27 Aug Law No. (75) of 2019 Promulgating the Law on Copyright and Related Rights
Law No. (75) of 2019
Promulgating the Law on Copyright and Related Rights
Having reviewed the Constitution
The Penal Code promulgated by Law No. 16 of 1960 and the amending laws thereof;
– The Code of Criminal Procedure and Trials promulgated by Law No. 17 of 1960 and the amending laws thereof;
Law No. 5 of 1961 regulating legal relations of foreign origin;
The Civil and Commercial Procedures Law promulgated by Decree-Law No. 38 of 1980 and the amending laws thereof;
The Civil Law promulgated by Decree-Law No. 67 of 1980 and the amending laws thereof;
The Trade Law promulgated by Decree Law No. 68 of 1980 and the amending laws thereof;
– Decree-Law No. 20 of 1981 establishing a Chamber at the General Court for Administrative Disputes, as amended by Law No. 61 of 1982;
Law No. 16 of 1986 approving the Arab Convention on the Protection of Copyright;
Law No. 18 of 1995 approving the Agreement Establishing the World Trade Organization;
Law No. 2 of 1998 approving Kuwait’s accession to the Convention Establishing the World Intellectual Property Organization;
Law No. 64 of 1999 on intellectual property rights,
Law No. 3 of 2006 on Publications, Publishing and Amending Law No. 4 of 2016;
Law No. (10) of 2007 on the protection of competition and the amending laws thereof;
– Law No. 61 of 2007 on audiovisual media,
Law No. 111 of 2013 on commercial licenses,
Law No. (20) of 2014 on electronic transactions;
Law No. 35 of 2014 approving Kuwait’s accession to the Berne Convention for the Protection of Literary and Artistic Works,
Law No. 37 of 2014 establishing the Telecommunications Regulatory Authority, amended by Law No. 98 of 2015;
Law No. (13) of 2015 approving the Law on the Trademarks of the GCC States;
Law No. (21) of 2015 on the rights of the child;
Law No. (63) of 2015 on combating information technology crimes;
The Companies Law promulgated by Law No. 1 of 2016 and the amending laws thereof;
Law No. (8) of 2016 regulating electronic media;
Law No. (22) of 2016 on copyright and related rights;
The National Assembly approved the following law, which we have ratified and promulgated,
Copyright and related rights
The first Door
Definitions and scope of protection
The first Door
Definitions and scope of protection
In the application of this Law, the following words and expressions shall have the meaning assigned to each of them:
1. Work: Any creative work, literary, artistic or scientific, whatever its type, manner of expression, importance or purpose.
2. Innovation: To bring new work with the element of originality, or to renew an existing work or develop it so that this renewal or development is of a special character.
3. Author: The person who creates the work, and after the name of the work is mentioned or attributed to him at the time of publication of his work, unless there is evidence to the contrary. He shall also be considered the author of the work published by him without giving his name or a pseudonym, provided that there is no doubt as to the truth of a person.If the doubt arises, the publisher or producer of the work, whether natural person or as a representative, shall be deemed to represent the author in exercising his rights until the truth of the person of the author is identified.
4. Collective work: A work that is placed by more than one person under the guidance of a natural or legal person, who shall manage and publish it in his name and for his account. The work of its authors shall be integrated into the purpose for which the person intended, without specifying a special right for any of the authors on the total work.
5- The joint work: A work that does not fall within the collective works and is co-authored by more than one author, whether the contribution of each of them may be separated or not specified.
6. Derivative work: A work whose origin is derived from a pre-existing work such as translations, musical distributions or other amendments or transformations taking place without prejudice to the rights of the original work.
7. National Folklore: Traditional arts, customs, expressions and traditional performances, including popular oral, written, musical or motoristic traditions, or any of the foregoing, which may be reflected in elements reflecting these inherited arts, traditional customs and traditional heritage that originated or continued in the State of Kuwait.
Oral expressions such as anecdotes or riddles, puzzles and poems, both standard or colloquial and other poems and traditions.
Musical expressions such as folk songs accompanied by music, folk music.
C – kinetic expressions such as popular motor performances, plays and art forms.
D- Tangible expressions such as folk art products, including plastic art, drawings, whatever the lines or colors used, products of engraving, sculpture, ceramics, clay, wood products and the various inlays thereof; Architectural and others.
8. Neighboring Rights: The rights enjoyed by those who transmit the work of the author to the public, and know the owners of the neighboring rights are the performers and producers of sound recordings and broadcasting organizations.
9. Performers: actors, singers, singers, vocalists, musicians, dancers and kinetic performers whose performance is related to literary or artistic works subject to the provisions of this Act, in one form or another, including expressions of folklore or works that have fallen into the public domain;
10- Producer of phonograms: The natural or juridical person who, on his own initiative and in his responsibility, fixes the votes for the first time, which constitute the performance of the instrument.
أو or other sounds or fix any representation of sounds.
11- Sound recording: Fixing the sounds that constitute the performance or other sounds, or fixing the representation of sounds in a form other than the fixation included in a Sinai or other audiovisual work.
12. Broadcasting: The transmission of a carrier signal for the program prepared for broadcasting by radio, television or radio transmitters by wire or wireless means to be received by the public. Any such transmission shall be considered via satellite for broadcasting as well. Encryption by the broadcasting organization or with the consent of the broadcasting section.
13. Broadcasting Authority: A legal person who initiates the mobilization, collection and scheduling of the content of the broadcasting program with the authorization of the rights holders, if necessary, who has legal and editorial responsibility to convey to the public everything contained in its broadcasting signal.
14. Signal bearer of the modified broadcasting program: an electronically generated carrier and bearer of a program intended for broadcasting as originally transmitted and in any subsequent formal format.
15. A program intended for broadcasting: a live or recorded material consisting of images or sounds of both or representations thereof.
