The previous Federal Law No. 7 of 2002 was superseded by the new Federal Law No. 38 of 2021 covering copyright and neighboring rights (New Law), which went into effect in January 2022. The New Law gives companies a more transparent structure in an increasingly digital environment.

What is the UAE New Copyright law?

The former Federal Law No. 7 of 2002 (Old Copyright Law) was superseded by a new Federal Law No. 38 of 2021 about Copyright & Neighboring Rights (New Copyright Law), which became effective in January. Given the shifting IP categories and data landscape, the new regulation resolves potential ambiguity. The new legislation contains fundamental elements that apply to many businesses, such as pictures, architectural plans, virtual art, “work for hire,” and the idea of “fair use.”

What Is Protected by the UAE New Copyright Law?

The concept of “work made for hire” was developed by US copyright law. The “author” of a work is typically the person who created it and is the rightful owner of the copyright to that work. However, according to work made-for-hire doctrine, your employer or the business that commissioned your work, not you, is deemed your work’s author and the ultimate copyright owner. The New Law introduces “Smart apps, computer programs and applications, databases, and similar works established by a decision of the Minister,” one of the twelve statutory classes of works covered by copyright. The New Law also keeps protecting more conventional works, such as written works, speeches, plays, and musicals, as well as audio and video work or audiovisual work, architectural work, artworks, applied art, photographs, charts, maps, and plans, as well as 3D modelling for architectural and geographic designs and derivative works. For any Copyright related queries, contact experts like HHS Lawyers in Dubai.

Protection of Online Data and Intellectual Property under the doctrine of Work done during Employment.

A concept developed by U.S.  Copyright law is “work made for hire.” Ordinarily, the individual who produces a work is regarded as it’s “author” and is the automatic owner of copyright in that work. But according to the idea of “work made for hire,” your employer or the business that commissioned your work—and not you—is deemed the creator and the rightful owner of the work’s copyright. The New Law states explicitly that a company will be regarded as the legal owner of a work if an employee produced it under contract with the company and the person received payment for it. In cases where an employee created work while performing their duties as an employee, if the employee used employer resources to complete the work, and if the employee did the work to benefit a third party, the business will be the default owner, barring a contrary agreement. It gives more clarity for IT businesses that hire software engineers and developers.

The doctrine of Fair Use

The doctrine of fair use, which UAE courts gradually developed to strike a balance between a creator’s rights and the idea that there are reasonable and legitimate circumstances for reproducing works, is incorporated into the New Law and allows for exceptions taking into account a global digital environment. There are the following situations when exceptions apply:

1. Reproduction is a necessary and incidental aspect of transferring the work between various parties across a media or network, or it is a step in making a legal copy of a work that has been digitally saved accessible.
2. A person who is authorized to broadcast or transmit the copyright-protected work by the appropriate party or by law is the one who makes the replica.
3. The duplicate is automatically destroyed without being able to be recovered since the replication occurs in the framework of procedures that are, technically speaking, incidental and necessary to complete a legal activity.

Landmark Judgement by Dubai Court on Protection of Online Data and Intellectual Property

Dubai court issues historic copyright judgement to safeguard BNC’s intellectual property. In a data protection lawsuit brought against “WIDA identified by,” its director and two more persons implicated in the violation. In a data protection action brought against “WIDA defined by” and its Director, along with two other parties that participated in the infringement, the Dubai Court of First Instance found in favour of Industry Networks FZC (BNC).

Facts of the Case

The defendants had been charged with violating the BNC subscription terms of service and UAE copyright legislation by utilizing it for project intelligence. The digital forensic investigation, supported by several court specialists, discovered that the copyrighted project intelligence gathered by BNC was unlawfully accessed, duplicated, and republished as their work on the website www.wida-me.com, which professes to offer project intelligence data.

To escape identification and punishment, the parties to the case operated behind many different corporate fronts. During the research, it was also discovered that the website WIDA-specified, whose ownership was hidden, was offering its services in the UAE without first registering as a local company.

Dubai Court Ruling

According to the Dubai Court’s decision, the defendants must immediately remove copyright-protected content from www.wida-me.com and make a financial settlement for the copyright violation.

The Dubai Courts’ ruling is significant in demonstrating the effectiveness of the nation’s legal framework for the Protection of Online Data and Intellectual Property. The case is a potent illustration that will give entrepreneurs and foreign companies a confidence as they attempt to start and expand their technology- and information-centric firms in the UAE, where the government concentrates on developing a knowledge economy.