Categories
Copyright

Saudi Arabia: Copyright Country Profile

Current Copyright Law:

  • Royal Decree No M/41 of 2003 Issuing the Copyright Protection Law [نظام حماية حقوق المؤلف]: Arabic Text.

Previous Copyright Laws:

  • Royal Decree No M/11 of 1989 Issuing the Copyright Protection Law [نظام حماية حقوق المؤلف]: Arabic Text.
Categories
Copyright

Bahrain: Copyright Country Profile

Current Copyright Law:

Previous Copyright Laws:

  • Law No 10/1993 on the Protection of Copyright: Arabic Text

Photo credits: “Explore Bahrain” by Maryam Abdulghaffar – CC BY 2.0

Categories
Copyright

Qatar: Copyright Country Profile

Current Copyright Law:

  • Law No. 7 of 2002 on the Protection of Copyright and Neighbouring Rights [قانون رقم ٧ لسنة ٢٠٠٢ بشأن حماية حق المؤلف والحقوق المجاورة]: Arabic Text.

Treaty Membership

  • Arab Copyright and Neighbouring Rights Treaty [الاتفاقية العربية لحماية حقوق المؤلف والحقوق المجاورة] (Accession in 2015)
  • WIPO WIPO Performances and Phonograms Treaty (Accession in 2005)
  • WIPO Copyright Treaty (Accession in 2005)
  • Berne Convention for the Protection of Literary and Artistic Works (Accession in 2000)
  • Arab Copyright Treaty [الاتفاقية العربية لحماية حقوق المؤلف] (Ratification in 1986)

Previous Copyright Laws:

  • Law No. 25 of 1995 on the Protection of Intellectual Works and Copyright [قانون رقم ٢٥ لسنة ١٩٩٥ بشأن حماية المصنفات الفكرية وحقوق المؤلف]: Arabic Text.

Photo credits: “Qatar’s National Day (4) – Explored” by Mohammed Almousawi – CC BY 2.0

Categories
Copyright

Oman: Copyright Country Profile

Current Copyright Law: 

  • Royal Decree No 65/2008 Issuing the Copyright and Neighbouring Rights Law [مرسوم سلطاني رقم ٦٥ / ٢٠٠٨ باصدار قانون حقوق المؤلف والحقوق المجاورة]: Arabic Text + Amendment (2008)

Previous Copyright Laws:

  • Royal Decree No 37/2000 Issuing the Copyright and Neighbouring Rights Protection Law [مرسوم سلطاني رقم ٣٨ / ٢٠٠٠ باصدار قانون حماية حقوق المؤلف والحقوق المجاورة]: Arabic Text
  • Royal Decree No 47/1996 Issuing Copyright Protection Law [مرسوم سلطاني رقم ٤٧ / ٩٦ باصدار قانون حماية حقوق المؤلف]: Arabic Text

 

Categories
Copyright

Yemen: Copyright Country Profile

Current Copyright Law:

  • Law No. 15 of 2012 on the Protection of Copyright and Neighbouring Rights [قانون رقم ١٥ لسنة ٢٠١٢م بشأن حماية حق المؤلف والحقوق المجاورة]: Arabic Text.

Previous Copyright Laws:

  • Law No. 19 of 1994 on Intellectual Property [القانون رقم ١٩ لسنة ١٩٩٤م بشأن الحق الفكري]: Arabic Text.

Photo credits: “Antonia Yemen 2001” by lelebella – CC BY 2.0

Categories
Copyright

Copyright Exceptions in the UK

The UK government has announced its plans to widen the scope of copyright exceptions in its law, to allow the public to copy more works without the need to acquire the permission of the author.The copyright law is not meant to provide authors with an absolute right over their creations, but it aims to provide them with sufficient rights so they have an incentive to create new works, and have these rights balanced against society’s right for fair access to these works.

