EXPLANATORY MEI\10RANDUM OFTBEDE~LAWFORTHE

PROTECTION OF INTELLEcruAL PROPERTY

Literary, artistic and scientific works are the fruits of human thought and the mirror of man's character. There is no doubt that the protection of the authors' rights has become one of the strongest requirements necessitated by the current state of cultural progress and the introduction of modem techniques in printing and pUblisrung. Therefore, the protection of authors' rights and the preservation of their efforts and imellecrual innovations have become necessary in order to encourage them to continue their creative and sci entific activities.

Due to the importance of protecting authors' rights, Kuwait became a party to several conventions such as the Arab Convention for the Protection of Authors' Rights in 1986 and the founding treaty of World Intellectual Property Organization. For these reasons and to complete the basic laws of the country, the attached law has been prepared for the comprehensive and effective protection of the author through na-ionally 3pplicablo legislation.

The provisions of this law reflect significant modem JegislaLive attitudes and points ofview, and are in line with contemporary legislation and take into consideration international conventions relating to the protec-tion of authors' rights with which Kuwait is a.:ffil.ioted. The law includes the provisions of these conventions and adopts the latest solutions devised by these international conventions, notably the World Convention on Author's Rights (Geneva 1952) and its various amendments, the Arab Convention for the Protection of Authors' Rights, the Convemio!1 on Trade Related InteUectual Property Rights (TRIPIS) and the founding treaty of the World Intellectual Property Organiz.ation with which Kuwait is affiliated as per law #2 of 1998 as well as the reports of the International Committee formed in accordance with the provisions of the

. aforesaid convention for keeping pace with the developed countries which adopted these solutions after they became intemJuonaliy established rules.

The first part of the law specifies the scope of protection bu t in anticipation of future developments, does nQt limit the types of artistic \vorks protected to those specified. However, the lawestablishes a general structure and gives some examples of the common types. The first paragraph ofartic1e (1) provides thar the works whose authors have legal protection are newly created works in the fields of arts, letters and sciences irrespective of their value, type, compilation, objective or expressive style, so that this scope includes works currently in existence and works which may be created in the future.

The second paragraph of this article defines the author as the person who creates the work as well as the person to whom the work is attributed upon publication thereofin any manner that helps to identify this person. This is a legal fact that may be disproved by all legally stipulated mearu.

Aniele (2) provides examples of works, whose authors are protected tmder the law, from among those that arc common and in general use at the present time. These include computer software and databases which, in conformity with rules estnblished in accordance with inteI1llltional conventions, are cOllSidered in the same ught as literary works. It does not omit to expressly provide that protection also covers the title of the work if this is distinguished with an innovative fonn and is not a corrunon word denoting the subject maner of the work.

A.r1icle (3) provides works derived from previous works, including translated works as well as all fonTIS of existing works compiled into new forms, with protection after pennission from the original author to do so had been obtained.

The third paragraph of this article provides a restriction with respect to photographic works, nameJy that the author sbould not prevent others from taking new photographs of the thing photographed. nus restric-tion is not considered a prejudice to the rights of the photographic author. The protection of photographic work necessitates the prevention of copying directly from the Sll.lllO photographic work without permis.-sion from the author. However, it does not prevent other photographs being taken from the same place,

even if this is done under the same circumstances as when the first photographs were taken. In the second chapter, the law regulates the authors' rights. The first part of this chapter deals v.ith

general provisions. Article (4) stipulates that the author shall solely decide whether his work is to be published and how it should be published. He also has the right to utilize it financially and the article prevents third parties from using this right except under prior written permission from the author or his successor.

Article (5) states some ways in which a work may be utilized financially, namely its reproduction and presentation to tbe public through public performance, translation. modification, surnm.arization, explana-tion and amendment into any other form. It is W1derstood that these forms are not mentioned in this article merely as examples.

Art'ide (6) states some of the author's literary rights relating to his work. It stipulates that he is solely emitled to have his work attributed to him. He and his successor have the right to object to any modifica-tion made by third parties to his work wi thout permission from him and it also states the exceptions thereof.

On the other hand, micles (7) to (11) describe situations when the author is deprived of the right to object to the utilization ofrus own work by third parties even if such utilization is made v;ithOl..lt his permis-sion. It is may be noted that these 5ituations do not conflict with the author's rights relating to his work be-cause they do not imply a material utilization or infringement of his literary right. However, they are in harmony with the narure of this right which aims to promulgate culture in general, such as musical play or acting in a private meeting which does not yield a financial benefit or where the reproduction is done for the private use of an individual or by a public library or registered non-commercial house provided that the re-production is limited to the fulfillment of its needs and docs not harm the ordinary utilization of the work, or the presentation, quotation or analysis of the work [or the purpose of criticism, stUdy or information, etc .. . provided that the reference and author's name are clearly mentioned. However, the author shall solely have the right to publish collections of his speeches or anic1es as stipulated in article (12).

