuonaliy established rules.

The first part ofthe law specifies the scope ofprotection bu t in anticipation offuture developments, does

nQt limit the types of artistic \vorks protected to those specified. However, the lawestablishes a general

structure and gives some examples of the common types. The first paragraph ofartic1e (1) provides thar

the works whose authors have legal protection are newly created works in the fields ofarts, letters and

sciences irrespective of their value, type, compilation, objective or expressive style, so that this scope

includes works currently in existence and works which may be created in the future.

The second paragraph ofthis article defines the author as the person who creates the work as well as the person to whom the work is attributed upon publication thereofin any manner that helps to identify this person. This is a legal fact that may be disproved by all legally stipulated mearu.

Aniele (2) provides examples ofworks, whose authors are protected tmder the law, from among those that arc common and in general use at the present time. These include computer software and databases which, in conformity with rules estnblished in accordance with inteI1llltional conventions, are cOllSidered in the same ught as literary works. It does not omit to expressly provide that protection also covers the title ofthe work ifthis is distinguished with an innovative fonn and is not a corrunon word denoting the subject maner ofthe work.

A.r1icle (3) provides works derived from previous works, including translated works as well as all fonTIS ofexisting works compiled into new forms, with protection after pennission from the original author to do so had been obtained.

The third paragraph ofthis article provides a restriction with respect to photographic works, nameJy that the author sbould not prevent others from taking new photographs ofthe thing photographed. nus restriction is not considered a prejudice to the rights ofthe photographic author. The protection of photographic work necessitates the prevention of copying directly from the Sll.lllO photographic work without permis.sion from the author. However, it does not prevent other photographs being taken from the same pl·ace,

even ifthis is done under the same circumstances as when the first photographs were taken.

In the second chapter, the law regulates the authors' rights. The first part of this chapter deals v.ith

general provisions. Article (4) stipulates that the author shall solely decide whether his work is to be

published and how it should be published. He also has the right to utilize it financially and the article

prevents third parties from using this right except under prior written permission from the author or his

successor.

Article (5) states some ways in which a work may be utilized financially, namely its reproduction and

presentation to tbe public through public performance, translation. modification, surnm.arization, explana

tion and amendment into any other form . It is W1derstood that these forms are not mentioned in this article

merely as examples.

Art'ide (6) states some of the author's literary rights relating to his work. It stipulates that he is solely

emitled to have his work attributed to him.He and his successor have the right to object to any modifica

tion made by third parties to his work wi thout permission from him and it also states the exceptions thereof.

On the other hand, micles (7) to (11) describe situations when the author is deprived ofthe right to object to the utilization ofrus own work by third parties even ifsuch utilization is made v;ithOl..lt his permission. It is may be noted that these 5ituations do not conflict with the author's rights relating to his work because they do not imply a material utilization or infringement ofhis literary right. However, they are in harmony with the narure ofthis right which aims to promulgate culture in general, such as musical play or acting in a private meeting which does not yield a financial benefit or where the reproduction is done for the private use ofan individual or by a public library or registered non-commercial house provided that the reproduction is limited to the fulfillment ofits needs and docs not harm the ordinary utilization ofthe work, or the presentation, quotation or analysis ofthe work [or the purpose ofcriticism, stUdy or information, etc ... provided that the reference and author's name are clearly mentioned. However, the author shall solely have the right to publish collections ofhis speeches or anic1es as stipulated in article (12).

After the law has stated the authors rights during rus life, it clarifies the cii.sposition ofsuch rights after his death . Article (IJ) thereof limits the passing ofmaterial utilization rights to his heirs and obliges them to comply v-tith any contracts he may have concluded with publishing houses or to comply with his will should this prevent publication or set times or conditions thereupon. In the case ofajoint work, it provides for the passing ofhis share to the remaining authors in equal shares ifhe has no heir or legatee and it is not agreed otherwise in writing.

Then the law deals with the case when the heirs ofa Kuwaiti author do not publish the work oftheir legator nor republish it. Where the public i.nterest necessitates publjcation ofthe work, article (14) entitles the Minister ofInfonnation to request the heirs to publish the work by registered Jetter. Ifthe authors heirs or his successors insist on refusing to publish the work, the Minister shall be entitled to have an order issued by the president of the Court ofFust Instance to hand the work over to him for publication. All this shall be without prejudice to the right ofthe author or his successor to fair compensation.

Article (15) of the' law provides special provisions concerning performing artists such as singers, musicians and dancers as practical reality reveals that the drawing power of some performing artists exceeds the attractiveness of the author of the work. Indeed the mists may be the basic reason why a work is popular and the public is attracted to it.

Whereas the authors financial rights to his work is temporary by its nature, articles (16) and (17) ofthe law state when the period ofprotection for all types ofworks expires. Article (16) provides for the expiry ofthe author's right ofprotection and the rig.ht ofthe person who 'translated his work into another foreign language in connection with the translation ofsuch a work into Arabic ifthe author or the translator does not exercise this right within five years from the date the original or translated work is first published . However, the Mnister ofWorm at ion may license the translation ofthe work into Arabic or the publication thereof one year after the date the original or translated work was published for the first time, provided to a fair compensation is paid to the author or the person to whom the translation rights have passed., for the purposes ofpromUlgating culture and the benefits society can acquire from r:very innovative and creative work.

