COPYRIGHT AND ITS PROCEDURE IN UAE

INTRODUCTION

Copyright is a legal protection that applies to various creative works, safeguarding them against unauthorized reproduction or theft. It covers a broad range of works including written materials such as articles, books, and pamphlets; computer programs, applications, and databases; performative works like lectures, speeches, and sermons; theatrical works such as music compositions and performances; audio, and visual, and audio-visual works; architectural designs, engineering plans, and drawings; fine arts such as sculptures, engravings, and lithography; photographic works; plastic arts, and a wide variety of other works, including illustrations, sketches, 3D models, and maps.

RIGHTS PROTECTED UNDER COPYRIGHT

There are two kinds of rights protected by copyright:

1. Economic rights – Copyright laws permit the owner of a work to receive financial compensation from others who use their work. The laws give the owner the economic right to allow or prohibit certain uses of the work, and to franchise, license or manage the work collectively and earn remuneration for it.

The economic rights include:

• Right to reproduction in different forms like sound recording or printed publication
• Right to importation control
• Right to rental authorization
• Right to set exceptions or limitations
• Right to equality in remuneration
• Right to any legal commercial use, distribution, and transfer

2. Moral rights Intellectual property rights protect the inherent rights of the owner or originator of a work. In addition to economic interests, it also protects the non-economic interests of the author, which are known as moral rights. These moral rights include the right of paternity, which ensures that the author is recognized as the creator of the work, integrity rights that protect the author's reputation from harm, and distorted reproduction rights, which allow the author to oppose any changes made to the work Copyrights grant the owner the exclusive right to reproduce, distribute, and publicly perform or display the work, as well as create derivative works.

.

COPYRIGHT REGISTRATION PROCEDURE

If you're looking to apply for a copyright in the UAE, here's a general process outline that you can follow:

Determine Eligibility:

Copyright protection in the UAE covers a wide range of works, including literary works such as articles and books; fine arts like musical shows, paintings, sculptures, and architectural designs; audio, visual, or audiovisual works; engineering drawings and layouts; computer programs and applications as approved by a ministerial decision; lectures, sermons, speeches; drawings including lines and colours; engravings, lithography, printed work on textiles, wood, and metals; photographic and analogous works; works of applied and plastic arts; illustrative works, geographical maps, sketches, and three-dimensional (3D) works on geography, topography, or architecture. Additionally, it includes any form of derivative works as long as they are not infringing on the copyrighted work, which is the source of such derivative work.

Application Submission And Its Duration:

In the UAE, the Ministry of Economy (MoE) is responsible for registering intellectual works. A work can be copyrighted if it is an original creation and not plagiarized, and if it is communicated in a tangible form. Copyright registration can be done through three competent authorities: the copyright department in the MoE, the Dubai Copyright Office (which is the official representation of the International Online Copyright Office INTEROCO in the European Union), or the United States (U.S.) Copyright Office.

When applying for registration at the copyright department of MoE, the registration process can take anywhere from one to three months to complete. On the other hand, the registration process can be completed within ten days at the Dubai Copyright Office. If applying for registration at the U.S. Copyright Office, it must be done via post and can take anywhere from six to twelve months to be completed.

Required Documents:

Prepare the necessary documents including application form, details about the work being registered, copies of the work (if applicable), and authorship and ownership information.

Fees Review and Processing:

Be sure to take note of any fees that may be associated with the registration process. The fees charged may vary depending on the type of work and other factors related to the copyrighted material. Once you submit your application to the copyright office, they will review it and may request additional information if necessary. Only after this review process will the office either accept or reject the application for the copyrighted work.

Certificate Issuance:

Receiving a certificate of copyright registration may be possible if your application is successful. It's worth noting that in the UAE, copyright protection is typically automatic once a work is created. Registering your copyright is not necessary for protection, but it can be useful as evidence if a legal dispute arises.