16. Public Performance: Any performance of a work such as acting, dumping, narration, playing or broadcasting so that the performance is performed in a place where it may or may have an audience or in a place that is not open to the public, but with a large number of persons from outside a particular family or its immediate surroundings.
17. Transmission to the public: making the work, performance, sound recording or broadcasting program accessible to the public by wire or wireless transmission, including by making the work available to the public and which may be received by broadcasting only to non-family members and close friends at any place of the broadcast at any time. Or the place where the reception takes place or its method.
18. Compilation: Any form of data collection or other material, including folklore, which falls within the scope of intellectual creations due to the selection or arrangement of its content.
19 – Databases (databases): A group of materials, data or groups of folk expressions in any form, which are intellectual innovations because of the selection of content or arrangement, whether readable automatically or electronically or any other form.
20. Fixation: Any embodiment of images or sounds or of any representation thereof, through which they can be perceived, reproduced or transmitted by any means.
21. The audiovisual work: A work consisting of a series of images related to each other, which are essentially intended to be presented with accompanying sounds, if any, which give the impression of movement when displayed, transmitted or transmitted to the public, through the use of machines or devices. Such as projectors, monitors, or electronic equipment, regardless of the nature of the material objects through which such works are embodied.
22. Distribution: Making the original or copies of the work available to the public through sale or otherwise.
23. Leasing: Making the work available for a specified period of time in order to obtain direct or indirect economic or commercial benefit.
24- Computer program: A set of commands expressed in words or symbols or in any other form that can be incorporated into a material support that the computer can read, make, perform or perform a task or give a result.
25- Publication: Is to make copies of the work available to the public by any means whatsoever with the consent of the copyright owner or related rights and in a quantity sufficient to satisfy the needs of the public through sale, lease or any other way of transferring ownership or possession of the copy of the work or the right to use it.
26. Reproduction: Making one or more copies of a work, sound recording, broadcasting program, or any performance in any form or image, including electronic download or storage, whatever the method or tool used in the reproduction.
27. Technological protection measures: Any technology, device or component that, in the performance of its normal function, aims to prevent or restrict acts that are not authorized by the right-holder in respect of works or subjects of related rights.
28. Rights Management Information: Any information that identifies the author, the work, the performers, the performance of that artist, the product of the phonogram or the phonogram itself, the broadcasting organization, the broadcasting program, the owner of any right under this law, or any information about the conditions for the use of the work. Performance, phonogram, broadcasting program, or any numbers or codes symbolizing such information, where any element of the information is associated with a copy of the work, the fixed performance, sound recording or broadcasting program, or apparent, along with the broadcasting or transmission to the public. Or installed performance, sound recording or bur Broadcasting program or making it available to the public.
29. The public domain is the common resource to which all works or subjects of neighboring rights are excluded initially from protection, or where the term of protection of financial rights has expired or is voluntarily abandoned by the author or the neighboring right holder.
30. Organization: World Intellectual Property Organization.
31. Convention: Berne Convention for the Protection of Literary and Artistic Works.
32- The Minister: The competent minister.
33- Library: Kuwait National Library.
34. The Council: The National Council for Culture, Arts and Letters.
The protection afforded to copyright and related rights includes Kuwaiti natural and legal persons, foreigners permanently residing in the State of Kuwait, and aliens who are nationals of a State party to the Convention or of the Organization or resident in a State party to the Convention.
Members of Member States shall be deemed to be:
First: Regarding Copyright:
1. Authors of nationals of a State Party to the Convention or of the Organization concerning their works, whether published or not.
(2) Authors other than nationals of a Member State for their works
The work shall be deemed to be published simultaneously in several States if it appears in two or more States within thirty days from the date of its first publication. Or cinematic performance of a musical work, scientific reading of a literary work, wire transmission, broadcasting of literary or artistic works, display of an artistic work and execution of an architectural work.
(3) Producers and authors of audiovisual works whose domicile or domicile is located in a Member State.
4. Authors of architectural works established in one of the Member States or other works of art in a building or other establishment located in a Member State.
Second: Regarding Rights Related to Copyright:
1- Performers if one of the following cases is available:
(A) Achievement of performance in a State party to the Convention in the Organization.
B) Unloading the performance in sound recordings, the product of which belongs to a State Party to the Convention or to the Organization, or the completion of the first sound recording in the territory of a Member State of the Convention or the Organization.
(C) Broadcasting performance through a broadcasting organization based in a State party to the Convention or the Organization and using a transmitter also located in a State Party to the Convention or in the Organization.
2. Producers of phonograms if the first recording was made in a State Party to the Convention or in the Organization.
3. Broadcasting organizations based in the territory of a State Party to the Convention or of the Organization where the broadcast is broadcast from a transmitter also located in the territory of a State Party to the Convention or of the Organization.
Citizens of the Member States of the Convention or of the Organization shall enjoy any privilege, privilege, privilege or immunity granted by any other law to nationals of any State with respect to copyright and related rights, unless the source of such privilege, preference or immunity is derived from:
(A) Judicial assistance agreements or legal cooperation agreements;
(B) Agreements relating to copyright and related rights in force before the date of entry into force of the WTO Agreement in the State of Kuwait.
The protection provided by this law for authors’ rights shall apply to creative works in the arts, sciences, or knowledge, whatever the type, manner of expression, relevance, purpose or authorship of such works, including in particular:
1 written materials such as books, booklets and others.
(2) Works that are received orally, such as lectures, speeches, poems, songs, songs and the like.
3 – theatrical works, representations and reviews, and so on performances that lead movement or sound or both.
4. Works that are broadcast through radio.
5 works of painting and works of plastic art, architecture, decorative arts, artistic knitting, sculpture, engraving and printing on stone and so on.
6. Audiovisual works.
7 – Musical compositions, whether or not accompanied by words.
