FEDERAL DECREE LAW NO. 38 OF 2021
ON COPYRIGHTS & NEIGHBOURING RIGHTS

HIGHLIGHTS OF LAW NO. 38 OF 2021 ON COPYRIGHTS & NEIGHBOURING RIGHTS

This Law seeks to safeguard writers and creators of unique intellectual and creative works in a variety of fields. It immediately contributes to the support of the digital economy and the alignment of the new Law with local and global digital trends.

The new Law’s provisions provide a stimulating environment for creators, inventors, and authors of intellectual works in conventional and emerging creative disciplines, enhancing the UAE’s position as a global destination for creativity, innovation, and talent.

The following headings split the material and should provide a concise overview of the new law:

• Scope of Protection
• Moral Rights covered by Copyright
• The Assignment/Disposal of Future Copyright
• Exceptions to the Default Rule related to Ownership of the Copyright Work
• The Default Ownership of Copyright in Architectural Designs
• Protecting the privacy of Photography and Audio/Visual Recordings Subjects
• Fair use. New Exceptions or Limitations to Copyright Protection
• Copyright protection- Exceptions for Disabled Users and entitlement to fair use
• The Neighbouring Rights
• Grievances Committee
• Increased Sanctions and Penalties for Copyright Infringement
• Other Miscellaneous and worth mentioning changes

ISSUER OF LAW NO. 38 OF 2021 ON COPYRIGHTS & NEIGHBOURING RIGHTS

In the UAE, the issuer and governing authority for intellectual property rights, including copyrights and neighboring rights, is the UAE Ministry of Economy (MOE). The MOE is responsible for regulating and enforcing intellectual property laws and rights in the UAE.

WHO IS SUBJECT TO THE ‘COPYRIGHTS & NEIGHBOURING RIGHTS LAW’?

The “Copyrights and Neighbouring Rights Law” in the UAE applies to a broad range of individuals and entities involved in various forms of creative and intellectual endeavours. Here are the main groups subject to this law:

• Individuals who create original literary, artistic, musical, and related works
• Copyright holders, which may include creators or individuals or entities to whom copyright has been transferred.
• Entities involved in publishing, distributing, or disseminating copyrighted works, such as publishing houses, media companies, and distributors.
• Broadcasting organisations and performers, such as musicians, actors, and singers.
• Individuals and entities that use copyrighted works, such as consumers, businesses, and organisations.
• The UAE government and relevant regulatory authorities.