The first item ofarticle (17) states the general rule relating to the period of protection, namely that it lasts

for the author's life and fifty years from the dale ofdeath of the last sumving author. In both cases, the per

iod shall start as of the end of the caJendaryear when death OCCUlTed. The second and third items oft his

article provldc for another date for the commencement of the period ofprotection in connection with some

works. The law here takes into consideration the public interest and gives it priority over the author's

interest in vlew of the nature of the work or the conditions an ached to its publication or where the author

is an artificial person. The second item of this article considers the first date of publication to be the time

from which the fifty-year period should be calculated and after which the right ofutilization shall expire In

connection with works published under an assumed name or v..ithout mentioning the author's name unless

the author is known to the public under his assumed name or unless the author discloses his identity. In this

casc, the provisions contained in the first item hereof shall be applied to him. This is also applicable to

works where the entitled person is an artificial person. This is also the case in connection with cinema

works, photography works, applied arts, computer software, databases and the works that are published

for the first time after the death of their author. The third item considers that the end of the caJendaryear for

such work!; is the commencement date for calculating the fifty-year period fo r the expiry of protection in

the case ofperforming artists and the end of the calendar year during which the recording was made in the

case ofproducers ofcinematic works or works prepared for radio or TV The fourth item provides for a

shorter protection period in connection with the prograrrunes ofbrondcasting centers, ie twenty years to

commence as of the end ofthe calendar year during which the work was first broadcast.

In the second chapter of the second part, the law deals with some works that require special provisions

such as ajoint work that is compiled by several persons whereby the portion of any of them cannot be

separated from the share ofthe others. Article (18) provides that all the authors are considered as having

equal rights in such a work unless it is otherwise agreed in writing. It prevents them from exercismg copy

right in such a work except under their unanimous agreement. other than for taking precautionary and im

mediate procedures and for making a claim for compensation for the damages incurred because of in

fringement, and it provides that the court offirst instance is competent to decide any dispute berweeTI them

in this matter.

However, ifit is possible to separate the share of each author, article (19) provides that each of them is

.eoti tled to utilize the part that he solely contributed, provided that this shall not affect the utilization of the

joint work unless it is otherwise agreed in writing.

Due to the fact that one element ofajointly compiled work may have special predominance or impor

tance in relation to the other elements, article (20) entitles the author of the musical part only ofthe lyrical

WOrks, such as opera and operettas, to ucense the public performance ofthe joint work in whole or the

execution or publication thereof It also entitles the author ofthe literary part to utilize his own part pro

vided that he shall not use it as a basis for another musical work unless it is otherwise agreed in writing.

Article (21) entitles the designer of movements in joint works which are performed in the fonn ofmove

ffients accompanied by music, such as ballets, sho\'/S and sport games (if accompanied with music), to

license the public performance, execution or shooting of the wholejoint work and grants the composer of

the musical part the freedom to dispose of his part provided that it is not utilized in a work similar to the joint work unless it is agreed othem'ise in \l.TIting. After article (22) specifies who is considered to be a partner in the creation ofcinematic work or a work prepared for radio or TV. Article (23) provides that the author ofthe scenario ofthis work and the person who amended the literary work and the director are together entitled to present it despite the objection of the music composer, without prejudice to the rights resulting from participating in the composition. The second paragraph of the article entitles the author ofthe literary and musical parts to publish his work in any other manner unless it is otherwise agreed in writing. Article (24) deals with the case \>,·hen a participant in the compilation ofone ofthese works does not complete his own part and deprives him ofthe right to object to the use, by the other participants, ofthe part which he has already completed so that his objection, which may be ungrounded or unimportant, does not result in the suspension ofthe artistic work or in gross materiallosscs which :lIe not compatible with the reusonsfor tho objection.

l:jecause the production ofvisual works necessitat e.s its producer's presentation thereof without intezfer

ence from the authors who have interests in the same work, article (25) defines the producer ofcinematic

works or works prepared for ramo or TV as the natural or artificial person who completes or assumes re

sponsibility for such completion or the one who gives his authors thereof the lTIll1erial and financial means

necessary for such completion, and then grants him all the publishing rights as their attorney as well as their

successors' anorney with respect to the presentation and utilization thereofunless it is otherwise agreed in

writing.

Article (26) provides that a coUective work is a work that is created by a group under the supervision of

a natural or artificial person whereby the contribution of each participant cannot be separated nor distin

guished, such as dictionaries, encyclopedias and thesauruses. In this case, only the person who supervises

th~ innovation ofthe work and compiles it shall be entitled to exercise the rights ofthe author.

Article (27) of the law provides, in connection with a work created by a person for the account of another person, for a provision contrary to that reI ated to the collective work. In the case ofa collective wor~ the contribution of each participant to the work is mixed with the contributions ofthe others and thus cannot be attributed to one ofthem only. Therefore, the law decides that it is to be attributed to the natural or artificial person who directed and organized the innovation of the work. As for a work compiled by a specific person, even when under the supervision and for the account ofanother person, the character of the author shall remain clear and evident in it and therefore the work shall be attributed to the innovator as a general rule unless it is otherwise agreed in writing.

Article (28) ofthe law contains a legal fact that the publisher ofworks made under an asswned name or works which do not bear the author's name is considered to be the latter's attorney with respect to the exercise ofhis rights thereto.

Aniele (29) ofthe law contains some provisions relating to photography. It lays down a general rule that

a photograph may not be rusplayed or published or reproduced without a wrinet1 consent from the person

who is photographed, unless the photograph is published on the occasion ofa public event or is rdated to

officials orweU-known persons or ifthe authorities permir publication in order to serve the public interest,

unless such an act affects the honor or reputation ofthe person photographed.

The third part of the second chapter ofthe Jaw deals with compiJation rights. Article (30) provides for the right ofthe author to transfer the right ofuti.lization to third panies as referred to in articles (4), second paragraph, and (5) ofthe law. It stipulates that, in order that the transfer be valid, each right that is subject to transfer, and its extent, purpose and its place and period ofutilization must be stated in writing. Writing here is the basis ofvalidity and not just a means of probation. The law, in the last paragraph ofthis article, obliges the author to refrain from any act that would impair the transferee's utilization ofthe transferred right. The fifth paragraph provides that the provisions relating to the author's assigrunent ofhis rights in accordance with the provisions of this law apply to performing artists. Artic:le (3 I) also pennits the author to dispose ofrus rights relating to the work on the basis ofa sharing of revenues and treats the case when an agreement is unfair to the author's rights with a provision necessitated by consideration.s ofjustice and which is considered a deviation from the general rules of contracts, on the basis that an author is usua.1J y ignorant of the relationship existing between him and the publisher orthe presenter panicularly ifhe is a rising ornew author.