A lot of people around the world believe that copyright law has lost touch with the reality of how the public consumes copyright works. However, due to the influence major corporations have over many of the legislative systems around the world, the copyright law has continued attempting to impose more and more restrictions on how copyright works can be used by the public, even if these rights are rarely respected.

In a move uncommon nowadays, the UK government has announced that it plans to issue a new legislation that will reduce the scope of protection of copyright law. This will provide users with more rights for using some copyright works, without the need to acquire the prior permission of the owner of the copyright.

The UK copyright law already has some exceptions to copyright protection, such as those that allow users to copy some works for criticism and review, and those that allow copying for the purpose of private non-commercial research.

The new copyright exceptions to be introduced by the UK will allow copying for a number of different purposes. One of these exceptions will allow the owner of a legitimate copy of copyright work to make additional copies of that work, to be able to use the work on a different device.

Another exception will allow copying a work to create a parody or caricature. Some of the new exceptions will expand the scope of existing rights such as the exception for private study and research and the exception for reporting news and current events.

Some of the ‘soon to be legal’ acts emphasise how ridiculous the copyright law currently is in some instances, such as the fact that an explicit exception has to be included in the law to allow a user to rip off music from a CD he legally bought, to play that music on a portable music player. Creating such a copy without permission from the author is technically an infringement of the current copyright law, even though nobody ever got prosecuted for it.

The introduction of these new exceptions is a positive move for the development of copyright law in the UK, but it will not solve many of the other more serious problems with the copyright law. These include the fact that protection is granted automatically to all works created by anyone, regardless of whether or not the author desires to have that protection, the fact that the protection lasts for an unreasonable amount of time, and the unnecessary and ineffective protection of technological protection measures applied to copyright works.

It is also worth noting that legislative changes to the UK copyright law will still not provide the UK with a general copyright exception similar to the fair use principle found in the US. The US fair use exception is a general exception that allows the judge to look at the nature of the copying instance and then decide, based on its facts, whether or not the usage is fair. The UK exceptions will not allow the judge to excuse an instance of copying, even if it is fair, if that specific use is not explicitly mentioned in the law.

Even with all the limitations of the soon to be introduced exceptions in the UK, the fact that copyright law is being changed to become less restrictive is a good development for copyright law. Unfortunately, the law in Oman is similar to the UK in its restrictive nature and does not, in fact, still allow for many of these exceptions proposed by the UK government. It would be helpful if we can learn from their experience when we consider updating the law here.

Categories
Copyright

The Real Victims of Piracy

Even though almost ten years have passed since Oman got its first copyright law, most people still seem to have a strange self-entitlement to everything they find on the internet. The majority of people do not have any feeling of guilt when they illegally download any song, video, or game they did not pay for.
Oman, and many other Arab countries, are in a unique position that makes them detached from primary producers of popular digital content such as the US and Europe – who might not necessarily consider this region as a target for their music or computer programs. It is very difficult for foreign content producers to take legal action against infringers of copyright in Oman and it is impossible for the authorities to regulate illegal downloads on the internet (even though they somehow seem to always have the time and resources to block every single VOIP website they can find).

To the majority of people copyright infringement seems like a victimless crime: musicians and film makers in the US seem to be doing alright, they do not really expect to sell in Oman, of all places, much anyway, and even if these companies did make a loss, they are multinational institutions that can make money through a million other ways.

This makes it very difficult for our region to be taken seriously as a viable market for selling some copyright works. The result of this is that those of us who want to legally buy music in Oman find it very difficult to find any shop that can afford to continue stock up music CDs that nobody buys. Software products rarely ever get an official release in this region and there are no tech support or after sale services for such programs. The gaming industry is totally unregulated in this region and there is never any localization of game content.

The worst problem with piracy is that it makes it very difficult for local musicians, programmers, and game developers to be able to make money from creating local content in this market. Creating a polished work obviously requires money and investment, and you cannot make money from intellectual property works in a place where copyright is not respected. It is no wonder that there are no Omani video games or computer programs (genuine or otherwise) sold in any computer shop in the country.