After the law has stated the authors rights during rus life, it clarifies the cii.sposition of such rights after his death . Article (IJ) thereof limits the passing ofmaterial utilization rights to his heirs and obliges them to comply v-tith any contracts he may have concluded with publishing houses or to comply with his will should this prevent publication or set times or conditions thereupon. In the case ofajoint work, it provides for the passing of his share to the remaining authors in equal shares ifhe has no heir or legatee and it is not agreed otherwise in writing.

Then the law deals with the case when the heirs of a Kuwaiti author do not publish the work of their leg-ator nor republish it. Where the public i.nterest necessitates publjcation of the work, article (14) entitles the Minister ofInfonnation to request the heirs to publish the work by registered Jetter. If the authors heirs or his successors insist on refusing to publish the work, the Minister shall be entitled to have an order issued by the president of the Court ofFust Instance to hand the work over to him for publication. All this shall be without prejudice to the right of the author or his successor to fair compensation.

Article (15) of the' law provides special provisions concerning performing artists such as singers, musi-cians and dancers as practical reality reveals that the drawing power of some performing artists exceeds the attractiveness of the author of the work. Indeed the mists may be the basic reason why a work is popular and the public is attracted to it.

Whereas the authors financial rights to his work is temporary by its nature, articles (16) and (17) of the law state when the period of protection for all types of works expires. Article (16) provides for the expiry of the author's right of protection and the rig.ht of the person who 'translated his work into another foreign language in connection with the translation of such a work into Arabic if the author or the translator does not exercise this right within five years from the date the original or translated work is first published . However, the Mnister of Worm at ion may license the translation of the work into Arabic or the publication thereof one year after the date the original or translated work was published for the first time, provided to a fair compensation is paid to the author or the person to whom the translation rights have passed., for the purposes of promUlgating culture and the benefits society can acquire from r:very innovative and creative

work. The first item of article (17) states the general rule relating to the period of protection, namely that it lasts

for the author's life and fifty years from the dale of death of the last sumving author. In both cases, the per-iod shall start as of the end of the caJendaryear when death OCCUlTed . The second and third items oft his article provldc for another date for the commencement of the period of protection in connection with some works. The law here takes into consideration the public interest and gives it priority over the author's interest in vlew of the nature of the work or the conditions an ached to its publication or where the author is an artificial person. The second item of this article considers the first date of publication to be the time from which the fifty-year period should be calculated and after which the right of utilization shall expire In connection with works published under an assumed name or v .. ithout mentioning the author's name unless the author is known to the public under his assumed name or unless the author discloses his identity. In this casc, the provisions contained in the first item hereof shall be applied to him. This is also applicable to works where the entitled person is an artificial person. This is also the case in connection with cinema works, photography works, applied arts, computer software, databases and the works that are published for the first time after the death of their author. The third item considers that the end of the caJendaryear for such work!; is the commencement date for calculating the fifty-year period fo r the expiry of protection in the case ofperforming artists and the end of the calendar year during which the recording was made in the case of producers of cinematic works or works prepared for radio or TV The fourth item provides for a shorter protection period in connection with the prograrrunes ofbrondcasting centers, ie twenty years to commence as of the end of the calendar year during which the work was first broadcast.

In the second chapter of the second part, the law deals with some works that require special provisions such as ajoint work that is compiled by several persons whereby the portion of any of them cannot be separated from the share ofthe others. Article (18) provides that all the authors are considered as having equal rights in such a work unless it is otherwise agreed in writing. It prevents them from exercismg copy-right in such a work except under their unanimous agreement. other than for taking precautionary and im-mediate procedures and for making a claim for compensation for the damages incurred because of in-fringement, and it provides that the court offirst instance is competent to decide any dispute berweeTI them in this matter.

However, ifit is possible to separate the share of each author, article (19) provides that each of them is .eoti tled to utilize the part that he solely contributed, provided that this shall not affect the utilization of the joint work unless it is otherwise agreed in writing.