8. Applied arts works, whether craft or industrial.
9. Photographic works or the like.
10. Designs, illustrations, geographical maps, blueprints and stereotyped works related to geography, topography, engineering, architecture or science. The protection does not include the functional nature of the design but its aesthetic features.
11 – Computer software in any language or the way it is expressed or its form.
Economic feasibility studies.
14. Common works.
15. The following derivative works:
(A) Works of translation, summary, amendment, alteration, explanation, musical distributions and other modifications, including works derived from folklore;
(B) Data sets (databases), whether readable automatically or in any other form, which are innovative in terms of their content selection, arrangement or tabulation. Protection does not include the content of databases and is not subject to rights over such content.
(C) Collections of works of any kind, such as encyclopedias, anthologies, and folklore expressions of folklore and their collections, whenever such collections are innovative in terms of selecting, arranging or tabulating their contents, without prejudice to the rights of the authors in respect of each work forming part of such collections.
The protection afforded to derivative works shall not prejudice the protection enjoyed by the authors of the original works.
The protection prescribed in accordance with the provisions of this Law shall not apply to the following:
1. Ideas, procedures, working methods, methods of operation, concepts of mathematics, principles, abstract facts, discoveries and data, even if expressed, described or described in a workbook.
2. Official texts of a legislative, administrative or judicial nature as well as their translation.
3 – Daily news or events that are just press information.
4 – Heavenly books and lines used in writing (drawing) and recitation and recording recitation.
5. Speeches as well as pleadings during judicial proceedings.
6. Single words, short phrases, lists of components, symbols and familiar designs.
Protection shall apply to the sum of the foregoing if its collection is characterized by innovation in ranking, display or classification without the protection of the content provided.
National folklore is the public property of the people. The Council shall identify, sponsor, support and defend it in the face of distortion or damage to the cultural or public interests of the State.
Copyright and related rights
Chapter One: Copyright
First: moral rights
The author and the successor of the year to his work shall enjoy the following moral rights:
First: The right to attribute the work to the author.
Second: The right to publish the work for the first time.
Third: The right to prevent any prejudice or modification of the work that may distort or distort it, or lead to damage to the author’s honor, reputation or status.
Fourth: The right to use a pseudonym or not to mention the exponent
M. The work, the author and his general successor shall be classified as literary rights, which are not subject to assignment or attachment.
The author may request the total court to prevent the publication of a classified work or to withdraw it from circulation, despite its disposition to the right of financial exploitation. If the author responds to his request, the person who has the right to financial exploitation shall have the right to seek compensation which the court shall assess.
The Council shall exercise the moral rights stipulated in Article (6) if the Kuwaiti author dies without an heir, as well as in the case of works whose author does not know.
Second: Financial rights
The author and the successor of the year and the trustee shall have an exclusive right to authorize or prohibit any use or exploitation of a work in any way as follows:
1. Copying the work by any means, including printing, imaging, recording on tapes, CDs, CDs, electronic memories of a computer, or digital storage in an electronic or optical environment or any other means.
2. Translating a classified work into another language, distributing it musically, or making any other modification or modification that constitutes a derivative work.
3. Distribution of the work or physical copy to the public through sale or any other transfer of ownership. The consultative right of distribution shall be exhausted upon the first sale of the original copy of the work, and the buyer of the original protected work shall be allowed to sell, give up or dispose of it without the permission of the right holder.
4. Public performance of classified.
5. Broadcasting, re-broadcasting or transfer to the public.
The exclusive right to lease shall not apply to computer programs if they are not the primary place of leasing, nor to the leasing of audiovisual works where the reproduction does not lead to material damage to the owner of the exclusive right referred to.
7. Publishing in any way, including making it available through computers, communication networks and other means.
The Council may exercise the financial rights on works whose Kuwaiti author dies without having an heir or recommended to him, and on works whose author does not know it was first published in Kuwait.
The author may receive the monetary or in-kind consideration that he deems fair for his or her disposition of one or more of the financial exploitation rights classified to others. The author shall remain the owner of whatever is not disposed of in the foregoing. Enjoy another on the workbook.
The right of the author and the holders of the neighboring rights to be disposed of shall be in writing and shall specify in detail each right separately, indicating the extent, purpose, duration and place of the right in question.
Without prejudice to the moral rights stipulated in this law, the author shall not take any action that would disrupt the exploitation of the right in question.
Without prejudice to the exceptions to copyright in this law, the transfer of financial rights related to the work of computer programs, applications and databases shall be subject to the contracting license contained in the software or the poster thereof, whether it appears on the support of the program or when it is downloaded or stored in the computer screen. The purchaser or user of the software shall be bound by the conditions stated in that license unless it is contrary to public order or morals.
The conduct of the author, in any form whatsoever in the original copy of the classified work, shall not entail the transfer of any of his financial rights, unless otherwise agreed in writing.
The financial rights of the author may be attached to the publication’s work in the event of a court ruling against him. Financial rights may not be attached to the works whose author dies before publication unless it is conclusively proven that he intended to publish them before his death.
Any conduct of the author in his future intellectual production shall be absolutely null and void.
First: moral rights
Performers and their general successors shall enjoy moral rights over performances that are not subject to assignment or attachment in accordance with the provisions of Article (6) of the Law. They shall include the following:
The performance ratio, whether or not recorded, to the performers.
2. Prevent any modification or alteration that may distort or distort performance, or damage the honor, reputation or status of the performer.
Second: Financial rights
Performers shall enjoy the exclusive right of authorizing or prohibiting:
First: The aspects of their unproven live performance:
Broadcast their unproven performances and communicate them to the public unless the performance has already been broadcast.
2. Fixing their unproven aspects.
Second: their proven performance aspects.
1. Authorize direct or indirect copies of their performances fixed in phonograms in any manner or form.
2. Making available to the public the original or other copies of their performances fixed in phonograms by selling or otherwise transferring their ownership.
