Saudi Arabia's copyright system: perpetual protection and a fine of one million riyals
In a move aimed at strengthening the legislative environment for creativity and innovation in the Kingdom of Saudi Arabia, the Council of Ministers approved the updated Copyright Law, which keeps pace with the rapid developments in the fields of intellectual property and digital publishing. This law represents a qualitative leap in the protection of intellectual property, establishing new legal concepts that guarantee the rights of creators and increase penalties for infringers, in line with the objectives of the Kingdom's Vision 2030 to build a strong knowledge-based economy.
Context of promoting intellectual property
The adoption of this system comes at a time when the Kingdom is witnessing unprecedented cultural, artistic, and technological activity, necessitating a robust legal framework to protect the rights of authors and creators. Relevant authorities, foremost among them the Saudi Authority for Intellectual Property, are working to close legal loopholes that could be exploited for content piracy or infringement of literary and financial rights, thereby strengthening the confidence of local and international investors and creators in the Saudi market.
Perpetual moral and financial rights
One of the most prominent aspects of the new system is the affirmation that authors possess "perpetual" moral rights that cannot be waived or extinguished by prescription. This means that the author's right to have their work attributed to them and to reject any distortion that harms the reputation of their work remains valid and continuous even after their death, and the protection of these rights passes to their heirs. Conversely, the system defines the financial rights that grant the author exclusive authority to commercially exploit their work, whether through copying, translation, rental, or digital broadcasting, while stipulating the existence of clear and written contracts when dealing with production and publishing institutions.
Scope of protection and exceptions
The umbrella of protection encompassed a wide range of works, from books and literary works to computer software and applications, and even fine art and engineering plans. To ensure a balance between copyright and the public interest, the system excluded abstract ideas, procedures, mathematical facts, official documents, and daily news from protection, unless their presentation was innovative.
Deterrent penalties for violators
To ensure compliance with the regulations, penalties have been significantly increased to deter any attempts at infringement. The regulations stipulate a prison sentence of up to one year and/or a fine of up to one million Saudi riyals for anyone who exploits protected rights without authorization, claims ownership of work that does not belong to them, or circumvents technical protection measures. The regulations also emphasize the principle of doubling the penalty in cases of recidivism, reflecting the legislator's seriousness in protecting rights.
Time protection extensions
The system details the protection periods for financial rights, which last for the author's lifetime and for 50 years after their death. In the case of joint works, the period is calculated from the death of the last living author. Works belonging to legal entities or anonymous authors enjoy protection for 50 years from the date of publication, while the system sets a 25-year protection period for applied arts, 20 years for broadcasting organizations, and 50 years for sound recordings, thus providing a safe and stable environment for investment in the creative industries.
