- IMPLEMENTING REGULATIONS of Copyright Law Issued by The Minister of Culture and Information's decision No. (1688/1) dated 10/04/1425H (29 May 2004) and amended by His Excellency's decision No. (1640) dated15/05/1426H (22 June 2005) Unofficial Translation
- Article 1: Definitions
- Chapter One - Protected Works and the Rights of Public Performance
- Article 2: Protected Works
- Article 3: Folklore
- Article 4: Provisions Governing Circulation of Documents
- Article 5: Rights of Acting and Public Performance
- Article 6: Right of Tracing
- Article 7: Protection of Performers, Producers of Sound Recordings,and Broadcasting Organizations
- Article 8: Claiming Rights
- Article 9: Rental Rights
- Article 10: Protection of Data Bases
- Chapter Two - Violations and Procedures of Detection
- Section One - Violations and Liability for Copyright Infringement
- Article 11: Infringement Liability
- Article 12: Infringement of Literary Works
- Article 13: Infringement of Audio, Visual and Broadcasting Works
- Article 14: Infringement of Rights of Performance
- Article 15: Decoding of Electronic Equipment
- Article 16: Infringement of Computer Programs
- Article 17: Liability of Maintenance Centers
- Section Two - Procedures of Detection and Investigation of Violations
- Article 18: Detection of Violations
- Article 19: Procedures of Detection and Inspection
- Article 20: Detection Tasks
- Article 21: Analysis of Evidence
- Article 22: Report of Evidence Analysis
- Article 23: Investigation of Violations
- Article 24: The Right to Claim Compensation
- Article 25: Procedures and Rules of the Violation Review Committee
- Article 26: Restrictions on the Execution of Punishments
- Section Three - Protective Seizure
- Section One - Violations and Liability for Copyright Infringement
- Chapter Three - General Provisions
IMPLEMENTING REGULATIONS
of Copyright Law
Issued by
The Minister of Culture and Information's decision no. (1688/1) dated 10/04/1425H (29 May 2004)
and amended by
His Excellency's decision no. (1640) dated
15/05/1426H (22 June 2005)
Unofficial Translation
Article 1: Definitions
The following words and phrases, whenever mentioned in the articles of these Regulations, shall have the meanings stated next to them:
(1) Proprietary right of the author: Aggregate material and immaterial interests vested in the person to his work.
(2) Author: Every person who innovates by his own effort, any of the literary, artistic or scientific works such as the man of letters, the poet, the painter or the musician or any other artist, according to the form of expression.
(3) Innovation: The personal style displayed by the author in his work, which makes the work distinctive and novel and presents the work through the elements of the concept displayed or the method employed to present the concept.
(4) Infringement of copyright: Any use of the work unauthorized by the copyright owner and conflicting with the instructions of usage determined by the copyright owner, or committing one or more of the violations provided for in the Law and these Regulations.
(5) Work: It is the literary, scientific or artistic production irrespective of its type, importance, form of expression or purpose.
(6) Literary works: Works which are expressed in words whatever their content may be, whether written or oral.
(7) Artistic works: Works which appeal to the sense of beauty of the public, such as painting, coloring, movement, sound, picture, viewing or music.
(8) Performers: Actors, players of musical instruments, singers, dancers, reciters and others who perform an artistic activity of other literary or artistic works in one way or another.
(9) Publication: Transmittance or communication of the work directly or indirectly to the public or making copies or photo copies of it or of any part of it which may be read, viewed, listened to or performed.
(10) Producer: A natural or corporate person who undertakes to transform the artistic, audio or audio-visual work into a material means for the purpose of displaying it to the public under its financial responsibility.
(11) The Law: Copyright Law.
(12) Regulations: The implementing regulations of the Copyright Law.
(13) General Department of Copyright: The competent department in the Ministry which exercises the powers granted to the Ministry by the provisions of the Law and these Regulations, including the technical and administrative tasks necessary for implementing their provisions.
(14) Ministry: Ministry of Culture and Information.
(15) Minister: Minister of Culture and Information.
Chapter One
Protected Works and the Rights of Public Performance
Article 2: Protected Works
A- The Following shall be among the protected works: 7- News Reports. Daily News Facts are excluded of this protection.
Article 3: Folklore
Article 4: Provisions Governing Circulation of Documents
Authors shall observe the provisions governing circulation of official documents issued in the Kingdom and shall obtain official approvals for their publication or translation, including the provisions of laws, regulations, judicial judgments and decisions of administrative agencies.
Article 5: Rights of Acting and Public Performance
Authors of dramatic works, musicals and musical works or their representatives shall have the right to authorize the following:
Article 6: Right of Tracing
Authors of original plastic art and of original musical manuscripts shall have the right to share by a percentage in the returns of any sale transaction of these works, even if they have assigned the ownership of the original copy of their works. This shall not apply to works of architecture nor to works of applied art.
Article 7: Protection of Performers, Producers of Sound Recordings,
and Broadcasting Organizations
First: Performers and Producers of Sound Recordings
Performers and producers of sound recordings shall enjoy the exclusive right to authorize the following: Broadcasting organizations shall have the right to prohibit any of the following acts if undertaken without their authorization:
Article 8: Claiming Rights
Article 9: Rental Rights
Copyright owners may rent them in the Kingdom in coordination with the Ministry, upon obtaining its prior approval and its taking the necessary precautions, such as:
Article 10: Protection of Data Bases
The original data bases shall be protected by reason of the selection and arrangement of their contents as intellectual creations. This protection shall not extend to the data or the materials themselves.
Chapter Two
Violations and Procedures of Detection
Section One
Violations and Liability for Copyright Infringement
Article 11: Infringement Liability
First: Any person who obtains an original copy of any intellectual work and exploits it by means of renting, adaptation or permitting others to copy or reproduce it or any other acts which affect or obstruct the author from exercising his rights shall be deemed to have infringed the Copyright.
Second: Firms shall be deemed liable for any violations committed by an employee against any intellectual work if their knowledge or negligence is established, such as keeping forged or copied computer programs, audio or visual tapes, or conducting maintenance on an electronic equipment loaded with forged programs, decoded or similar works.
Third: Anyone who reproduces, sells, imports, exports, transports, publishes or rents protected works with knowledge of the violation shall be deemed to be committing an infringement of copyright and in violation of the provisions of the Law and these Regulations.
Article 12: Infringement of Literary Works
First: It shall be deemed within the scope of personal use any use of intellectual works for personal use only, such as reproducing the work for the purpose of preserving the original copy, for writing on the reproduced copy, for translating some paragraphs or writing comments expressing personal opinion. Any use beyond these purposes shall not be deemed personal use.