A!, the literary rights stated in article (4), first paragraph, and article (6) oftbe law are personal rights of the author, the law explicitly stipulates in article (32) that any disposal thereofis invalid. It also states in arliete (33) that the author's disposal oOlis total future intelJectuaJ output is invalid.

If a work is a single original work of art, the law is keen to provide explicitly in article (34) that the authors disposal thereofcannot transfer his rights to the transferee but he is not entitled to oblige the latter to enable him to reproduce an original copy thereof or present such a copy unless they agree olherwise in

writing.

The Jaw docs not omit to entitle the author alone in article (35) should serious reasons arises, to request the COW1 ofFirst Instan co to order the withdrawal ofhis work from circulation., despite the dispos.aJ ofhis right of ut..ili:zation, In considcraLion for 3. compensation to tile transferee for any resulting lTh11erial damages

The author must pay the compensation as ruled by the court in advance wilhin a speci..li~d period before

the actual withdrawal of the work. IIthe author does not pay the compensation within the specified period,

the judgment ordering withdrawal shall be made invalid and the work may be put into circulation !\Baln.

In t he third part thereof, the law states the precautionary procedures and penalties that euarantec the protection ofthe author's rig.hts in an efficient and quick manner. Article (36) permits the author and his successor to request the judge of SunuTIill)' matters in the COWl offirst instance to order the adoption of all or some of the protective procedures specified should his right to publish the work or show it be infringed without a written permission from the entitled person. These protective procedures arc of two types:

The fust type:

This is intended to prevent damage resulting from the in.fringement ofthe author's rights, ie the prevention

of fuMe damages. This type includes the foUowing procedures: Detailed description oflhc work, suspen

sion of its publication, prescntation or manufacture, recording ofa public performance with respect to a

compiled music or act or preSCI1l.J.t.iorr, and prc'/cflUn8 the continuation of the e:xist.ing show or its prohibi

tion in the future

The second type:

Thi.s is intended for the assessment ofthe a.ctua.l damages resulting from the lnfringement and adopting the

procedures tluit would preserve the author' 5 rights by eliminating ofsuch damages. These types of proce

dures includes attachment ofthe orig:inal work or its copies as well as the materials used for reproduction

thereof and assessment ofthe revenues resulting from publishing or showing it by an expert delegated for

this purpose, with attachment of these revenues in all cases. The ordering judge may oblige the applicant to

deposit un appropriate guara~'1tee to ensw-e the seriousness oftbe application.

This article also obuges the concerned party to tile the original dispute with a competent court within eight

days folJowing the issuance ofthc order, otherwise the order shall be deemed null and void.

Article (37) provides that an appeal may be filed against an order issued in the cases stipulated in article

(36) before the judge who made the order who may rule for confirmation ofthe order or amendment or cancellation thereof and appoint a receiver for the disputed work.

Article (J 8) mentions some procedures by which the tri al cOW1, upon referral of the original dispute and upon the request ofthe author or his deputy, may order the copies ofthe work unlawfully published and the materials used for publishing it be destroyed or that its features be changed or it be rendered unusable. However, it made an exception for this in the circumstances when the author's right expires less than two years after the date the judgment is issued. instead ofthis, it permits the court to rule for confirmation of precautionary attachment for fuLfillment ofthe compensation filed in favor of the author. This exception ne~essa.rily includes the case ofa work translated into Arabic in violation of the first paragraph of article

(16) on the basis thar rhis violation is not so serious that it necessitates ajudgment for destruction. The second paragraph ofthe article provides that the amount ofcompensation granted to the author shall have a lien over the sale price ofthe attached items and money for fulfillment thereof The only lien that shall have priority over it is that of the judicial expenses to preserve, maintain and collect such amounts.

Article (3 9) provides that attachment may not be imposed on the author's right to publish his work. The right that may not be attached is the author's financial right. Concerning the literary right, it is well established that it rmy not be subject to anachment or disposal thereof because it is one ofthe rights attached to personality. The proyjsion that attachrr..ent ofthe financial rights may not be imposed., although it is disposable by nature, is considered a deviation from the general rules so that the o.uthor is not obliged to publish his work involunuuily through an.a.chment in violation ofhis literary right. Ifthe author voluntarily decides to publish his work and had done so, his literary right shall expire and only his financial right remain~ ie the copies that were published and are possessed by him. Therefore, this article expressly provides that these copies may be attached. However, the author's financial right related to works where he has died, before

IPlNlllK\VT/C/l/Rev.l Page 4

Tr-anslators' Note Translating from lu-abic to Englishis-fraught with difficulties even for the most erudite ofbilingualists, the more so whenthe text being translated is a legal document,. because the two languages differ markedly in their grammatical and syntactic structures. A word-for-word transl~tion seldom makes sense. In the attached translation, the translators have avoided a literal translation to the extent necessary to make the meaning, as understood by them,. clear.

Disclaimer 'While every care has been taken in the translation ofthis law, the translators and Kuwait Publishing House cannot assume any legal responsibility for the accuracy of this translation. No responsibility for loss or damage occasioned to any person acting or refraining from action as a result of the material in this translation can be accepted by the translators or by

. Kuwait Publishing House.

Copyright Apart from any fair dealing for the pu~oses ofresearch or private study, or criticism or review, as perinitted under Law #64 of1999> this transLa tion may only be reproduced, stored or transmitted, in any fonn, or by any means, with the prior written permission ofKuwait Publishing House.

Caveat The pubIishers strongly recommend that persons with legal queries or problems seek qualified legal advice without delay.

