Intellectual property rights confer to creators for their intellectual works. They often provide the creator an exclusive permission to utilize his or her work for a certain time period. If the intellectual property system is to make the intended positive contribution to economic and social welfare, it is critical to have the tools in place to ensure that IP rights are guaranteed in an accurate, timely, and accessible manner, while also taking into account the legitimate interests of others.
What is Copyright?
Copyright protects the rights of authors of any literary, dramatic, musical, or artistic work, as well as to the producers of cinematograph films and sound recordings. Additionally, copyright holders have some unique rights that enable them to use their work without interference and to protect it from infringement. Copyright encompasses a number of different rights, including reproduction, public communication, adaptation, and translation. The copyrights of the Author of work are protected for the duration of his life plus 50 years after the death of author.
Additionally, Copyrights includes the rights of performers (e.g., actors, singers, and musicians), producers of phonograms (sound recordings), and broadcasting organizations are protected by copyright and related (occasionally referred to as "neighboring") rights. The primary societal objective of copyright and associated rights protection is to promote and reward creative activity.
Copyright Law in UAE
In the United Arab Emirates (U.A.E.), Copyright is protected under Federal Law No. 7 of 2002 (concerning Copyrights and Neighboring Rights ("Copyright law").
Copyright Infringement: Meaning
Anyone who engages in an activity that the copyright owner alone is permitted to do or prohibit without the prior authorization of the copyright owner is said to have violated the owner's copyright, and such an act amounts to copyright infringement.
Acts amounts to Copyright Infringement
Whoever does any of the following actions is responsible for violation of copyright:
- Violation of provisions of Copyright Law and rights of Authors Violates legislation requirements to protect intellectual property rights and associated regulations, namely any moral or economic copyright or similar right.
- Online publication of protected copyright work without consent Publish a copyrighted work accessible to the public through computer networks, the Internet, information networks, communication networks, or any other means without the author's prior written permission.
- To sell, rent or circulate copyrighted work without the consent. Without the prior written permission of the author or the owner of the relevant right, selling, renting or circulating, in any form, a copyrighted work.
- To reproduce or import for sale or circulating pirated copies of copyrighted work. Unlawfully reproducing or importing for sale, rental, or circulating any pirated copies.
- Install any computer software without the consent of the owner Installs or keeps a copy of computer software, a program, or a database on a computer without obtaining a license from the author, the copyright holder, or their successors.
Ways to enforce Copyright Infringement
Enforcing copyright and related rights is primarily the responsibility of the right owner. It is up to you to determine whether your rights have been violated and what enforcement measures should be taken. The following are some measures that help to combat copyright infringement:
- Ask Copyright Attorney
A copyright attorney or law firm may advise you on your legal choices and assist you in determining if, when, how, and what legal action to take against infringers, as well as how to resolve any such issue via litigation or other means. Ascertain that any such choice aligns with your business’s broader strategy and goals.
- Cease and Desist letter
If you believe there is a violation of your copyright. In that case, you may begin by writing a letter (referred to as a “cease and desist letter”) to the accused infringer, notifying the infringer of the possibility of a dispute. It is prudent to obtain the assistance of a lawyer while writing this letter.
- Takedown Notice in case of Online Infringement of Copyright
The best option to report an online infringement is to send a specific cease and desist letter known as a takedown notice to an Internet Service Provider (ISP). This notification includes a request that infringing content be removed from the website or restricted access to it. As a result, the ISP notifies its customers of the alleged Infringement, thus facilitating settlement.
- Legal Proceedings
Legal action against an infringement recommended if the following conditions fulfilled:
- you can establish ownership in copyrighted work;
- you may show that your rights have been infringed; and
- The benefit of winning the case exceeds the expenses of the legal action.
Remedies available to Copyright Owner
Civil Remedies (Article 34 of the Copyright Law):
The Court of First Instance may require the following measures to be done concerning a published work or exhibited without the author's or his successors' written permission:
- Put a restriction on publishing, displaying or producing work.
- Pass order of attachment of the original work or copies thereof (books, photos, drawings, shows, photographs, sound recordings, materials for broadcast, etc.)
- The Court shall also make an order for the attachment, if intended to republish the work, of material utilized in the republication or reproduction of the work.
Criminal Remedies (Article 37-39):
- Any person guilty of any of the acts of copyright infringement (as mentioned above) shall be punished with imprisonment for a minimum term of two months and/or a fine varying from 10,000 to 50,000 Dirham. Nevertheless, the sanction can be higher in specific cases of infringement.
- The Court may pass an order of Seizure of the original and pirated copies.
- The Court may pass an order for the Seizure and destruction of infringing goods, as well as the equipment and devices used to perpetrate the infringement.
Why to choose HHS Lawyers and Legal Consultants for Copyright Enforcement in UAE
HHS Lawyers & Legal Consultants consist of specialized IP professionals who can assist you in removing the infringing material alleged to have been published on the infringer's Website with the help of Takedown notice. Apart from this, HHS Lawyers and Legal Consultants also provide you with other legal services relating to copyright enforcement, such as:
- To perform periodic inspections as part of its vigilance against copyright infringement,
- To seize and destroy all counterfeited copies with the help of the police force and
- To assist the client in filing a copyright infringement complaint against the infringer.
Please do not hesitate to contact us if you need any legal assistance with your legal issues.