Due to the fact that one element ofajointly compiled work may have special predominance or impor-tance in relation to the other elements, article (20) entitles the author of the musical part only of the lyrical WOrks, such as opera and operettas, to ucense the public performance of the joint work in whole or the execution or publication thereof It also entitles the author of the literary part to utilize his own part pro-vided that he shall not use it as a basis for another musical work unless it is otherwise agreed in writing. Article (21) entitles the designer of movements in joint works which are performed in the fonn of move-ffients accompanied by music, such as ballets, sho\'/S and sport games (if accompanied with music), to license the public performance, execution or shooting of the wholejoint work and grants the composer of the musical part the freedom to dispose of his part provided that it is not utilized in a work similar to the joint work unless it is agreed othem'ise in \l.TIting.

After article (22) specifies who is considered to be a partner in the creation of cinematic work or a work prepared for radio or TV. Article (23) provides that the author of the scenario of this work and the person who amended the literary work and the director are together entitled to present it despite the objection of the music composer, without prejudice to the rights resulting from participating in the composition. The second paragraph of the article entitles the author of the literary and musical parts to publish his work in any other manner unless it is otherwise agreed in writing. Article (24) deals with the case \>,hen a partici-pant in the compilation of one of these works does not complete his own part and deprives him of the right to object to the use, by the other participants, of the part which he has already completed so that his ob-jection, which may be ungrounded or unimportant, does not result in the suspension of the artistic work or in gross materiallosscs which :lIe not compatible with the reusonsfor tho objection.

l:jecause the production of visual works necessitat e.s its producer's presentation thereof without intezfer-ence from the authors who have interests in the same work, article (25) defines the producer of cinematic works or works prepared for ramo or TV as the natural or artificial person who completes or assumes re-sponsibility for such completion or the one who gives his authors thereof the lTIll1erial and financial means necessary for such completion, and then grants him all the publishing rights as their attorney as well as their successors' anorney with respect to the presentation and utilization thereofunless it is otherwise agreed in writing.

Article (26) provides that a coUective work is a work that is created by a group under the supervision of a natural or artificial person whereby the contribution of each participant cannot be separated nor distin-guished, such as dictionaries, encyclopedias and thesauruses. In this case, only the person who supervises

th~ innovation of the work and compiles it shall be entitled to exercise the rights of the author. Article (27) of the law provides, in connection with a work created by a person for the account of

another person, for a provision contrary to that reI ated to the collective work. In the case of a collective wor~ the contribution of each participant to the work is mixed with the contributions of the others and thus cannot be attributed to one of them only. Therefore, the law decides that it is to be attributed to the natural or artificial person who directed and organized the innovation of the work. As for a work compiled by a specific person, even when under the supervision and for the account of another person, the character of the author shall remain clear and evident in it and therefore the work shall be attributed to the innovator as a general rule unless it is otherwise agreed in writing.

Article (28) of the law contains a legal fact that the publisher of works made under an asswned name or works which do not bear the author's name is considered to be the latter's attorney with respect to the exercise ofhis rights thereto.

Aniele (29) of the law contains some provisions relating to photography. It lays down a general rule that a photograph may not be rusplayed or published or reproduced without a wrinet1 consent from the person who is photographed, unless the photograph is published on the occasion ofa public event or is rdated to officials orweU-known persons or if the authorities permir publication in order to serve the public interest, unless such an act affects the honor or reputation of the person photographed.

The third part of the second chapter of the Jaw deals with compiJation rights. Article (30) provides for the right of the author to transfer the right ofuti.lization to third panies as referred to in articles (4), second paragraph, and (5) of the law. It stipulates that, in order that the transfer be valid, each right that is subject to transfer, and its extent, purpose and its place and period of utilization must be stated in writing. Writing here is the basis of validity and not just a means of probation. The law, in the last paragraph of this article, obliges the author to refrain from any act that would impair the transferee's utilization of the transferred right. The fifth paragraph provides that the provisions relating to the author's assigrunent of his rights in accordance with the provisions of this law apply to performing artists. Artic:le (3 I) also pennits the author to dispose ofrus rights relating to the work on the basis of a sharing of revenues and treats the case when an agreement is unfair to the author's rights with a provision necessitated by consideration.s of justice and which is considered a deviation from the general rules of contracts, on the basis that an author is usua.1J y ignorant of the relationship existing between him and the publisher orthe presenter panicularly ifhe is a rising ornew author.

A!, the literary rights stated in article (4), first paragraph, and article (6) oftbe law are personal rights of the author, the law explicitly stipulates in article (32) that any disposal thereofis invalid. It also states in arl-iete (33) that the author's disposal oOlis total future intelJectuaJ output is invalid.

If a work is a single original work of art, the law is keen to provide explicitly in article (34) that the authors disposal thereofcannot transfer his rights to the transferee but he is not entitled to oblige the latter to enable him to reproduce an original copy thereof or present such a copy unless they agree olherwise in writing.

