Copyright (United Arab Emirates)
The copyright law in the United Arab Emirates a comparatively young field of law. Like all their commercial law, it is influenced by French law. Until the creation of a law on copyright and related rights in the early 1990s, the United Arab Emirates was considered a paradise for plagiarists. When they joined the WTO in 1996, they also joined the TRIPS Agreement and adapted their law to it.
Property law
The copyright
Subject matter of copyright: the work
According to Art. 2 of the Law on Copyright and Related Rights (VAE-UrhG), the subject of copyright protection is books and other written works, musical compositions, works of applied and plastic arts and audio-visual works, as well as computer software, databases, maps and photographs. Processing is also protected (Art. 2 No. 12 VAE-UrhG). As in Germany, the list is not exhaustive.
According to Art. 3 VAE-UrhG, mere ideas, action plans, mathematical concepts and “official documents” such as legal texts, international agreements or court decisions are not eligible for protection.
Transferability of Copyright
According to Art. 9 VAE-UrhG, the usage rights are transferable to natural and legal persons. However, such a contract must be in writing to be effective; every licensed right, the purpose, the period and the local scope of the right of use must be listed therein.
According to Art. 10 VAE-UrhG, the author has to share a percentage of the exploitation proceeds. However, all payment claims can be settled with a lump sum payment. Art. 11 VAE-UrhG, however, opens up the possibility of suing a higher sum in court if the agreed sum proves to be unreasonable in relation to the actual realization success.
Copyright content
The owner of the copyright is basically the author of the work. Art. 5 to 7 VAE-UrhG grant him moral rights and exploitation rights. The moral right is unlimited in time and not transferable. The exploitation rights include the right of reproduction including storage on electronic media, the right to execute, the right to broadcast, the right to public performance or demonstration, the right to translation, the right to amend, the right to rent and the right to publish in any form of publication.
Limitations of Copyright
The limitations of copyright are set out in Art. 22 VAE-UrhG. So is
- a copy of the work for personal, non-commercial and non-commercial purposes,
- use in judicial proceedings
- use in non-commercial archives and / or libraries to replace lost copies or
- use for private, scientific purposes
allowed. The right to quote is regulated in Art.
Time frame of protection
Protection begins with the creation of the work. Art. 4 VAE-UrhG enables the registration of a work. According to Art. 20 No. 1 UAE-UrhG, protection ends 50 years post mortem auctoris. In accordance with Art. 7 No. 4 RBÜ , this protection for works of applied art according to Art. 20 No. 5 VAE-UrhG is reduced to 25 years.
International Copyright
The United Arab Emirates have been a party to the TRIPS Agreement since 1996 and the RBC has been ratified since July 2004 . The Rome Convention for the Protection of Performers, Manufacturers of Phonograms and Broadcasting Companies, the WIPO Copyright Treaty and the WIPO Treaty on Performances and Phonograms also apply.
literature
- Michael Krämer: Overview of the intellectual property law of the United Arab Emirates . In: GRUR Int . No. 2 , 2006, p. 108-115 .