ADVANTAGES AND DISADVANTAGES OF COPYRIGHT

ADVANTAGES

Legal evidence:

If you are a creator, artist, or inventor, it is essential to protect your intellectual property from potential infringement. One way to do this is to obtain a registered copyright, which provides legal evidence that your work is protected. By doing so, you will have the right to take legal action against anyone who attempts to use, copy, or sell your work or idea without your permission.

A registered copyright will also grant you exclusive rights to use and distribute your work, and it will help to establish your ownership of the intellectual property. This means that you can prevent others from profiting from your hard work, and you can seek damages if someone does infringe upon your rights.

Overall, obtaining a registered copyright is an important step to protect your creative and intellectual contributions, and it can provide you with peace of mind knowing that your work is legally protected.

Public notice:

Copyright registration provides several benefits to creators. One of the most crucial benefits is that it establishes documentation of your work under your name, which acts as evidence of your ownership. This proof of ownership is essential in case of any legal disputes. It also serves as a powerful tool for protecting your intellectual property rights.

Additionally, copyright registration promotes your name and work in the public domain. Many copyright registration offices maintain databases of registered works that are accessible to the public. This helps potential customers and collaborators find your work and contact you for potential opportunities.

Overall, copyright registration is a vital step for creators to protect their work and promote their name in the industry.

Seeking Damages:

When you register your copyright, you gain the legal right to take legal action against anyone who infringes on your rights as the owner of the copyrighted material. This can include the right to claim statutory damages, which are predetermined amounts of damages awarded by a court, even if the actual damages suffered are difficult to prove. Additionally, you may be entitled to recover your attorneys' fees, which can help offset the financial burden of pursuing legal action. Overall, registering your copyright provides important legal protections and can help ensure that you are compensated for any unauthorized use of your copyrighted material.

DISADVANTAGES

Limitations on Creativity

The strict enforcement of copyright law can hurt creativity, as it may deter creators from building upon existing works or integrating others' elements due to the fear of infringement. This can slow down the progress of art and culture, as artists are less likely to take risks and innovate in their work. The fear of legal repercussions can cause a chilling effect on creativity, leading to fewer new ideas and less experimentation.

Monopolistic Control

The concept of copyright grants its holders a temporary monopoly on their creative works. This can result in a concentration of power among a select few, leading to limited access and distribution of creative content. As a result, the diversity and availability of creative works may be hindered, potentially leading to a negative impact on innovation and progress in various fields.

Digital Challenges

The proliferation of digital content has made it difficult to enforce copyright laws. With the ease of copying and sharing, it has become a challenge to track down and prevent piracy and unauthorized distribution of creative works. This has resulted in a range of issues for creators, from lost revenue to difficulty in protecting their intellectual property. The digital age has created a complex landscape for copyright enforcement, requiring new approaches and solutions to ensure the fair use and protection of creative works

Burden for Small Firms

Registering a copyright can be a significant financial burden for small businesses and individuals with limited resources. Complying with copyright law requires designating individuals to enforce copyright rules and may entail potential legal representation, adding to the expenses. In case of appeals or legal disputes related to copyright infringement, these holders may find it difficult to afford prolonged legal representation. Moreover, small companies or defendants may not have sufficient means to effectively defend themselves against copyright infringement claims, which further complicates their ability to navigate the complex legal landscape.

Overreaching Restrictions

Copyright laws can sometimes be too restrictive, limiting the use of copyrighted material beyond what is necessary. This can confuse and prevent people from engaging in activities that are allowed under fair use or other exceptions. Such restrictions can hinder educational, research, and transformative uses of creative content. Being aware of these drawbacks can help foster discussions on how to strike a balance between protecting creators' rights and promoting broader societal interests in the digital era.

CONCLUSION

Registering a copyright can be a complex process. It involves following a step-by-step procedure to ensure that the work is legally protected. After completing the registration process, the work becomes the property of the copyright owner. However, it is important to consider the advantages and disadvantages of registering a copyright. This helps to ensure that the decision to file for copyright protection is well-informed. By understanding the benefits and drawbacks of registration in the UAE, individuals can make informed decisions about how to protect their creative work.