Introduction
Intellectual property is one of the most important pillars on which modern economies are built, given the protection it provides for intellectual, cultural, and scientific creativity, its safeguarding of the rights of authors of works, and its enabling them to benefit from their intellectual output. With technological development and the ease of circulating content through digital means, the need has grown for an effective legal framework that curbs the infringements that may affect the rights of authors and rights holders.
The Saudi regulator has given considerable attention to protecting authors’ rights through the Copyright Law and its Implementing Regulations, whereby protection has covered literary, artistic, and scientific works—whether domestic or foreign—provided they meet the statutory conditions for protection.
First: The Scope of Protection for Written Works under the Saudi System
Statutory protection for written works—most notably books and booklets—covers all original works in the fields of literature, arts, and sciences, in accordance with Article Two of the Copyright Law, which established protection for original works regardless of their type, mode of expression, importance, or the purpose for which they were authored. Statutory protection is based on protecting the author’s intellectual effort and granting them moral and financial rights that enable them to control the ways their work is exploited, whether through publication, distribution, translation, or reproduction.
Second: Forms of Infringement on Copyright in Literary Works
Infringement of copyright is not limited to copying a work in its entirety; rather, it includes any use that exceeds the limits of the personal use permitted by law. The Implementing Regulations of the Copyright Law have identified a number of forms of infringement, most notably:
- Using the work, copying it, or drawing on it to perform job-related tasks without obtaining the permission of the rights holder.
- Using the work to achieve commercial or financial purposes.
- Exploiting the work in a manner not permitted by the author or rights holder.
- Renting the work, reproducing it, or allowing others to copy or modify it without authorization.
Furthermore, owning an original copy of a work does not grant its owner the right to copy or distribute it to others, as the intellectual and financial rights remain reserved to their holder in accordance with the provisions of the law. The author’s financial rights include the right of reproduction by any means, including digital reproduction—which underscores the importance of protecting works amid the widespread proliferation of modern technological means.
Third: Protection of Foreign Works and the Extent to Which the Saudi System Applies to Them
Protection under the Saudi Copyright Law is not limited to domestic works; it extends to foreign works that enjoy protection under the international agreements and treaties to which the Kingdom is a party.
The Copyright Law provides for the protection of works covered by international agreements, most notably the Berne Convention for the Protection of Literary and Artistic Works of 1886, which is considered one of the most important international agreements in the field of copyright protection. The Kingdom of Saudi Arabia acceded to the Berne Convention on 11 March 2004. The Convention is based on a number of fundamental principles, most notably the principle of national treatment, whereby works originating in one contracting state enjoy the same protection that the other state grants to the works of its own nationals. Accordingly, foreign works—including books and literary and scientific works—are subject to protection within the Kingdom once they meet the statutory conditions, which strengthens international cooperation in the field of intellectual property protection.
Fourth: Proving the Author’s Ownership of the Work
The Copyright Law has addressed the matter of proving ownership of a work, considering as an author any person who publishes a work attributed to them—whether by having their name appear on the work or by any means indicating its attribution to them—unless proven otherwise. It also considers the publisher whose name appears on the work as the author’s representative in cases where the work is published under a pseudonym or without mentioning the author’s name, with the aim of ensuring a presumption that helps identify and protect the rights holder.
Fifth: The Author’s Financial Rights
The law grants the author, or their delegate, a set of financial rights that enable them to capitalize on their work, including:
- Printing and publishing the work by various means.
- Recording the work on audio, visual, or electronic media.
- Translating the work into other languages.
- Adapting, modifying, or redistributing the work.
- Communicating the work to the public by any means, whether through display, broadcast, or information networks.
These rights constitute a fundamental guarantee for the author to derive economic benefit from their intellectual output and to prevent its exploitation without consent.
Sixth: Transfer of Copyright to Others
The Copyright Law permits the transfer of the author’s financial rights to others, whether by inheritance or through a written legal disposition that specifies the scope, duration, and place of the transfer of the right. The law also requires entities working in the fields of production, printing, publishing, and distribution not to engage in any activity related to copyright until after concluding contracts with the rights holders or their representatives, such that the rights and obligations of the parties are clear and defined.
Seventh: Procedures for Filing Complaints upon Copyright Infringement
In the event of an infringement on copyright, the rights holder is entitled to file a complaint with the Saudi Authority for Intellectual Property in accordance with the approved procedures. The process begins by submitting the request through the Intellectual Property Respect Portal, specifying the type of complaint, and attaching supporting documents. The competent body then studies the request and verifies the completion of the statutory and technical requirements. After examining the case, it is referred to the competent committee to consider the violation of the Copyright Law and issue the appropriate decision, with the possibility of objecting to the decision in accordance with the statutory periods and procedures.