The Jaw docs not omit to entitle the author alone in article (35) should serious reasons arises, to request the COW1 ofFirst Ins tan co to order the withdrawal of his work from circulation., despite the dispos.aJ of his

right of ut..ili:zation, In considcraLion for 3. compensation to tile transferee for any resulting lTh11erial damages The author must pay the compensation as ruled by the court in advance wilhin a speci..li~d period before the actual withdrawal of the work. IIthe author does not pay the compensation within the specified period, the judgment ordering withdrawal shall be made invalid and the work may be put into circulation !\Baln.

In t he third part thereof, the law states the precautionary procedures and penalties that euarantec the protection ofthe author's rig.hts in an efficient and quick manner. Article (36) permits the author and his successor to request the judge of SunuTIill)' matters in the COWl offirst instance to order the adoption of all or some of the protective procedures specified should his right to publish the work or show it be infringed without a written permission from the entitled person. These protective procedures arc of two types:

The fust type: This is intended to prevent damage resulting from the in.fringement of the author's rights, ie the prevention

of fuMe damages. This type includes the foUowing procedures: Detailed description oflhc work, suspen-sion of its publication, prescntation or manufacture, recording ofa public performance with respect to a compiled music or act or preSCI1l.J.t.iorr, and prc'/cflUn8 the continuation of the e:xist.ing show or its prohibi-tion in the future

The second type: Thi.s is intended for the assessment of the a.ctua.l damages resulting from the lnfringement and adopting the

procedures tluit would preserve the author' 5 rights by eliminating of such damages. These types of proce-dures includes attachment ofthe orig:inal work or its copies as well as the materials used for reproduction thereof and assessment of the revenues resulting from publishing or showing it by an expert delegated for this purpose, with attachment of these revenues in all cases. The ordering judge may oblige the applicant to deposit un appropriate guara~'1tee to ensw-e the seriousness oftbe application.

This article also obuges the concerned party to tile the original dispute with a competent court within eight days folJowing the issuance ofthc order, otherwise the order shall be deemed null and void.

Article (37) provides that an appeal may be filed against an order issued in the cases stipulated in article (36) before the judge who made the order who may rule for confirmation of the order or amendment or cancellation thereof and appoint a receiver for the disputed work.

Article (J 8) mentions some procedures by which the tri al cOW1, upon referral of the original dispute and upon the request of the author or his deputy, may order the copies of the work unlawfully published and the materials used for publishing it be destroyed or that its features be changed or it be rendered unusable . However, it made an exception for this in the circumstances when the author's right expires less than two years after the date the judgment is issued. instead of this, it permits the court to rule for confirmation of precautionary attachment for fuLfillment of the compensation filed in favor of the author. This exception ne~essa.rily includes the case ofa work translated into Arabic in violation of the first paragraph of article (16) on the basis thar rhis violation is not so serious that it necessitates ajudgment for destruction. The second paragraph of the article provides that the amount of compensation granted to the author shall have a lien over the sale price of the attached items and money for fulfillment thereof The only lien that shall have priority over it is that of the judicial expenses to preserve, maintain and collect such amounts.

Article (3 9) provides that attachment may not be imposed on the author's right to publish his work. The right that may not be attached is the author's financial right. Concerning the literary right, it is well estab-lished that it rmy not be subject to anachment or disposal thereof because it is one of the rights attached to personality. The proyjsion that attachrr..ent of the financial rights may not be imposed., although it is dispos-able by nature, is considered a deviation from the general rules so that the o.uthor is not obliged to publish his work involunuuily through an.a.chment in violation of his literary right. If the author voluntarily decides to publish his work and had done so, his literary right shall expire and only his financial right remain~ ie the copies that were published and are possessed by him. Therefore, this article expressly provides that these copies may be attached. However, the author's financial right related to works where he has died, before

IPlNlllK\VT/C/l/Rev.l Page 4

Tr-anslators' Note Translating from lu-abic to English is-fraught with difficulties even for the most erudite ofbilingualists, the more so when the text being translated is a legal document,. because the two languages differ markedly in their grammatical and syntactic structures. A word-for-word transl~tion sel-dom makes sense. In the attached translation, the translators have avoided a literal translation to the extent necessary to make the meaning, as un-derstood by them,. clear.

Disclaimer 'While every care has been taken in the translation of this law, the transla-tors and Kuwait Publishing House cannot assume any legal responsibility for the accuracy of this translation. No responsibility for loss or damage occasioned to any person acting or refraining from action as a result of the material in this translation can be accepted by the translators or by

. Kuwait Publishing House.