3. Authorize the rental of the original or other copies of their performances fixed in phonograms to the public for commercial purposes, even after their distribution by their knowledge or authorization. Performers shall have the right to a fair remuneration for the rental of copies of their performances fixed in phonograms by producers. Phonograms provided that the rental of phonograms for commercial purposes does not materially damage the exclusive rights of performers to reproduce.
4-Making available their performances fixed in sound recordings to the public by wire or wireless means so that members of the public can access them from a place and at a time chosen by each of them themselves.
5. The right to a fair remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcast or transmission to the public in any manner whatsoever.
The provision of this Article shall not apply to any recording of performers within any audiovisual recording unless otherwise agreed in writing.
The Council may exercise moral rights
And the financial performance of a Kuwaiti performer who dies without a heir or recommended.
Producers authorized by performers to make the first fixation of an audiovisual work on any concrete material shall have the exclusive right to:
Copying, distributing, selling and renting the audiovisual work they produced and transmitting it to the public.
2. Authorizing or preventing direct or indirect copies of their audiovisual recordings.
3. Authorizing or preventing the rental of their audiovisual recordings for any purpose whatsoever.
4. Waiver in whole or in part of the said rights without the consent of the performing artists.
Producers of phonograms enjoy the following investment rights:
Direct or indirect reproduction of their phonograms in any manner or form.
2. Make the original or copies of their phonograms publicly available for sale or other transfer of ownership.
3. Leasing the original and other copies of their phonograms to the public for commercial purposes even after distribution by their knowledge or permission.
4 – make available their audio recordings by wire or wireless means that members of the public can view them from a place and at a time chosen by each of them himself.
Distribute or copy their sound recordings.
6. The right to a fair remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcast or transmission to the public in any manner whatsoever.
Broadcasting organizations shall enjoy the following exclusive financial rights:
Installing its own broadcasting materials and programs.
2. Copying its own materials and programs intended for broadcasting.
3. Transfer its broadcasting materials and programs to the public.
4. Re-broadcast their material and programs intended for broadcast in any way.
5. Preventing third parties from transmitting their broadcasts to the public without obtaining a written license in advance.
The provisions governing the author’s disposition of the financial rights contained in this Law and those contained in the Convention shall apply to all conduct of neighboring rights holders in their financial rights.
The Board may exercise the financial and financial rights of the performer who dies without having an heir or a successor.
Duration of protection
Term of protection of Dubai rights
Without prejudice to the provisions of Article (6) of this Law, the term of protection of Dubai rights shall expire upon the expiry of the financial rights provided for in this Law. The ratio of the work to the original author shall remain valid and shall enjoy eternal protection that shall not expire over time.
Term of protection of financial rights
(1) The term of protection of the author’s financial rights over his life-long work and for fifty years after his death shall be calculated as of the first of January of the year following his death.
2. The term of protection of the financial rights of authors of joint works over their entire lives and for a period of fifty years from the date of the death of the last survivors, shall be calculated as of the first of January of the year following the death of the last survivors.
(3) The term of protection of works for which the author is a legal person shall be fifty years from the first of January of the year following the year in which the first draft of the work took place.
4. If the work is composed of several parts or volumes to be published separately or at intervals, each part or volume shall be considered a separate work for the calculation of the term of protection.
(5) The term of protection of collective works and audiovisual works shall be fifty years from the first publication of a project of the work calculated from the first of January of the following year in which the said publication occurred. In the absence of publication, the fifty-year period shall be effective from the first of January of the following year. For the year in which the work was completed.
6. The period of protection of published works without mentioning the name of the author or the name of a pseudonym, shall be fifty years from the first of January of the following year in which the first publication of the work of the work took place. For items (1, 2) of this article.
7. The period of protection of published works after the death of the owner thereof shall be fifty years from the first of January of the year following the year in which it is published.
8. The protection period for applied arts and photographic works shall be fifty years from the date of the first presentation or publication of the work of the work, regardless of the republication.
1. The protection period for performers shall be fifty years from the first of January of the year in which the performance took place, or from the first of January of the year following the year in which the performance was fixed in a phonogram.
2. The period of protection for producers of phonograms shall be fifty years from the first of January of the year following the year in which the phonogram is published if it is not published within fifty years from the installation of the phonogram.
3. The term of protection of broadcasting organizations shall be twenty years from the first of January of the year following the year in which their programs were first broadcast.
the fourth chapter
Special provisions for some works
A natural or juridical person who is directed to create and assume responsibility for the accomplishment of a collective work shall have the right to exercise the moral and financial rights of the author thereof unless otherwise agreed in writing.
Each author of the joint work shall be deemed to be an equal partner in the financial rights, unless his book otherwise agrees.
If one participant dies and heirs are not left, his share shall be transferred to the Council unless otherwise agreed in writing.
If the work is created for the benefit of another person, the copyrights belong to the creator, unless otherwise agreed in writing.
Without prejudice to the provisions of the preceding paragraph, if the worker devises a work related to the activities or activities of the employer or uses it to create the work, experiences, information, tools orUnless otherwise agreed in writing, the copyright shall belong to the employer, subject to the intellectual effort of the employer.
The author’s rights shall be given to the worker if the work created by him is not related to the work of the employer and the worker did not use the employer’s expertise, information, tools or raw materials to achieve such innovation unless otherwise agreed in writing.
Works that do not bear the name of their author, or which have a pseudonym, shall be deemed authorized by the publisher from the author to exercise the rights prescribed for him in this law unless proven otherwise.
It is not permissible for those who have made a copy of another to publish, display, distribute its originals or copies thereof without the permission of its owner, unless otherwise agreed.
However, the image may be published on the occasion of incidents that occurred publicly or were related to persons of official or public character or who enjoy local or international fame, provided that the presentation or circulation of the image in such cases shall not prejudice the person’s honor or reputation and consideration.
