A historic step to boost creativity: Saudi Arabia approves new copyright law
In a significant legislative step aimed at fostering a creative environment and protecting intellectual property, the Saudi Cabinet approved the updated Copyright Law. This law establishes comprehensive protection for intellectual and creative output, clearly defines the moral and financial rights of authors, and imposes strict and deterrent penalties on anyone who infringes upon these rights, including imprisonment and fines that may reach one million Saudi riyals.
A legislative framework that aligns with Vision 2030
The adoption of this updated system comes as part of the Kingdom of Saudi Arabia’s ongoing efforts to develop its legislative framework in line with the goals of Vision 2030. The Vision aims to build a prosperous and diversified knowledge-based and innovation-driven economy, which requires a robust legal framework that protects the rights of creators and innovators across various fields, from literature and the arts to software and technology. This update also reinforces the Kingdom’s commitment to international intellectual property agreements, such as the Berne Convention, and solidifies its position as an attractive environment for investment in the creative and digital industries.
Key features of the new system: perpetual intellectual property rights and comprehensive economic protection
The new system provides a clear definition for both "author" and "work." An author is defined as the person who creates the work, while a work encompasses any original creation in the fields of literature, art, or science. A key feature of the system is the affirmation that the author's moral rights are perpetual, inalienable, and imprescriptible. These rights include the right to have their work attributed to them and the right to object to any distortion or alteration that may harm their reputation or standing. These moral rights pass to their heirs upon their death.
In addition, the system grants the author exclusive financial rights, authorizing them to license the exploitation of their work in all ways, such as copying, translation, commercial rental, public performance, broadcasting, and making it available to the public via digital media. Protection encompasses a wide range of works, including books, articles, plays, audiovisual works, music, computer programs and applications, databases, architectural designs, and maps.
Deterrent penalties for violators: imprisonment and fines to protect creators
To ensure effective protection, the new system has increased penalties for violators. It stipulates that anyone who infringes on protected rights will be punished with imprisonment for up to one year, a fine not exceeding one million riyals, or one of these two penalties. Violations include the commercial exploitation of works without written permission from the rights holders, claiming ownership of a work that does not belong to them, or circumventing the technical protection measures used by authors to safeguard their works. The system also stipulates doubling the maximum penalty for repeat offenses, reflecting the legislator's seriousness in combating piracy and intellectual property violations.
The importance and expected effects of the new system
At the local level
The new system is expected to encourage Saudi authors and creators to increase their intellectual output, as they will feel secure in their legal rights and that these rights are protected. It will also foster the growth of creative industries such as publishing, film and music production, and software development, contributing to the diversification of national income sources and the creation of new job opportunities.
At the regional and international levels
This progressive legislation reinforces the Kingdom's position as a leading regional hub for intellectual property protection. This will attract further foreign investment in the creative and technological sectors, as major international companies will feel confident that their investments and intellectual property will be protected under Saudi law, thus supporting cultural and knowledge exchange and enhancing the Kingdom's competitiveness on the international stage.