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CABlNET

LAW NO 64 OF J99Q

CONCERNfNG

fNTELLECTl)Al PROPERTY RlGHTS Ila'.:ing considered The Ct}l1stitution.

The penal code promulgated law No 16 of 1961 and Jaws amending thereto. the panel procedures and trial promulgate.:i issued under la'll" INa J7 (if ]900

a.nd laws amending thereto Law !YD. 3 of 196 I on publications and printed matters, pub!ica:tior. and nIl amending laws, The Civil and Commercial procedures law promulgated under dec~rec law No ·18

of 19~O and the laws a.mending thereto, Ttie Civil Utw promulga.led under decree law No, 67 of )980 amended 'hy law

No, J5 of 1996,

Law Na.16 of 1996 sanctioning the .P.rab Convention of the protection of Authors' Rights,

Law No.2 of1998 sanctioning the affiliation of the State ofKuwai!t.() world

Ii1tellE':ctual property Organization Treaty, The National Assembly has rectifying this law and we sanctjon~d and promulga.ted the same>

IPfN/lIK.WT/CIl/Rev.l Page 6

First SecfiJ)1t SC(Jpe ofProlectiO}l Article (J}

The' authors ofnewly created literary works ofans, letters and science sliall be undcr:tfle protc-.ction hemof irrespective of the value. type objective or expressive style ofthese litctmy works.

An .author means the person who creates the literary works, or to whom the lit~ry work is attributed upon publication thereof whether by mentioning his name on·the lit·erary work in any other manner unless there is evidence to the cOntrary.

Arlide:W

The protection shall covec following literary works in particular:

(a) Written literary wOTks.
(b) Lirer{try works delivered orally. such as lectures, speeches, religious sermons
and the like.
(c) Theatrical1iterary works and musical plays
(d) Mus.loalliterary works 'with or without songs.
(e) Literary w'Orks petformed by means ofmovement or steps and mainly pr~pared
for direction,
(f) Movie literary works, and audio, video and radio literary ",..'orks,
(g) Painting and literary works depicted by means of Jines, colors; and diag.rap-rs.:as
well as literary works of architecture. sculpture. arts carving and decorafions .
. (h) Photographic literary works.
(i) Literary works of applied art, including craft or industrial designs.
U) Illustrations, geographic maps, design, plans and modt\15 relating to goography.
topographY, architecture and science.
(k) Computer literary works including software, databases and tIle like.
0) Derived and translated literary worh.

The protection also covers the title of the literary work ifthis is created and it is not (\

~ . ."

oommon expression that ind.icates the subject matter ofthe literary work.

d.!ticle (3) The protection shaH also cover those who, under pemlission form the author, have tram~la!ed the literary work into a.nother language and those ,>rho have summo.rized.

amended. or explained such literary work or carried ont any other act that gives such literary works a new shape. The protection prescribed in the previous paragraph does not prejudice the protectiDn of the origina] author oftbe lirerary work.

However. the rights of an author of a photographic literary work shall not entail to prevent other form taking new photographs of the photographed object even ifthese new photograph are taken in the same way and in the same genera! circumstan.ces as the first photographs.

Seconcf§ectjt!.!1. A ulhor's RiC'.!!!l. Fj1'.~t OU!ll!er -Gcnerff!....frevqions I'll"!;d e .f.1.1

The author ~ball have the right to decide the publication ofhis literary work and to -

determine the manner in which the sa:ne shall be published. The author is solely entitled to utiiize his literary work financial1y~n any manner IlJId lhrrd parties may not exercise this right unless under prior written permission for him or his successor

;Ifr:..tf.fle (,21

The. auth()t':-right of utilization include~ the following'

(a)
The reproduction of the literary w6rk in whatever form.
(b)
The presentation of the literary '\>voric to the public through public performance. theatrical performance, radio transmission, TV or cinema show~ or by any other

means.

(c) The translation of the literary work into any other language or iLo; an1endmt::nl... summarization, explanation or modification into any other fonn

Ar!.f..cle @ The aUlno;-shall solely be entilled to have his lilerary work a.ttributed to him, unless the literary work :5 mentioned incidentaliy during 2 radio or TV presentation. The author {)r his plivate or public successor shall have the right to object to or pn:..'Venl. any deletIon.. change, addition or modification to his literary work without his pe.rmISSlon. The modification of a translation or alternation or development of a lueiai)' ",,!or).; into . c\J;ol.her form shaH be excepted [roni the provisions of the previous paragraph i..;nic~:.;

sucb 3n a(;'1 pr~iudices the author's reputation, honor, academic or artistic standing or denigrates the content of the literary work.. and in all cases the translation, altoration or development must contain reference 10 the fact that it is a modification ttl the original

After publjshing his iiterary work The 3.utroT. may not prevent th<: nresentation ('[ perfor manc:e tbc:teof if this type of itct occurs during a private meeting ~hat doe~ no! yield r.ny fmzncral outcome directly O~ inciiTectty

IPINIlIKWTIC/IlRev.l Page 8

Article (8)

. If a per~on reproduces a. copy of a published literary work or translates it or quotes ii-om it modifies it in any other manner fOT hLS personal usc. The author mRy not prevent him from doing "Q. Howevc-r, such a literary work may not be published except under pcrrnission from it5 owner and the author.

Al'ticlt;.JPl

After publishing rns literary worl the author may not prohibit the same analysis and short qllotations from it where the pu;pose thereof is criticism, enlightenment, study or infurmation, provided that the reference to the orif,rinalliterafY work and the author are dearly mentioned.

jrti.cle 001

Newspapers, periodicals, radio, TV and other mass media may use, \vithout tllC author's pe-rmission, articles relating: to the poliIical, economic Of religious discllssioli!; whic1) preoccupy the publish opinion at a specific time as long as the quoted original (loes nor c.o:1tain an explicit provision expressly prohibiting such quotation. \\.'hen a qnotation is cited or published. a reference to the literary work and the author's name must be clearly mentioned.