The person represented by the photograph may authorize its publication in newspapers and other means of publication, even if the photographer does not allow it, unless otherwise agreed.
The preceding provisions shall apply to the pictures, whatever the manner in which they were carried out by drawing, engraving or any other means.
The rights of the author of a photographic work shall not prevent others from taking new photographs of the photographic object, even if taken from the same place and under the same conditions as the first photographs.
Limitations and Exceptions to Rights
Copyright and Related Rights
Without prejudice to the moral and financial rights of the author in accordance with the provisions of this law, third parties may use the work in certain special cases without the permission of the copyright owner and without compensating him, provided that such use does not interfere with the normal exploitation of the work and does not prejudice the legitimate interests of the right holder. The name of the author whenever possible.
In particular, legitimate use shall include:
First: Copying the original work for the sole personal use of the duplicator in any way, provided that the work has been lawfully published and that the original copy has been lawfully acquired, except for copies of architectural works embodied in the form of buildings or any other installations.
Second: Citing paragraphs of that work in another work, provided that the citation is in line with current practice and is not essential, and to the extent justified by the desired goal, and to mention the source and the name of the author, and this applies to press abstracts transferred from newspapers and periodicals.
1. The reproduction shall not be made for commercial purpose or for profit.
2. Copies must be made at one or more separate times or times.
3. The name of the right holder and the title of the work shall be indicated on each copy.
Fourth: The performance of the work in meetings within the framework of the family or students for educational purposes as long as this is without collecting direct or indirect financial compensation.
Fifth: Making a single copy of the computer program by the person who acquired the legitimate ownership of the original copy for use in one of the following purposes
1- Modifying or modifying the original version of the program to suit the needs of the licensee.
2. Studying the ideas and theories that underpin them through reverse engineering.
3. Modify the language in which the original language of the program was written from the source language to the machine language.
4. Preservation or replacement when the original copy is lost or damaged.
Preparing materials or programs dealing with the original program.
6. Modify or correct errors in the program or to address security vulnerability to increase the effectiveness of the operation and raise its efficiency.
7. Testing the program and securing the network of which the program is a part.
Sixth: Make a temporary electronic copy in the following cases:
If it is transient or incidental.
If it is an essential part of an integrated technical process.
3. If the primary purpose of the copy is to enable the transfer of the work within a network to a third party by an intermediary or for the legal use of works that do not have independent economic significance.
Seventh: Transfer or copy the articles published in newspapers and periodicals on current topics or broadcast works of a similar nature, provided that the source is clearly stated and the name of the author, if any.
Eighth: Copies of sermons publicly presented to the public, if they are copied by the media and the public interest, provided that the author’s name is clearly stated. The author may retain the right to publish such works in the manner he deems fit.
Ninth: Copying any work that has been broadcasted that can be viewed or heard on the occasion of the presentation of current events by fixed or mobile filming, provided that this is within the target to be achieved, with the need to indicate the source clearly.
Tenth: Producing provisional recordings by broadcasting organizations by their own means, without prejudice to the rights of the author, by making one or more copies of any protected work licensed to be broadcasted or displayed, provided that all copies are destroyed within a period not exceeding one year from the date of their preparation, or a longer period with the consent of Copies of this recording may be kept in official archives and as required by the public interest.
Eleventh: Transfer of short excerpts from previously published works, drawings, photographs, designs or maps to textbooks prepared for the curricula and to history, literature and the arts, provided that such transfer shall be as necessary, provided that the source and the name of the author are mentioned.
Twelfth: Exchange of documents between libraries, by fax, mail or secure electronic transport provided that the file is deleted immediately after printing a paper copy of the work for non-commercial research or for the personal use of the library’s receiving visitors.
Thirteenth: The archives, libraries, museums and galleries which are financed by the government and have the right to distribute copies of the works as part of their activities according to the following:
(A) These institutions shall be allowed to copy their works collection for the purpose of providing backup copies and for the purpose of preservation and conversion of the work into digital form in order to develop the needs of those entities and operate them electronically.
(B) If the work or a copy thereof is part of a collection with one of the bodies referred to and is incomplete, it may complete the missing parts by any legitimate means.
(C) A work which must be available in its collections in its chosen form, if it cannot find such works in that particular form on the market or through the publisher.
Copying the work when it is impossible to obtain a license from the author or the right holder or when the work is not available for sale or publication.
(E) Works copied in accordance with the preceding clauses may be used for personal or study purposes both inside the building and without electronic equipment, and may be seconded to the user.
Fourteenth: Copy of the work by public libraries or non-commercial documentation centers under the following conditions:
(A) The reproduction shall be limited for the purpose of satisfying the request of a natural person for the purposes of study or research.
(B) The copies are intended to preserve the original copy or to replace the copies that are lost, damaged or render unusable and that it is impossible to obtain a replacement on reasonable terms.
Fifteenth: The use of the work for the purposes of caricature, simulation and imitation without harming the author, with his name.
Sixteenth: Facilitate the access of the work to a person with a disability without the author’s permission and take any intermediate steps to achieve this objective, in accordance with the following conditions:
(A) The person wishing to undertake this activity has legal access to this work or a copy thereof.
(B) The work shall be transformed into an accessible form, using any means required to browse information within the limits of which persons with disabilities may have access to the work, but shall not make any changes other than those necessary for the access of persons with disabilities to the work.
C) This is done on a non-profit basis.
A person with a disability who has received a copy of the work may make a copy for personal use.
Works may be imported and exported to and from the State of Kuwait in a form accessible to persons with disabilities.
Seventeenth: Presenting part of the original or copied work to the public for the purpose of promoting it.
Eighteenth: The use of a limited part of the work published legally in order to criticize or support the point of view, provided that the size of the part used does not exceed what is necessary and customary and always mention the name of the author.
