The United Arab Emirates (UAE) has recently implemented a new Federal Law No. 38 of 2021 on Copyright and neighboring Rights, replacing the previous Federal Law No. 7 of 2002. This important update is designed to provide clarification on various aspects of intellectual property (IP) regulations in the UAE, taking into consideration emerging IP categories and data landscapes. The implications of this new law are far-reaching for businesses, encompassing areas such as photographs, architectural plans, virtual art, “work for hire,” and the concept of “fair use.”
Key Highlights of the New UAE Copyright Law
Assignment of Future Copyright Works
- Old: Limited to assigning up to five future copyright works.
- New: Anticipated to expand the number of assignable future works, with specifics to be determined in implementing regulations.
Punishments and Penalties
- Old: Violations incurred penalties of AED 50,000.
- New: Penalties for violating authors’ rights have doubled to AED 100,000.
Ownership of Architectural Copyright
- Old: Original creators held copyright in architectural designs.
- New: Ownership of architectural design copyright now rests with the property owner.
Reproduction of Copyrighted Works
- Old: No “fair use” concept.
- New: Allows reproduction in certain circumstances, such as personal use, legal transmission, and more.
Role of the Ministry of Economy
The Ministry of Economy plays a pivotal role in implementing the new copyright law, including protecting software-related entities, managing rights when copyright holders have no heirs, and establishing “The Grievances Committee for Copyrights & Neighboring Rights.