Article (11)

Newspapers, radio and other mass media may, without the 8.1.ltho(s permission, publish and broadcast by way ofinfonnation, speeches, lectures and discussions given at public sessions of the legislative and administrative chambers and se-ienliiic, literar.y, artistic. political, social and religious !l1eetings and long as these speeches, lectures and discussions are addressed to the pubI\e. Judicial pleadings held in public may also be -published without thp. author's permission.

ViiLhin the limits allowed by lo\.v

:1 r(jcle.1111

. in the oases provided for in the prevlous t\.vo anicles. the author shall hiive also the right to publish COilCCliQns ofhis speeches and anicJes.

tirade, un

The author's heirs are soleJy entitled. TO exercise the rights to flnancialiy utilize a iileriifY work in the manner provided for in th.e law taking the folloWIng into account

(a)
Should the author had entered i:1to a written contract with third parties conc¢rnmg the use of his literary work_. hlS contrR.ct IOU:;:t ot'-execuled in accordance with jtS provision!).
(b)
Should the author have made a "",iIi preventing publication or :specifying ~ dalt thereof or other conditions, his wi!( should be executcci.
(c)
Shouid one author of a joint !iterary work dies and there is no heir or f..'{t;'Culor. his share shall equally pass to the remaining authors unless there ($ a writlen agreement to the c-Ontrary.

1rtide (l4)

Should the heirs or successors of it Kmvalti author do·not. publish a literary wnrk or

republish the same and the Minister of lnformation deems the publication of the litcHlr)'

work is in the publish interest and they fail to publi sh the literary work w!1hin one yeal

of the date th<l minister requests them to do so by registered Jelter with rewrded

delivery, the Minister may obtain an order from the presldent of the Court of First

Instance to have the literary work handed to hlm for publication without prejudice to the

right ofthe author's heirs or successors to lair compensations

,1.rlicie US)

Performing artists such as actors, 51ngers, musicians and others are en.rh.led to have c[

periormance attributed to them in the form in which the performed jt They are also

eTltitled to the financial right to !Jtil tze tnei,' performance whether through presenting

.' . their performance to the public 0, b.:y making available to the pUblic the original recordings or the performance or cClpies thereof or the rental thereof or by making their . proceded perionnance available to the public through radio or computer Radio stations are entitled to the financial rights of a license to use their roc(>rded materials and to prevent any utiliz:ation of their programs without pfior written pcrmis!lion from them.

Arric!e (J 6)

Protection Df [he right of an author of a literary work in a foreign language ilnd the right of rhe trans Ialor of such literary work into another foreign language to the translatic;n of such a literary work into Arabic shaH expire ifthe author or translator did not ex£:rcise his right within five years of the date when !he original or the translated literary work must published. Ho\vever, the Minlster oflnformation may license the translation of a itter?try work im 0 Arabic or the publishing thereof after one year from the date of the original or tran:;laled literary work in first published. In these cases, the author or the one to whorn the

translation rights h('.s passed shall be fairly cOTItper.sated.

-1r!.isJs.P 71

'vV-ithout prejudice co the provisions of the preceding article, the prot(;[~tiot1 ur

author's rights of finance utlIization shait expire:

IPINIIIKWT/C/IlRev.l

Page 10

First: Upon the lapse of fifty years after the ciea.th of the author. This period sha.li b~ cak~Jlated in the case ofjoint literary works as of the date of death of the lfist 5ur.!iving author. specifically al> of the end of the .calendar year in which the death occurs Second: Upcn the lapse of fifty years as of the end ofthe publishing calendar year in which the literary work is published with respect to the following literary works:

(a) Literary works, which are published under an assumed name without "he author-s name unless the author reveal~ his identity during this period eH his troe f!ilm~ becomes known to the public, in which ::ase the said period will t!;qlirf as c~)l1t(t:n\.'zl in fIrst item.

(h)Literat:'y works in which the entitled person thereto is an artificial person

(c)
Cinema liti:rary works, pho'tographic liTerary works, applied arts, c(lmpute~ softI..Viirc' and databases
(d)
Literary works that are published for the first time afler the depth of lhci, aut.hors Third Upon the lapse of fifty years so of the end of the calendar year dll!"i ng whj ch HH; pcrtormanc.c was ma.de in the Ca5e of:l1e actors a.."ld as of the end of the caJenct<H Y'C:.i.r during which the literary work was recorded in case of the producers of cinematic tllm;., records or recordings prepared for TV Dr radio

-Fourth : Upon the Japse of twent:1 yea:-~ il.S of the end of the calendar ~:e(lr v:hen th;; programs were first transmitted in Cl:!.~e bro:~dcasler~

;jec()lUl Chr!l!.!er Provisions RilniinR to e'er/aftl Literarv l£Ofh

If more than one person join together with respect to the composition of a : 11 erary work so that the share of any one ofthern in joint !it~rary work cannot be scparc.u:d O!Jt :fom Inc shares of the others, all the authors shall be considered as ov,,'ners or the l;tentry work in equal sh.ares unless the agree otherwise in ~'1"itjng )n this CBSC,none of thernma.y exercise their rights as authors exce}l~ under the: unanimous agreement of all the JOIn': authors In ,:ase of di~pute_ OI1Iv a Coart () 1-:'-';r·;1 instfmce shall have the right to settle the dispute

Each of the joint authors shall ha\'T the right TO take precClUlionary and $umnlf.:\ proccd~res upon the occurrence of any infringemBltl of the authors~ right~ as well as h,l nie cases for cl aiming his share of a.'1Y cam.pen sation for damages he has incurred ,~s a result of such infringement.