Copyright Apart from any fair dealing for the pu~oses of research or private study, or criticism or review, as perinitted under Law #64 of 1999> this transLa-tion may only be reproduced, stored or transmitted, in any fonn, or by any means, with the prior written permission of Kuwait Publishing House.

Caveat The pubIishers strongly recommend that persons with legal queries or problems seek qualified legal advice without delay.

IPINIIIK.WT/ClllRev.l Page 5

r. O. nox: H13 SAFAT

lsOO2S:AFAT. KUWAIT ""CABLE' ALlRsHAD

TEL. ; 2415501

;:; .... fi 13002 . f"'!." :,...; ~\.;)'jl , l,.J..r(

TELEX : Mi U3!o Rf.

r' -- ,-" -1.';/>( T \('), , 4~'

M(NISTItY 0.' INFOltMATIOl'l STATE Of KUWAIT

--

rssviSbnN 11 Df'C. J'I,54 ."4. KUWAIT

At Yr".>U"~ I I T:IE wE!':iI

I Of. fr~fORMr1TION L -____ . ____ ....1.-__ _ ._1

CABlNET

LAW NO 64 OF J99Q

CONCERNfNG

fNTELLECTl)Al PROPERTY RlGHTS Ila'.:ing considered

The Ct}l1stitution. The penal code promulgated law No 16 of 1961 and Jaws amending thereto. the panel procedures and trial promulgate.:i issued under la'll" INa J 7 (if ]900 a.nd laws amending thereto

Law !YD. 3 of 196 I on publications and printed matters, pub!ica:tior. and nIl amending laws,

The Civil and Commercial procedures law promulgated under dec~rec law No 18 of 19~O and the laws a.mending thereto,

Ttie Civil Utw promulga.led under decree law No, 67 of )980 amended 'hy law No, J 5 of 1996,

Law Na.16 of 1996 sanctioning the .P.rab Convention of the protection of Authors' Rights,

Law No.2 of1998 sanctioning the affiliation of the State ofKuwai!t.() world Ii1tellE':ctual property Organization Treaty,

The National Assembly has rectifying this law and we sanctjon~d and promulga.ted the same>

IPfN/lIK.WT/CIl/Rev.l Page 6

First SecfiJ)1t SC(Jpe of ProlectiO}l

Article (J} The' authors of newly created literary works of ans, letters and science sliall be undcr:tfle protc-.ction hemof irrespective of the value. type objective or expressive style ofthese litctmy works.

An .author means the person who creates the literary works, or to whom the lit~ry work is attributed upon publication thereof whether by mentioning his name onthe literary work in any other manner unless there is evidence to the cOntrary.

Arlide:W The protection shall covec following literary works in particular: (a) Written literary wOTks. (b) Lirer{try works delivered orally. such as lectures, speeches, religious sermons

and the like. (c) Theatrical1iterary works and musical plays (d) Mus.loalliterary works 'with or without songs. (e) Literary w'Orks petformed by means of movement or steps and mainly pr~pared

for direction, (f) Movie literary works, and audio, video and radio literary ", . .'orks, (g) Painting and literary works depicted by means of Jines, colors; and diag.rap-rs.:as

well as literary works of architecture. sculpture. arts carving and decorafions .

. (h) Photographic literary works. (i) Literary works of applied art, including craft or industrial designs. U) Illustrations, geographic maps, design, plans and modt\15 relating to goography.

topographY, architecture and science. (k) Computer literary works including software, databases and tIle like. 0) Derived and translated literary worh. The protection also covers the title of the literary work if this is created and it is not (\

~ . ."

oommon expression that ind.icates the subject matter of the literary work. d.!ticle (3)

The protection shaH also cover those who, under pemlission form the author, have tram~la!ed the literary work into a.nother language and those ,>rho have summo.rized. amended. or explained such literary work or carried ont any other act that gives such

literary works a new shape.

The protection prescribed in the previous paragraph does not prejudice the protectiDn of the origina] author oftbe lirerary work.

IP INIlIKWT /CllfRev.l Page 7

However. the rights of an author of a photographic literary work shall not entail to

prevent other form taking new photographs of the photographed object even if these new photograph are taken in the same way and in the same genera! circumstan.ces as the first photographs.

Seconcfectjt!.!1. A ulhor's RiC'.!!!l. Fj1'.~t OU!ll!er - Gcnerff!....frevqions

I'll"!; d e .f.1.1 The author ~ball have the right to decide the publication ofhis literary work and to --determine the manner in which the sa:ne shall be published.

