E W IPO /IP/JU /R YD /04/1a O RIG INAL: English DATE: O ctober2004 KINGDOM O F SA U D IA RA BIA W ORLD INTELLECTUAL PRO PERTY O R G A N IZA TIO N W IPO N ATIO NAL W O RKSHO P FO R JUDG ES organized by the W orld Intellectual Property O rganization (W IPO ) in cooperation w ith the G overnm entofthe K ingdom ofSaudiA rabia R iyadh, D ecem ber 13 to 15, 2004 IN TERN A TIO N A L LEG A L FRA M EW ORK FOR THE PROTECTION OF COPYRIGHT AND RELATED RIGHTS prepared by Mr. Henry Olsson, J udge at the C ourt of Appeal and Special Government Adviser, Ministry of J ustice, Stockholm
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Copyright in Saudi Arabia Royal Decree M/11 - Copyright protection to works first published in Saudi Arabia or whose author is a Saudi Arabian national.
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EWIPO/IP/JU/RYD/04/1a
ORIGINAL: English
DATE: October 2004
KINGDOM OF SAUDI ARABIA WORLD INTELLECTUALPROPERTY ORGANIZATION
WIPO NATIONAL WORKSHOP FOR JUDGES
organized bythe World Intellectual Property Organization (WIPO)
in cooperation withthe Government of the Kingdom of Saudi Arabia
Riyadh, December 13 to 15, 2004
INTERNATIONAL LEGAL FRAMEWORK FOR THE PROTECTION OFCOPYRIGHT AND RELATED RIGHTS
prepared by Mr. Henry Olsson, Judge at the Court of Appeal and Special Government Adviser, Ministry of Justice, Stockholm
Copyright in Saudi Arabia
• Royal Decree M/11
• - Copyright protection to works first published in Saudi Arabia or whose author is a Saudi Arabian national.
Copyright in Saudi Arabia
• Copyright protection of foreigners:
• ”pursuant to international agreements or treaties for protection to which the Kingdom is a party.”
Copyright in Saudi Arabia
• Saudi Arabia • - is member of the World Intellectual
Property Organization• - is party to the Berne Convention for the
Protection of Literary and Artistic Works• - negotiates accession to the World Trade
Organization (including the TRIPS Agreement).
Intellectual property
• Copyright (the protection of authors)
• Neighbouring/related rights (the protection of performing artists, phonogram producers, and broadcasting organisations).
The mechanism of copyright law
• Copyright law grants, without formalities, writers, composers, painters and other creators of works of the mind exclusive rights to authorise or prohibit certain uses made of their works. Rights are economic and moral and are limited in time (normally 50 years p.m.a.). Violation of the rights entail penal and/or civil sanctions.
Rationale for copyright law
• Stimulus for creativity and thereby promoting social, economic and cultural development
• Serves at encouraging and protecting investments in the cultural etc. sectors
• Protects the moral rights of the author in hs work.
Economic importance of copyright industries
• Example: the European Union:
• - the gross value added to the economy represented in 2002 more than 5,3 % of the total Gross National Product
• - copyright industries contributed 3,1 % of the total employment in the EU
Evolution of copyright law
• The Continental European approach (human-rights-oriented, ”authors rights” with strong moral rights)
• The Anglo-American approach (more commercially oriented ”copyright” system).
Basic features of copyright law
• The concept of a ”work”
• ”Original” and derivative works
• Criterion for protection: Originality
• Protection applies to the expression/individual form
• No formalities allowed for protection
• Fixation of the work
Basic features ….
• The beneficiary of copyright protection:
• First owner: the individual author
• ”Works made for hire”
Basic features…
• Rights under copyright law:
• - Economic rights
• - Moral rights
Basic features…
• Economic rights:
• Right of reproduction
• Right of communication to the public
• Right to make translations, adaptations etc.
Basic features…
• Moral rights:
• - Right of paternity (to be mentioned in connection with the work)
• - Right of respect (to object to derogatory actions in relation to the work).
Basic features….
• Limitations:• Apply to economic rights.• To satisfy certain central public or private
interests of being able to use a work freely• Fair use/fair dealing or specific limitations
in the statute.• Free uses or compulsory or statutory