IPINI1IKWT/CI1/Rev.l Page 11

d[ticTU'J 91

Shouid more than one person has cont6buted to the composition of a Literary WOlf;. -:;0 that tne part made by each C<'.n be separated out, each one ofthem shan be entitied I() utilize the part which he has contribut:::ci pro'yidcd that this would Dot affect the lHilil'.alioo of the joint literary work unless they agree otheroiise in writing.

Arris.lef)0).

Wit hout prejudice to the right of the alllhor of the literary part ofthe lyrics of a musical literary work, the author of the musical part shall be solely entitled to license the public performance or the executions, publication or ;-eproduction of the whole Joint literary

work.

The author or ihe literary part shaD have the right to publish his own part. Howe\·er, h~ may not di5p0se of this part as the basis for another musical literary work unless he and the ('omposer of rhe musicallitcrary work agree otherwise in writing.

dr6c1eJ211

In the joint lilel<l.ry work which are performed as movements accompanied by music: ant! ull similar literary works, the designer of the movement shal! be e.ntitlcd to liccn5-e th~ public performance of the whoJe joint. iiterary work or the execution or reproduction

tber~of

The. author of the musical part shall have the right to dispose of this part o:1iy provided that it should not be used for a [iler-ar), work similar to The joim Iiterary worl.: unle!'~ I.huy agree orherwi se in writing.

Tbe following shall be considered as pan-ners in the compilation of Q. cinenllltlc lilcrmv "Vork or a literary work prepared for radio or TV. First: The Author of the scenario or the owner of the written idea ofthe literary work Second: The onc who modified tile literary pan of the literary v,Iork so <15 to nJSKt it iiuitiiblc for such lirerary work, Third. The a;.Jthor of the dialogue Pourth: The music composer jfsuch music (5 made specificaliy for the literary \-yolk Fifth:' The director if he exercised aCHllll control over the literary v,,'o[k and made a

. posrti,'c efTort w"ith respect to the inteliec!Ual aSpeCL'i invoive:d in achieving any ofr\;e-:>f' literary worb; If a cinematic literary work or a litera;-y work prepared for radio Of TV is simplified version of or he.s been derived fraIT'"" another pervious liternry work. the author or this literary work shaH be considered as a partner rn the [Jew literary work

IPINI1IKWT/CI1/Rev.l

Page 12

4rticle illl

The author (if the scenario and the one who adapted the literary work and the 8\1tk)( or l.h~~ dialogue and the director sh!l.ll together have !he right to display !hc movie or lhe jil.erary work prepared for radio or tv despite the objection of the author of the origir,!d literary worh or the music composer, without prc:judice to the rights ofthe. objector

a~sing from his contribution of the compilation

fhe author of the literary or musical pan shall have the right to publrsh his part of the

li1.erary work in another manner unless agreed othe[\~".ise in writing

J.rric;le (24)

If one of the lJarticipants in the compilation ofa musical literary work or 3.1i(cnHY work prepared for radio or TV did net compleJ.e his own paf1 or could not do so bccau5~ (1f c:rcum.')tanoc~ beyond his control, he shan not be entitled to pI event tht other pltrlicipunrs Crom llsing the part which he ha5. already completed:ano he :::n.:::!i be

i

consid.ered the author of the porLion of the pan he has completed and shall have proporlionate rights.

drlicl(' (25)

The producer or a movie literary work or a literary work prepared fOi radio or TV shali

he !he natural or artifici~l person who assumes the complelion thereof or \~Iho assumes responsibility for such completion or who provides the author of the literal\' work With rhe necessary material means for oompletion of the literary work. [n al1 cases, the pi'oducer shall considered as (he publisher of the literary wcrk and $hail have all the publisher's rights.

DUling the period of utilization agreed upon the producer ShEdl be legal representative of the suthor of (he literary work and his successors vvith respect to any agreement on tk showing or utilization thereof without prejudice to the rights of the authors orihe: liter-ary or musical literary works unless agreed oiherw1se in ·writing.

Ar1!cIe (26)

A collective is a literary work that is created by a group under the dj,enions of a natural or juristic person whereby the literary work of each panicipant can neither be separated nor distinguished. The person who directs the creation of this lite;-ary work and organizes it as a complied

1 !tcrary work shaH be soJeJy entitled to exercise rhe author's rights.

·drride.flJl

It the liter3.rv work is innovated reT the aCCQum of a naTural Of juristic peTson. the

autbor's rights shall be attributed to the invcnlor unless an agreement i.n writing

provides otherwise

Page 13

d!1l.f1!fl..§l

Concerning literary works under an assumed name or which do not hear the autho[·~: r.amt'. Ihe publisher whose name is registered on the Iirerary work shall be c0113iderr.d :1,; authoriz.ed by tne author to exerci se his rights as prescribed in this law herein unless the contrary is e5tablished.

ArticfeJJ9}

The person who takes photograph!> is :tot entitled to show, pubTi~b or distribUte lflt' original or copies thereof without the pe1mission of the persons whom he photographs Ul11es!; it i!-> ag('eed otherwise in wrllina

-~.

Thi-; provision shall not be effective iflhe photograph was published in collnection Wilh accidents which took place publicly or which are related to public offrcers or wrtl known public persons or if the publication thereof is permitted hy the public aUlhorjrle~ in the publjc interest. I iowever in such cases, the photograph may not be show'!l or circulated ifsuch an act would impa~r the honor, reputation or dignity of the person who is ihe subje<.:t of (he photograph. The person who is the suhject of the photography may permit publication in newspapers and magazines and other similar publications even ifthe photographer do'.;:;.;

not per!!llt tbi); ulliess a written agrCLlTlent provides otherwise These provisions shall apply to pIcture". whatever the facthod of drawing th<~reor. including drawing. carving or by any ether means.

