Due to the construction boom in the United Arab Emirates, most architects recognize that architectural works are afforded some copyright protection and raise certain questions regarding ownership of the copyright, the benefits of registering the work, protection of their work, etc

Architectural works and designs, engineering plans and layout are protected by Federal Law Number 7 of the year 2002 concerning copyrights and neighboring rights (the Copyright Law) from the moment they are created.

The Copyright Law protects the rights though it is not clear in relation to the ownership of the drawing and does not define clearly what is "work for hire". Generally speaking, however, architects (as authors) are the owners of their drawings as they are the creators of the work unless there is a written agreement to the contrary. Hence, contracts could change this general rule by transferring the economic ownership of the copyright to the drawings. Further, employment agreements between architects and their firms may specify the ownership of copyrights. Hence, architects, architectural companies and clients are recommended to seek legal advice on this subject to identify the ownership of their works.

The Copyright Law offers automatic protection to authors from the moment of creation of the work. Non-registration of the work does not prejudice any of the protection or the rights. However, it is recommended to register the architectural work with the Ministry of Economy. Registration of the architectural work affords copyright owners advantages, including that a registration simplified evidence in a copyright infringement lawsuit as a proof of the creation. An application along with the drawings could be filed and an ownership certificate obtained in short time.

The owner of a copyright in an architectural work can prevent anyone else from copying his designs. Hence, an infringement action before a civil court can be undertaken. The Copyright Law also provides criminal remedies for infringement of copyright in the form of fines and/or imprisonment.

Lara Ababneh

Al Tamimi & Company
Dubai International Financial Centre
6th Floor, Building 4 East
Sheikh Zayed Road, Dubai
United Arab Emirates
Tel: +971 4 364 1641
Fax: +971 4 364 1777
info@tamimi.com 
www.tamimi.com