Nineteenth: Publicly displaying or performing classified work in official occasions within the limits required by such occasions provided that the name of the author and the source are mentioned.
Twenty: Newspapers, periodicals or broadcasting organizations, without the authorization of the copyright holder and without compensation, provided that the source and the author’s name are mentioned, may carry out the following actions:
1. To publish excerpts of his works that have been made available to the public legally, and his published articles on subjects of public concern at a certain time, unless the author has prohibited this at the time of publication, provided that reference is made to the source from which he was quoted, the name of the author and the title of the work.
2. Publication of speeches and speeches delivered in public seminars and meetings of the Parliamentary Councils and the legislative, administrative, social, public, scientific, literary, artistic, political, social, and religious bodies. However, the author or his successor shall have the right to collect such works in groups attributed to him.
3. Publication of excerpts from an audiovisual or audiovisual work available to the public in the context of news coverage of current events.
Any agreement contrary to the limitations and exceptions in this Chapter shall be null and void.
Exceptions to the financial rights of the author provided for in this law shall apply to the financial rights of the holders of neighboring rights in a manner that does not conflict with the nature of these rights.
Any Kuwaiti natural or juridical person with an interest may request the Chairman of the Council or his representative to grant him a non-exclusive and non-assignable license to copy or translate any published work without the permission of the right holder. Translation licenses are granted for the purposes of school or university education or research. Copying licenses are granted only for use in the framework of school or university education. Such licenses are granted for fair compensation to the right holder or his successor at the discretion of the competent court. The license shall be issued by a reasoned decision by the competent minister specifying the time and spatial scope of use, as determined by the executive regulations.
Collective management of the requirement of precautionary rights, procedures and penalties
Collective management of the requirement of precautionary rights and procedures
The owners of copyright and related rights, and their private and public successors, may entrust the management of all the rights provided for in this law and collect compensation for them to associations or companies formed among themselves in accordance with the Clubs and Public Benefit Laws and the Companies Law referred to above.
The Chairman of the Board shall issue a license to practice the activities of collective management societies or companies. The mechanism of their work shall be to follow up their activities and supervise them and determine the fees due in accordance with the provisions of the Implementing Regulations.
Upon the request of the concerned parties, the summary judiciary shall be competent to carry out the following or other appropriate precautionary measures when violating any of the rights stipulated in this Law:
Produce a detailed description of the work, performance, sound recording or broadcasting program.
2. Temporarily suspending publication, display, copying or manufacture of the work, performance, sound recording or broadcasting program for a specified period, which may be extended until the substantive dispute is settled.
3. Reservation and reproduction of the work, the sound recording or the original broadcast program, as well as the materials, devices and tools used to reproduce this work, the performance, the sound recording or the broadcast program, or to extract copies thereof, provided that such materials are valid only for republishing. The work, performance, sound recording or broadcast program.
4. Proof of the violation of the right in question.
5. Inventory of revenues derived from the exploitation of the work
Sound recording or broadcast program and reservation in all cases.
The President of the Court may order the assignment of one or more experts to assist the execution officer.
The court may oblige the aggressor of the right to a fair and adequate compensation for the damage suffered by the right holder as a result of that attack.
Employees designated by the President of the Council upon the nomination of the library and issued a decision by the competent minister to grant them the status of judicial police to monitor the implementation of this law, inspect printing houses, libraries, publishing houses and public places, and control the crimes committed in violation of its provisions, and edit the necessary records and refer them to the Public Prosecution. The competent minister shall provide the necessary financial and administrative facilities to these employees to enable them to carry out their work.
A reasoned decision by the competent minister, after notifying the violating party and granting him a period of (7) working days from the written reply to the violation, may temporarily close the infringing establishment for a maximum of 3 months.In case of recurrence, the license may be withdrawn, and the concerned person may appeal against the decision within a maximum period of sixty days.
The General Administration of Customs may, on its own initiative or at the request of the right holder, order a reasoned decision not to release customs goods that constitute an infringement on a protected right in accordance with the provisions of this Law. The request for non-release shall be submitted to the Director General of the General Administration of Customs as regulated by the Executive Regulations. To the provisions of this law.
The owner of the right in the literary, artistic or scientific work subject to the provisions of this law may deposit at his own expense copies of the work with the library.
The Library shall establish a register for the filing of works subject to the provisions of this Law.
The Implementing Regulations shall determine the due fees and the procedures followed under this Law and its Executive Regulations.
The concerned parties may appeal against the decisions issued to refuse filing, registration and issuing certificates according to the rules. In case of refusal, it shall be justified within one month from the submission of the application, otherwise the appeal shall be considered acceptable.
The penalties provided for in this Chapter shall apply without prejudice to the exceptions mentioned in Articles 31 and 32 of this Law.
The Public Prosecution shall have the exclusive power to investigate, act and prosecute all crimes arising from the application of the provisions of this Law.The Criminal Department of the General Court shall have jurisdiction to deal with all criminal cases stipulated therein, and shall appeal its judgments to the Court of Appeal.The judgments issued by the Court of Appeal may be appealed through discrimination.
Without prejudice to any more severe penalty stipulated in another law, any person who, without written permission from the author or owner, shall be imprisoned for a period not less than six months and not more than two years and a fine of not less than five hundred dinars and not more than fifty thousand dinars. The adjacent right or their successors in any of the following acts:
1. Violation of any of the literary or financial rights of the author or the owner of the related rights stipulated in this law, including making any work available to the public, or displaying any work, performance, sound recording or broadcasting program, which is covered by the protection provided. In this law through computers, information networks, communication networks or other methods or other means.
2. Sale or lease of a protected work, sound recording or broadcasting program in accordance with the provisions of this Law, or its circulation in any form whatsoever.
Without prejudice to any more severe penalty stipulated in another law, any person who commits any of the following acts shall be punished by imprisonment for a period not less than six months and not more than two years and a fine of not less than one thousand dinars and not more than one hundred thousand dinars.