Third Owpter -Disposa.l o( C(}!:!!pJ!atiQ!!....!!jxht~

ArJ,ide f:}O),

The author may transfer to third parties the utiliza.tion rights prescribed for in the t1,.>/O article (4), sewnd paragraph and (5) h.ereof However, the transfer of one right shall nor empower the transferee to exerci:;c any other rigllts. The: disposal shall be valid only when it 1S in writtng and the right being disposed and it:, extent its objective, and period and place of utilization are clearly· specified. The author shall refrain from any a.ct tnat would materially impair !l~e use of the dlSPO;>cci r1ght. The pmvlsiorts relating to the author's ?ssignment ofthis financial rightS shall apply in accl)[-dance '-'lith provision of this decree-law rdatiDg to performing artist,

IPINIlIKWT/CI1 lRev.1 Page 14

d!!ic:{e ell

The author';, disposal of his rights to the literary work whether wholly or partially may be done on the basis of a proportionate sharing of the revenue!\. re'>ulting from the Htiilzalion or on another basis.

Howe"er, if it is found that the agreement is unfair to the right~ ofEhe amhor \)f rf it becomes so as a result of circumstances occurring after the contract date, the Ci.)ur.., laking the circumstances into account and after baiancing the imeresu; of both partie~ may rule thAt part ofthe net profrt rc!\Ul-ring from utilization nfthe li1crary work be-paid i() the amnor in addition to the agreed amount.

t!itic[ejJlJ..

Each disposal of the rights provided for in the two arLicle (4), first paragraph.. and (6)

h(~re<lrshnli he:: null and void.

.jrtJ.c:le (33) An duthQ(s disposal ofhis total future intellectual output shaH be invalid.

1rtlcle 11.11

Disposal of the title of the sole original copy of a literary work Dfwhateve. type shall not result in the transfer of the author's right in this literary. work. iiowevcL the transferee of the title to this copy !\lay not be obliged to allow the author to reproouct, 0;

pres-ent or sho\'" it unless it is othenl,.Iise agree in writing.

l'he autbor shali solely, if serious reasons anse, request the COU!t offirst insH!!1ce iO withdraw his literary work from circulation or introduce amendments t"herelO despite Iii:; chspnsaJ of this right to financial utilization. In this case, the author shall pay to the on~ w whom the rights offinancial utiHzation have passed a fair compensation which "(l1U~t be paid with.in a time period specified by the court.. otherwise the judgment wil l h~Vl; ;10

effect.

Third Sec.tio.a Procetfurgs am! pC!nalties

Firsr Ch!1Vfer-Proadures 4rlicle.o61

A judge of summary actions in a court of first instance may order, upon a requc$~ from the author or his successor and under an order issued subject to a petirion, the i-ollOlJ.,1IiJi, procedures in respect of ea.ch literary work published or sbov-m without wrTtte-n pcnmsslou from the author or his successor, in ·violation ofthe provisIOns of artide (3)

IP/NIlIKWT/C/IlRev.1

Page 15

Firs!· Detailed description ofthe literary work. Sec(mc1: Suspension of the publication. presentation or manufacturing {)flhc liierary

work

'fhird : Imposition of attachment against. the original literary work or it); copies or th~

rnateriRl used for republishing this literary work. Fourth Arceo rding of the public pertoimanc.e in connection 'with a copyright meludy . acting or presentation of a literary work to the. public and prevention Cit" ihc

c:cmtin:lance of the existing show O! pi·ohibition thereof in the future

Fifth: Calculation of the revenues resUlting from publication or performance by an expert delegated for this task :f necessary and the imposition ofattachment a.gainst such revenues in all cases.

The judge of summary actions 018)· order that an expert be delega.ted to aS~lst the

e~ecution office and order the plaintiff to lodge an appropriate bail. The applicant shall file a case in ~ competent court within the eight days that follow the deljyery of the order. If the case is not flied wlthin this period, all matters connected thereto shall be deemed null and void.

&!..~icl(! (Jll

, Thc; party whose application W2..5 rejected and the one against whom the order W;lS

dcli\'ercd may object to such an order betore the judge concerned and this doe~ nm preclude the fiHing of the onginal case before the COUlt. Objection shall be; made Hsing the ordinary procedures for filing a case Such an objection must bejustified oihl":)'Wi!\C it will be·null <did void.

In !'espect or the complaint, ajtldgmenl s.hall be made to confirm, a.m~nd or canCei the order. A judgment may be made for (he appointment of a re-.ceive:' for the dispured literary work, who shall be responsible for republishing showing, mnnufacwring t)1" reproducing the literary work provided that the revenues arising should b~ lodged in th~ court treasury and the receivership sh8l1 be terminated upon unan.imous agreement or the concerned parties or by the coun';;judgment. The complaint against that order ~hail

not result in the stay of its exe.cutiOTl.

Article {381

The court before which the matter in dispute is filed may upon the request of the a\rtlK!r of his deputy order the destruction of the copies of the literary work whiCh W!!S uTllnwfully published and the materia.}::. used for publishing it, provided that' such materials may not be used for SJlOthei fiterary work or it is !lot p05sibk 10 change rhe

IPINIlIKWT/CIl/Rev.1

Page 16

features D1 the caples ar..d the materials or ma.ke them unusable, at the respoflsible pnriy's expense. However, the court may, if the author's right shall expire after jess [han tVIO Ye.3TS as of the date of the judgment is to be issued, and subject to non-prejudice lu the author's rights as stipulated Tn articles (4) and (5), item C and (01. first paragraph, replace the judgment for destruction or changing the features to a judgment flif wnflrmation of precautionary attachmer:t for satisfying the compensation oTdc::;o in favOr of the author, however, no judgment may be issued for destruction changing the re~tllres, if the filed dispute relates to a translat.ion of some literary work into Arablu in a way that violates the provision of anicle ( 16), first parClgraph. The judgment she:! l he

limited LO confirmation of precautionary attachment of the traoslated literary worK !f1 sl:!ti1ifaction of the compensation adjudged by this court in favour of the author. In ull cases in connection with the deb1 due to him ariSIng form his cntillemcm ll' compensation. the author shan have a 1ien on the nct sale price ofthe items end the mOTley aHRched fOT fulfillment thereof The only lien that shall have plic:rity \JY(,:f the:: said lien is the court costs and nay ex.penses incurred in preserving and me.inlaining >;uch items and in collecting such fitnds.

d!-1if!~f121

The author's rigbt may not be subjccl to attachment but copies of the pubJished lilcrafi' work may be subject to attachment This provision covers literary works whose ().wm:r died before [lubiication thereof unless it is conC!u!\iveJy proved tha.t he intended cU puhlish i1 before this death.

