Laws Restricting Copyright Infringement

A copyright right infringement is the use of work done by the original owner without legal permission granted to use such work. It can be anything from books, songs, novels, etc. the advancement in technology has proved to be challenging to protect such work especially if the content is fully on the internet. The major protection issue is faced by cyber hackers which use the platform iCloud rather than saving data on a hard drive. For this given reason it is mandatory to follow the guidelines to protect yourself against copyright by using a high cybersecurity system and measures set by registering the material that needs to be copyright reserved with the government.

Copyright Guidelines under Federal Law Number 7 of 2002

The intellectual work of any original owner in the description regardless of its form and purpose is protected under copyright law. Some of the work mentioned in law comprises of 

  1. Records, booklets, articles, and other works,
  2. Processor software, files, and similar works are defined in a decision to be issued by the Minister of Economy
  3. Talks, dialogues, sermons, and other works of similar nature,
  4. Theatres, musicals, and dramas,
  5. musicals that are not attended by dialogue,
  6. Auditory and filmed works,
  7. Architectural work and architectural plans and drawings,
  8. Drawings, paintings, sculptures, lithographs, screen printing, reliefs, diaglyph prints, and other similar works of fine art,
  9. Photographic work, 
  10. Works of practical art and plastic art,
  11. Charts, maps, plans, 3-D modeling for geographical and geographical applications and architectural designs, etc.,
  12. Unoriginal works, are subject to the protections afforded to the works upon which they are based.

The protection shall range to the title of the work created, as well as the creative concept invented for broadcast material. To register any intellectual work in UAE, it needs to be done through an authorized authority in UAE which is the ministry of economy. An online application needs to be submitted through the ministry website. The time, the copyright holder is protected under federal law number 7 of 2002 is for a duration of 50 years beginning from the first day of the calendar year until his death. Likewise, economic rights will expire 25 years from the first publication based on the first day of application.

Copyright Infringement in Different Sectors

Copyright infringement is also known as piracy of original owners’ work who is authorized by law, and whose work can only be obtained with due authorization. The copyright holder can limit the use of his work limited to demo, replicate, allot or make derivative works. The copyright holder is the legal owner of material concerning its publication or enterprise. Nevertheless, the original owner of the copyright should be updated with the current requirements in terms of technical and legal support to protect himself from any infringements.

The first step in UAE with regards to copyright issues usually starts with amicably settling down with negotiation by meetings set and if that doesn’t work out then the owner can use civil court procedure as a substitute. This is in terms of small disputes and if the scale of infringement is at large that involving forging can also lead to criminal proceedings against the one who has infringed. While UAE is flexible and give less significance towards infringement that is based online like coping the songs, or author publication but if the infringement leads indirectly which comprises of software supplier, service provider and one who helps other individuals with copyright infringements can face major penalties in UAE under federal Law number 7 of 1992.

How does the violation of copyright infringement happen in UAE?

Copyright infringement in UAE is usually correlated with piracy and stealing. Piracy is an act that involves the unlawful spreading, copying, and selling of the original owner’s work. The individual involved in copyright infringement can also be regarded as theft in UAE. Nevertheless, copyright infringement in UAE is not stealing of one’s possession rather it is exclusive enjoyment of the original owner‘s right to use his work.

There are many ways copyright infringement can take place.  Peer-to-peer or torrent is the most used method for copyright infringement. The U.S case of BMG v. Cohis illustrates that peer-to-peer infringement can be challenging especially in the meaning of data terms presented online due to which the case was rejected for hearing and had to be settled down between the parties. The type of infringement happens on a large scale since the content is accessible to the public in general. The presence of a virtual proxy network makes it hard to track the infringement taking place. For this reason, the content can be found on torrents for free for example movies, songs, or video games regardless of the content of torrent in UAE is prohibited. As per the case of Capitol Records v. ReDigi where the U.S court of Appeals passed a judgment that even if the imitation of work done does not replicate exactly to the original material it will still be an infringement of copyright. Therefore, ReDigi’s fair defense was rejected and ReDigi’s MP files violated copyright infringement.

Photocopying is another method of copyright infringement that Is usually seen with books that are photocopied and sold at a lower rate.  The place that usually runs this type of infringement involves printing stationery where educational sector books are photocopied in large demands limiting the sale of original textbooks in the market. However, the educational sector is permitted with a certain limit to make a copy of a textbook but this does not involve half of the whole textbook which will again be under copyright infringement. Another case of Cambridge University Press v. Albert where violation with regards to the e-reserve system. The U.S court held that the lower court has misinterpreted the fair test rule and held in favor of the defendant stating the cost of license permits the limit to copyright and therefore the use of the material is fair. 

 Another form of copyright infringement is graphic images or secured text in work accessible to the public. The law permits the use of text work to a limited extent if the source of material used is provided through a bibliography or as in a form of quotation to explain the original owner’s style of content. Attributing the source to the author can minimize the risk of copyright infringement but this can change according to the situation of the case. The term of the publisher to its standards to protect the author can be considered. The Goldman v. Breitbart case is a great example of a U.S case where the image taken by a third party and uploaded on Twitter was held in violation of copyright with regards to the owner’s exclusive display right.

Unlawful downloading of copyright works can violate copyright infringement. This mostly includes videos or music available for private use but if used for selling, distributing without authorization can be infringement. The profit or gain is not considered here concerning infringement. Any images, text or banner used that include copyright material for advertisement violates copyright infringement. In UAE the copyright applies to various sectors of business, institutions, and organizations. As per Article 38 of Federal Law Number 7 of 2002 if the organization imitates other organizations there can be serious legal action including imprisonment and fine. Therefore, it is important to know the laws of copyright infringement that can protect from Unlawful Copying, Unlawful Distribution of copies for free or for a price, Unlawful Lending and renting of copies, Unlawful public presentation, and unlawful version of the work.