1. Manufacture, assemble, import or export for the purpose of selling, leasing, trading or distributing any apparatus, means or instrument specially designed or prepared to circumvent the technological protection measures used by the author or the neighboring right holder.
2. To penetrate the technological protection measures used by the author or the owner of the adjacent right to protect the rights provided for by law or to preserve the quality and purity of the unlawful copies of works
3. Remove, disable or defect any technical protection or electronic information aimed at organizing and managing the information necessary to administer the rights prescribed in this law without right.
4. Deletion or alteration of any information and management in electronic form necessary for the unlawful administration of the rights provided for in this Law.
5. Distribution or importation for distribution, broadcasting, transmitting or making available to the public, works or subjects of related rights, or copies thereof, while his work has omitted or altered information contained in electronic form necessary to administer the rights prescribed in this law without right. .
6. Store or download any copy of the computer programs, applications or databases on the computer without authorization from the author or the neighboring right holder or their successors.
The court shall order the destruction thereof, except for the architectural works constructed in accordance with the environmental requirements.
Upon conviction, the court may order the closure of the establishment where the crime was committed for a period not exceeding six months.
The court may order the publication of the summary of the final judgment issued in two daily newspapers at the expense of the convicted person.
In case of recidivism for one of the crimes referred to in Articles 43 and 44 of this Law within five years from the date of the final judgment, the maximum penalty prescribed by law shall be increased by half.
He shall be punished by imprisonment
For a period of not less than one month and not more than six months and a fine of not less than one thousand dinars and not more than twenty thousand dinars or by either of these penalties, any person who prevents the employees stipulated in article 36 from performing their work or withholding any information or records they request to have access to.
The provisions of the accompanying law shall apply to copyright and related rights.
Law No. (22) of 2016 on copyright and related rights and Law No. (64) of 1999 on intellectual property rights shall be repealed and any provision contrary to the provisions of this law shall be repealed.
The competent minister shall issue the executive bylaws and decisions necessary for the implementation of the provisions of the accompanying law within one year from the date of its coming into force.
The Ministers, each in his respective capacity, shall implement this Law and it shall be published in the Official Gazette.
The Emir of Kuwait
Sabah Al – Ahmad Al – Jaber Al – Sabah
Issued at Seef Palace on: 20 Dhu al-Qi’dah 1440 AH corresponding to 23 July 2019.
Law No. (75) of 2019
On copyright and related rights
In view of the importance of copyright and related rights, Kuwait has acceded to several regional and international conventions. Law No. 16 of 1986 was issued approving Kuwait’s accession to the Arab Convention for the Protection of Copyright, and Law No. 2 of 1998 approving Kuwait’s accession to the Convention Establishing the World Intellectual Property Organization. No. 35 of 2014 approving Kuwait’s accession to the Berne Convention for the Protection of Literary and Artistic Works, as well as the previous issue of Law No. 64 of 1999 on Intellectual Property Rights. The above-mentioned law has been prepared, including forty-five articles, after the promulgation law, which contained four articles compiled by three sections. Article 1 contained the words and expressions contained therein. Article 2 decided that the protection provided for copyright and related rights includes natural and legal persons. Kuwaitis and foreigners permanently residing in Kuwait, and foreigners belonging to a State party to the Berne Convention for the Protection of Literary and Artistic Works or in the World Trade Organization and the like. Feen on innovative works in literature, arts and sciences, whatever the type of these works, the way they are expressed, their importance, or the purpose of their compilation or classification. And other acts included in the article and covered by protection.
Article 4 clarifies cases in which the protection prescribed by law does not apply.
Article 6 clarifies that the moral rights of the author and his successor on a permanent classified work are not subject to assignment or attachment and is void and absolutely null and void any act on them and identified exclusively these rights.
Article 7 gives the author, if there are serious reasons, to request the total court to prohibit the introduction of a classified work or withdraw it from circulation to make substantial amendments to it despite his behavior in the right of financial exploitation. Compensation assessed by the Court.
Article 8 stipulates the right of the National Council for Culture, Arts and Letters to exercise the moral rights stipulated in Article 6 if the Kuwaiti author dies without an heir, as well as works whose authors do not know.
Article 9 clarifies the extent to which the author, his successor and his recommended successor enjoy the exclusive right to authorize or prohibit any use or exploitation that is classified in any way, and stresses that the exclusive right to lease does not apply to computer programs if they are not the primary place of lease, nor to lease. Audiovisual works where they do not lead to the proliferation of their copies in such a manner as to cause material damage to the right of the consultant.
Article 10 gives the National Council for Culture, Arts and Letters the right to exercise financial rights over works whose Kuwaiti author dies without an heir or trustee or works whose authors do not know.
Article 11 affirms the copyright in the financial exploitation of his work and stipulates that his conduct must be in writing, detailed and specific until the conduct takes place.
Article 12 states that without prejudice to exceptions to copyright, the transfer of financial rights relating to the work of computer programs, applications and databases shall be subject to the contract of the program or the poster thereof, regardless of the manner in which it appears. Or manners.
Article 13 affirms that any of the author’s financial rights shall not be transferred to the disposer if the author acts in any way whatsoever in the original copy unless otherwise agreed in writing.
Article 14 allows for the seizure of the author’s financial rights on his published work upon a court ruling against him.
Article 15 affirms that every act of the author in its total future intellectual production is absolutely null and void.
Article 16 stipulates that performers, their successors and their recommended successors shall enjoy moral rights over performances that are not subject to assignment or attachment, and clarifies the cases covered by those rights.
Article 17 regulates the financial rights of an artThe performance shall be exclusively exclusive, such as the right to leave or prevent the delivery of their performance to the public and other rights set forth in the article. It has stipulated that the conduct of the conduct must be in writing and be detailed in detail for each individual right, stating the extent, purpose, duration and place of the right. This includes any audio-visual recording unless otherwise agreed in writing.
