The UAE acceded to the WIPO Copyright Treaty (1996) on July 14 2004, and to the WIPO Performances and Phonograms Treaty (1996) on June 9 2005. Being conscious of its international obligations regarding the protection of copyright and related rights in the digital context in the light of these treaties, the UAE amended its Federal Copyright & Related Rights Law No 7 of 2002 (CL 7/2002), through the Amendment Law No 32 of 2006. This amending law has led to a comprehensive protection regime against the infringement of copyrights and related rights in the digital context. The main points of this regime are:
- an author or copyright holder, among other things, has the exclusive right to license the use of the work, through any means, particularly reproduction including electronic loading and storage, any form of representation, broadcasting or re-broadcasting, public performance or broadcasting, translation, modification, alteration, leasing, lending or any form of publication including access through computer or information networks, communication networks or other means;
- a performer, in exercising his/her economic rights, also has the right to prohibit unauthorised recording of his/her live performance on a device or renting out of the performance with the intention of receiving commercial consideration, or broadcasting the performance or presenting it in any form;
- a phonogram producer enjoys the right to: (1) prohibit any unauthorized reproduction, renting out, broadcasting, re-broadcasting or presentation of the performance via computer or other means; and (2) publish his or her recordings by wireless or non-wireless means, via computer or other means;
- a broadcasting organisation has the right to prohibit recording or copying of its programs or reproducing, renting out or re-broadcasting the broadcasting organisation's material or communicating them to the public by any means whatsoever;
- the possibility of a jail term of at least two months and/or a fine between $2,725 and $13,625 for infringement of the moral or economic rights of an author or related rights holder even if such infringement is by way of computer, the internet, information systems, communications networks or other ways and means; and
- the possibility of a jail term of at least three months and/or a fine between $13,625 and $136,240 against infringements by means specifically designed or adapted to circumvent forms of copy-protection, such as unjustifiable delay or damage to any copy-protection or electronic information that regulates or manages the protected rights or unlicensed loading or storage on to a computer of a copy of any computer software, application or database.
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| Faisal Daudpota |
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