Artifle [4Ql

Buildings m",.Y nDt be :,"Ubject to attac.hment and no judgment m?.y be made fe)r lhe destn:.ction or confiscation thereof with the intention of preserving 1ht: rights I)i' gO C:\n~hitcctural author whose design and drawings may have been un)a...,.rfully utilized

When an infringement occurs agrunst one of an author's rights as slatud herein. lhL: author shall be entitled to compensation.

Second Cltap~g,. -Penalfie§. Article (42)

Any person \.vhn:

a-infringes rhe author'S rights as provided for in articles 4,5,6, first !)al'agraplt and
12 hereof
b-Sells or offers for sale or c.ircuJates or broadcasts to the public in a.ny maImer or
brings in or takes OLlt of the country any imjta:1ed literary work

Page 17

v Disclose Of facilitates the disclosure of computer software bei-ore p~\bljcnli~y, of
the same, or
d-Removes or participates In the removal of a property rights that rCg'J1GlZ':'; or
limits public access to literary work or the performance Of the lran~mis<;i()r. 01
the recorded material.
Shall be liabie to imprisonment for a maximum of one year and a maximum pen3ity 0;

five hundred Kuwaiti dinars or either ofthese two penalties. The coun may order lbt:' confiscation of all tools used for unlawful publishing if such tools are suitahk on), fOJ SLIch publishing as well as the confiscation of all copies The court may aiso order its judgment to be pUblished in one or more news"paper~ a! the. expense of the convicted. Tfthe accused has a previouo conviction tor i)OmmlHing n;le ot the crimJ2s seated herein and it is established that the accused committed one Df thc.sc crimes within five years prior 10 the date of the laLestjudgment, the court may rella!izc him under his crime with a penalty cxcecdlng the duly stipulated n1:lxirnurn limit provided that such increase in the penalty does not e.xceed half the said limit "nd the

court may aho order closure of the establishment used 10 commit the Grime for ~ maximum of ~!-:< mont.hs

Fom1" Pmt Qosing Provisic'!E

jtficle (13) \tYithout prejudice to the provisions ofIne inlemalional conventio!lS effective in the ~ta.te of Ku-V,ii:lit, the provisions of this law shall be operative upon the following: /\ The litera!)i work ofauthors, nationals of State of Kuwait, which are pllblished

at horner abroad fl LIterary works of Arab aULhoT"s of member State in the Arab Agrecme~1l "I' protection of Author's rights, which are pubiished in one of these :.tc~e5.

C. Liter-a.;! works of foreign authors which a.re published for the first time lrJ rh~ State of KuwaIt.

D. Literary works of authors, naTionals of member States in the agreeihent o(""orld

organization of intellectua.l righ!f;, which shall be published for the firs! time. in one oCtncse countries.

1 he; provisions of this law sba.ll b~ effective-as to literary works refeired 10 in lhe previous anicie exi5iing in the operative date. Provided that conceming the calCulation of the period of protection of these !1terary works, the lapsed period sh.oLlld be inchtdecL

IPINIl/KWT/C/IIRev, 1 Page 18

from rne dare of the incident specirying the start of period eff'ecti veness t!1! the date 0 r operating this law,

The provisions of this law shall be effective <tS 10 all incidents and the following

contracts of its effective date, once the same is related to Jiterary works publi~hed 0'(

shown or represenred beforethar cOQ(:eming contracts made before (he efIectivene&s 01' this law, its provisions are not effective, rather, the .same remain subject to !eg2.i provision which were effective at the time of its completion.

~rticle (4.1)

The Minister of information deputizes the necessary employees for the enforcement oj the provisions of this law, These employees are entitled to enter the press, !ibranes publishing leases and public pl.aces which deaJ with the literat y works sllbiec,1 ~" theprovisions of this law to seizure the fad and materials subject matler of vioiaric':ili<lnd making the necessary minutes, the have the right to seek the a.ssistance of policelnen in

performing their tasks when necessary

Co"'cring violations which the ruling may close the facility, the information Mif1!!itel mayor whom he deputizes, to order the closure of the faci1ir.y wherein the violation \""a~ CQmm itted, :il! public prosecution or rhe court gives permission to open it tlr tne a~'don be !Settled

A,.'icl~ (46) The public prosecution shall be held responsible for investigating, acting, lind prosccutlng in all crimes resulttng [wm the implementation ofrbe provisiom ofthi:; law

Aliide (47)

Every text contradictory to the provisions of this raw shall be nullified,

Artid~ (48)

'j he !vfinister of information shall issue the necessary decisions for the imI:lertumtatiof' of [his law, as well, Minister of infomlation shall issue a decision organizipg the :::Y5it:11~ of lodging the literary work and Its procedures., due fees, along with establlshing the

speeial Jegis~er for the entry of acts stated to the literary works subj ec1 to the Drovj::ijon~, ofthis law.

~ticle (491

The Ministers -each ofhis concern, should implement this law.

Amir ofKuwait Jaber Al-Ahmed Al-Sabab.

issued. in baY'<ln pJlacc on 21 Ramadan 1420 H Corresponding to 29 Dec. 1999