The author is solely entitled to utiiize his literary work financial1y~n any manner IlJId lhrrd parties may not exercise this right unless under prior written permission for him or his successor

;If r:..tf.fl e (,21 The. auth()t':- right of utilization include~ the following' (a) The reproduction of the literary w6rk in whatever form. (b) The presentation of the literary '\>voric to the public through public performance.

theatrical performance, radio transmission, TV or cinema show~ or by any other means.

(c) The translation of the literary work into any other language or iLo; an1endmt::nl... summarization, explanation or modification into any other fonn

Ar!.f..cle @ The aUlno;- shall solely be entilled to have his lilerary work a.ttributed to him, unless the

literary work :5 mentioned incidentaliy during 2 radio or TV presentation.

The author {)r his plivate or public successor shall have the right to object to or pn: .. 'Venl. any deletIon.. change, addition or modification to his literary work without his

pe.rmISSlon.

The modification of a translation or alternation or development of a lueiai)' ",,!or).; into . c\J;ol.her form shaH be excepted [roni the provisions of the previous paragraph i..;nic~:.; sucb 3n a(;'1 pr~iudices the author's reputation, honor, academic or artistic standing or denigrates the content of the literary work .. and in all cases the translation, altoration or

development must contain reference 10 the fact that it is a modification ttl the original

After publjshing his iiterary work The 3.utroT. may not prevent th

IP INIlIKWT IC/IlRev.l Page 8

Article (8) . If a per~on reproduces a. copy of a published literary work or translates it or quotes ii-om it modifies it in any other manner fOT hLS personal usc. The author mRy not prevent him from doing "Q. Howevc-r, such a literary work may not be published except under pcrrnission from it5 owner and the author.

Al'ticlt;.JPl After publishing rns literary worl the author may not prohibit the same analysis and

short qllotations from it where the pu;pose thereof is criticism, enlightenment, study or

infurmation, provided that the reference to the orif,rinalliterafY work and the author are

dearly mentioned.

jrti.cle 001 Newspapers, periodicals, radio, TV and other mass media may use, \vithout tllC author's

pe-rmission, articles relating: to the poliIical, economic Of religious discllssioli!; whic1) preoccupy the publish opinion at a specific time as long as the quoted original (loes nor c.o:1tain an explicit provision expressly prohibiting such quotation.

\\.'hen a qnotation is cited or published. a reference to the literary work and the author's

name must be clearly mentioned.

Article (11) Newspapers, radio and other mass media may, without the 8.1.ltho(s permission, publish and broadcast by way ofinfonnation, speeches, lectures and discussions given at public sessions of the legislative and administrative chambers and se-ienliiic, literar.y, artistic.

political, social and religious !l1eetings and long as these speeches, lectures and

discussions are addressed to the pubI\e. Judicial pleadings held in public may also be -published without thp. author's permission.

ViiLhin the limits allowed by lo\.v

:1 r(jcle.1111 . in the oases provided for in the prevlous t\.vo anicles. the author shall hiive also the right

to publish COilCCliQns of his speeches and anicJes.

tirade, un The author's heirs are soleJy entitled. TO exercise the rights to flnancialiy utilize a iileriifY

work in the manner provided for in th.e law taking the folloWIng into account

(a) Should the author had entered i:1to a written contract with third parties concrnmg the use of his literary work_. hlS contrR.ct IOU:;:t ot'- execuled in accordance with jtS provision!).

IP /N/IIKWT/C/I/Rev.l Page 9

(b) Should the author have made a "",iIi preventing publication or :specifying ~ dalt thereof or other conditions, his wi!( should be executcci.

(c) Shouid one author of a joint !iterary work dies and there is no heir or f..'{t;'Culor. his share shall equally pass to the remaining authors unless there ($ a writlen agreement to the c-Ontrary.

1rtide (l4) Should the heirs or successors of it Kmvalti author donot. publish a literary wnrk or

republish the same and the Minister of lnformation deems the publication of the litcHlr)' work is in the publish interest and they fail to publi sh the literary work w!1hin one yeal

of the date th

IPINIIIKWT/C/IlRev.l Page 10

First: Upon the lapse of fifty years after the ciea.th of the author. This period sha.li b~ cak~J lated in the case of joint literary works as of the date of death of the lfist 5ur.!iving author. specifically al> of the end of the .calendar year in which the death occurs Second: Upcn the lapse of fifty years as of the end of the publishing calendar year in

which the literary work is published with respect to the following literary works: (a) Literary works, which are published under an assumed name without "he author- s

name unless the author reveal~ his identity during this period eH his troe f!ilm~ becomes known to the public, in which ::ase the said period will t!;qlirf as c~)l1t(t:n\.'zl in fIrst item.