Articles 18 and 19 detail the financial rights of producers of phonograms and broadcasting organizations and require that the disposition of those rights be held in writing in detail.
Article 20 stipulates that all provisions regulating the author’s disposition of his financial rights in law and the provisions of the Berne Convention for the Protection of Literary and Artistic Works shall apply to the actions of holders of neighboring rights in their financial rights.
Articles 21 and 22 regulate the protection of the author’s moral and financial rights over his work as well as related rights.
Articles 23 to 28 set out specific provisions for certain works and determined that the natural or legal person who is directed to create a collective work may exercise the moral and financial rights of the author alone, unless otherwise agreed in writing, and considers the author in the joint work a partner with all authors equally. Financial rights unless otherwise agreed, and no one of them may exercise the rights of copyright except by written agreement.
If the work is created for the benefit of another person, the copyrights belong to the creator unless otherwise agreed in writing. If the worker creates a work related to the activities of the employer or uses the expertise, information, tools, machinery or materials of the employer, the copyrights belong to the employer. However, if a worker does a work that is not related to the employer and does not use his expertise, information or tools to access this innovation, intellectual property rights belong to the worker, and those who have made a picture of another may not publish, display or distribute Original or copied without the permission of the owner, unless agreed Love it, an exception may be published on the occasion of the voice of public incidents or related to public figures or official status.
Article 29, exceptions to copyright and related rights, stipulated that the use of a work for specific purposes by third parties would not be considered an infringement of copyright, provided that such use did not interfere with the normal exploitation of the work and did not prejudice the author’s legitimate rights.
Article 30 stipulates that the author or his successor shall not prohibit newspapers, periodicals or broadcasting organizations within the limits justified by their purposes from publishing short excerpts of his works that have been made available to the public legally and his published articles on subjects of public concern at a certain time unless he has prohibited them at publication. Provided that reference is made to the source quoted, the name of the author and the title of the work, as well as the speeches, seminars and speeches received in public sessions of the parliaments and legislative, administrative and social bodies, whether scientific, literary, artistic or otherwise, or publishing excerpts from a work. With me or visual or audio-visual if available to the public and in the context of news coverage of current events.
Article 31 affirms that exceptions to the author’s financial rights shall apply to the financial rights of holders of neighboring rights, provided that they do not conflict with the nature of those rights.
Article 32 stipulates that any interested party may request the National Library of Kuwait to grant him a personal license to copy or translate any work or related rights without the permission of the right holder for the needs of non-commercial education or for the needs of public libraries and preservation houses in exchange for fair compensation to the right holder or his successor to be assessed by the competent court provided that The license is incompatible with normal exploitation or damages the legitimate interests of the right holder. The issuance of the license shall be by a reasoned decision of the competent minister specifying the time and spatial scope of the use as determined by the executive regulations of the law.
Article 33 was added to allow copyright and related rights holders to defend their rights through collective management.
Article 34 gives the President of the Court competent to the origin of the dispute and by order of a petition upon the request of the concerned parties to order one or more of the precautionary measures when violating any right stipulated by law as a proof of a detailed description of the work, performance, sound recording or broadcasting program. Publishing the work, performance, sound recording, broadcasting program, displaying, copying or making it temporarily until settling the substantive dispute. It has the right to prove the fact of infringement on the right of ownership. It may also reserve the work and limit the revenues resulting from its exploitation. It p I shall submit a petition to the court within fifteen days from the date of issuance of the order on a petition, otherwise I shall not consider the matter as if it were not.
Article 35 clarifies the method of appeal against the issuance of a petition by the concerned parties within thirty days from the date of issuing the order or announcing it as the case may be.
Article 36 stipulates that the library staff designated by the competent minister to supervise the implementation of this law shall inspect printing presses, libraries, publishing houses and public places, control the crimes committed in contravention of its provisions, and edit the necessary records and refer them to the competent investigating authority. Issuing a reasoned decision to temporarily close the infringing establishment for a maximum period of three months. In case of recurrence, the license may be withdrawn and the facility permanently closed. Anyone against whom one of the previous proceedings has been issued may appeal or appeal against it.
Article 37 allows the General Administration of Customs on its own initiative or at the request of the right holder to order a reasoned decision not to release customs goods that constitute an infringement of a protected right in accordance with the provisions of this law.In accordance with the provisions on border measures provided for in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights.
Article 38 obliges the library to establish a register for the deposit of works, performances, sound recordings and broadcasting programs subject to the provisions of this law. The right holder of the Dubai, artistic or scientific work may deposit at his own expense copies of the work with the library. The executive regulations shall determine the procedures and rules for such filing.
Article (39) clarifies that the Implementing Regulations shall determine the due fees and the procedures followed under this Law and its Executive Regulations.
Article (40) stipulates that the concerned parties may appeal against the decisions issued to refuse filing, registration and issuing certificates according to the rules. In case of rejection, it shall be justified within one month from the submission of the application. Article (42) states that the Public Prosecution shall assume the exclusive authority to investigate, act and prosecute all crimes arising from the application of the provisions of this law with the jurisdiction of the Criminal Department in the total court to hear all criminal cases stipulated in this law. Court of Appeal by Cassation.
Articles (43-47) specify the penalties imposed in the case of committing an offense against copyright or related rights provided for in this law, or preventing employees from performing their work.The penalties provided for in the articles of the law shall be applied without prejudice to the exceptions mentioned in the articles (31) and (32) In the event of destruction of the goods, the destruction shall be in accordance with the applicable environmental requirements. Articles (48-51) dealt with the final provisions of this law, namely the abolition of Law No. (22) of 2016 on copyright and related rights, Law No. (64) of 1999 on intellectual property rights, and the issuance of the Minister’s bylaws.
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