(h)Literat:'y works in which the entitled person thereto is an artificial person (c) Cinema liti:rary works, pho'tographic liTerary works, applied arts, c(lmpute~ softI..Viirc'

and databases

(d) Literary works that are published for the first time afler the depth of lhci, aut.hors Third Upon the lapse of fifty years so of the end of the calendar year dll!"i ng whj ch HH; pcrtormanc.c was ma.de in the Ca5e of:l1e actors a.."ld as of the end of the caJenct

d[ticTU'J 91

IP INI1IKWT /CI1/Rev.l Page 11

Shouid more than one person has cont6buted to the composition of a Literary WOlf;. -:;0

that tne part made by each C

IPINI1IKWT/CI1/Rev.l Page 12

4rticle illl The author (if the scenario and the one who adapted the literary work and the 8\1tk)( or l.h~~ dialogue and the director sh!l.ll together have !he right to display !hc movie or lhe jil.erary work prepared for radio or tv despite the objection of the author of the origir,!d literary worh or the music composer, without prc:judice to the rights ofthe. objector

a~sing from his contribution of the compilation fhe author of the literary or musical pan shall have the right to publrsh his part of the

li1.erary work in another manner unless agreed othe[\~".ise in writing

J.rric;le (24) If one of the lJarticipants in the compilation ofa musical literary work or 3.1i(cnHY work prepared for radio or TV did net compleJ.e his own paf1 or could not do so bccau5~ (1f c:rcum.')tanoc~ beyond his control, he shan not be entitled to pI event tht other pltrlicipunrs Crom llsing the part which he ha5. already completed:ano he :::n.:::!i be

i

consid.ered the author of the porLion of the pan he has completed and shall have proporlionate rights.

drlicl(' (25) The producer or a movie literary work or a literary work prepared fOi radio or TV shali he !he natural or artifici~l person who assumes the complelion thereof or \~Iho assumes responsibility for such completion or who provides the author of the literal\' work With

rhe necessary material means for oompletion of the literary work.

[n al1 cases, the pi'oducer shall considered as (he publisher of the literary wcrk and $hail have all the publisher's rights.

DUling the period of utilization agreed upon the producer ShEdl be legal representative of the suthor of (he literary work and his successors vvith respect to any agreement on tk showing or utilization thereof without prejudice to the rights of the authors orihe: liter-ary or musical literary works unless agreed oiherw1se in writing.

Ar1!cIe (26) A collective is a literary work that is created by a group under the dj,enions of a natural or juristic person whereby the literary work of each panicipant can neither be separated nor distinguished.

The person who directs the creation of this lite;-ary work and organizes it as a complied

1 !tcrary work shaH be soJeJy entitled to exercise rhe author's rights.

drride.flJl It the liter3.rv work is innovated reT the aCCQum of a naTural Of juristic peTson. the autbor's rights shall be attributed to the invcnlor unless an agreement i.n writing

provides otherwise

d!1l.f1!fl..l

IPINIlIKWT/C/IlRev.l Page 13

Concerning literary works under an assumed name or which do not hear the autho[~: r.amt'. Ihe publisher whose name is registered on the Iirerary work shall be c0113iderr.d :1,; authoriz.ed by tne author to exerci se his rights as prescribed in this law herein unless the contrary is e5tablished.

ArticfeJJ9} The person who takes photograph!> is :tot entitled to show, pubTi~b or distribUte lflt' original or copies thereof without the pe1mission of the persons whom he photographs Ul11es!; it i!-> ag('eed otherwise in wrllina

- ~.

Thi-; provision shall not be effective iflhe photograph was published in collnection Wilh

accidents which took place publicly or which are related to public offrcers or wrtl-known public persons or if the publication thereof is permitted hy the public aUlhorjrle~ in the publjc interest. I iowever in such cases, the photograph may not be show'!l or circulated if such an act would impa~r the honor, reputation or dignity of the person who is ihe subje

IPINIlIKWT/CI1 lRev.1 Page 14

d!!ic:{e ell The author';, disposal of his rights to the literary work whether wholly or partially may

be done on the basis of a proportionate sharing of the revenue!\. re'>ulting from the Htiilzalion or on another basis.

Howe"er, if it is found that the agreement is unfair to the right~ ofEhe amhor \)f rf it becomes so as a result of circumstances occurring after the contract date, the Ci.)ur.., laking the circumstances into account and after baiancing the imeresu; of both partie~ may rule thAt part of the net profrt rc!\Ul-ring from utilization nfthe li1crary work be- paid

i() the amnor in addition to the agreed amount. t!itic[ejJlJ..

Each disposal of the rights provided for in the two arLicle (4), first paragraph.. and (6) h(~re

Firs! Detailed description ofthe literary work.

IP/NIlIKWT/C/IlRev.1 Page 15

Sec(mc1: Suspension of the publication. presentation or manufacturing {)flhc liierary work

'fhird : Imposition of attachment against. the original literary work or it); copies or th~ rnateriRl used for republishing this literary work.

Fourth Arceo rding of the public pertoimanc.e in connection 'with a copyright me ludy . acting or presentation of a literary work to the. public and prevention Cit" ihc c:cmtin:lance of the existing show O! piohibition thereof in the future

Fifth: Calculation of the revenues resUlting from publication or performance by an expert delegated for this task :f necessary and the imposition of attachment a.gainst such revenues in all cases.

The judge of summary actions 018) order that an expert be delega.ted to aS~lst the e~ecution office and order the plaintiff to lodge an appropriate bail. The applicant shall file a case in ~ competent court within the eight days that follow the deljyery of the order. If the case is not flied wlthin this period, all matters connected thereto shall be deemed null and void.

&!..~icl(! (Jll , Thc; party whose application W2..5 rejected and the one against whom the order W;lS dcli\'ercd may object to such an order betore the judge concerned and this doe~ nm preclude the fiHing of the onginal case before the COUlt. Objection shall be; made Hsing the ordinary procedures for filing a case Such an objection must bejustified oihl":)'Wi!\C it will benull

IPINIlIKWT/CIl/Rev.1 Page 16

features D1 the caples ar..d the materials or ma.ke them unusable, at the respoflsible pnriy's expense. However, the court may, if the author's right shall expire after jess [han tVIO Ye.3TS as of the date of the judgment is to be issued, and subject to non-prejudice lu the author's rights as stipulated Tn articles (4) and (5), item C and (01. first paragraph, replace the judgment for destruction or changing the features to a judgment flif wnflrmation of precautionary attachmer:t for satisfying the compensation oTdc::;o in

favOr of the author, however, no judgment may be issued for destruction changing the re~tllres, if the filed dispute relates to a translat.ion of some literary work into Arablu in a way that violates the provision of anicle ( 16), first parClgraph. The judgment she:! l he limited LO confirmation of precautionary attachment of the traoslated literary worK !f1

sl:!ti1ifaction of the compensation adjudged by this court in favour of the author. In ull cases in connection with the deb1 due to him ariSIng form his cntillemcm ll' compensation. the author shan have a 1ien on the nct sale price of the items end the

mOTley aHRched fOT fulfillment thereof The only lien that shall have plic:rity \JY(,:f the::

said lien is the court costs and nay ex.penses incurred in preserving and me.inlaining >;uch

items and in collecting such fitnds.

d!-1if!~f121 The author's rigbt may not be subjccl to attachment but copies of the pubJished lilcrafi'

work may be subject to attachment This provision covers literary works whose ().wm:r died before [lubiication thereof unless it is conC!u!\iveJy proved tha.t he intended cU puhlish i1 before this death.

Artifle [4Ql Buildings m",.Y nDt be :,"Ubject to attac.hment and no judgment m?.y be made fe)r lhe destn:.ction or confiscation thereof with the intention of preserving 1ht: rights I)i' gO

C:\n~hitcctural author whose design and drawings may have been un)a ... ,.rfully utilized

When an infringement occurs agrunst one of an author's rights as slatud herein. lhL:

author shall be entitled to compensation.

Second Cltap~g,. - Penalfie. Article (42)

Any person \.vhn:

a- infringes rhe author'S rights as provided for in articles 4,5,6, first !)al'agraplt and 12 hereof

b- Sells or offers for sale or c.ircuJates or broadcasts to the public in a.ny maImer or

brings in or takes OLlt of the country any imjta:1ed literary work

IPINIlIKWT/CIl/Rev.1 Page 17

v Disclose Of facilitates the disclosure of computer software bei-ore p~\bljcnli~y, of the same, or

d- Removes or participates In the removal of a property rights that rCg'J1GlZ':'; or

limits public access to literary work or the performance Of the lran~mis

IPINIl/KWT/C/IIRev, 1 Page 18

from rne dare of the incident specirying the start of period eff'ecti veness t!1! the date 0 r operating this law,

The provisions of this law shall be effective