Oman has had copyright law in place for about a decade now, but it is very difficult to enforce it because of the internet and the fact that content providers will find it very inconvenient to take cross-border legal action. Society itself must start respecting copyright and realize that the biggest loser in all of this is society itself, because if we do not encourage or reward creativity we will continue to only live off works made in other places in the world.

The situation in Oman is not totally hopeless because authorities have realized that the process to create respect for copyright must start from the bottom up, and as a result a special lesson about copyright has been added to the eleventh grade government school syllabus here in Oman in hope it makes students appreciate the importance of copyright and how piracy could be damaging. The college of law at SQU is also expected to start teaching intellectual property as part of the law degree curriculum. That by itself will not instantly make everyone respect copyright, but it is a step in the right direction.

Categories
Copyright

Piracy in Oman on the Rise?

Piracy in Oman
A crazy article was published earlier this week on the UAE’s The National stating that game and software piracy in Oman is ‘resurfacing’. The article interviews a random Omani game shopkeeper who claims according to his own statistics that young people in Oman spend a total of a million Omani rials on pirated software on monthly basis. According to his statistics, the local economy loses 30 to 40 million rials a year because of pirated software.

There is no doubt that these stats are completely rubbish. The small time shop keeper somehow assumes that ‘young people’ go and buy physical disks to pirate their games and movies, when in reality the majority of illegal downloading obviously occurs over the internet and does not require young people to spend a 1,000,000 Omani rials.

The justifications made by this person for the ‘resurfacing’ of piracy are not only illogical, but they are simply false because expats can still work in computer shops and do sell computer games and software.

Being an honest gamer who buys legitimate games is very difficult in Oman, original games take months to arrive and when they do they are usually sold at astronomical prices. The article itself claims that it does not make sense for young people to pay RO 40 when the pirated copy costs RO 1. The truth is that even honest gamers find it unreasonable to pay RO 40 (more than $100) when the same exact disc is sold in the states for a MAXIMUM of $60.  Many gamers, including myself, choose to buy grey area imports and have it shipped from the US for a cheaper price, than buying the grey area imports sold in these stores for double the price.

I am really not sure that piracy in Oman is ‘resurfacing’ – because it really never went down. In the age of digital piracy and bitTorrent, the only solution to the problem would be through educating people about the impact piracy has on our own culture and economy. It is no wonder that there are no game developers in Oman when it is impossible to make profit of any game in this market.

Categories
Copyright

Omani Bloggers and Copyright

Copyright Infringment - OmanForum
A bizarre event occurred today in which expat blogger Angry in Oman was shocked to see a post she wrote on her blog posted in OmanForum under a username identical to her blog name. Angry in Oman was outraged because it seemed as she personally made those posts on the forum and the blog post did not tell the whole story of the incident mentioned making people make the wrong assumptions about what really happened.

It eventually turned out that this was a new forum feature introduced by OmanForum’s administrator for which he thought it would be ‘a good idea’ to copy other people blog posts in the forum because it makes ‘the forum more interesting’ and gives the author ‘extra exposure’. The administrator of OmanForum removed the thread after several members complained about the issue, however, he did not seem to be convinced that he did anything wrong.

For some reason, many people assume that crediting the source gives them the right to copy it, which is obviously not the case. If Neo, OmanForum’s administrator, has been for a long time copying articles from elsewhere and crediting them doesn’t mean that what has been doing is legally or morally right. The exceptions to the protection of copyright n Oman are very limited in scope, and copying for the purpose of “making the forum more interesting and giving the author extra exposure” is obviously not one of these exceptions.

Technically, Angry in Oman can sue for copyright infringement, but obviously she will not do that as it compromise her identity. If she ever were to take legal action, she should be able to force OmanForum to remove all infringing content, and she migh even be able to ask for monetary compensation because OmanForum is a business venture that sells advertising and commercially benefits from the copyright infringement it undertakes as material copied from elsewhere is used to attract more readers and more advertisement impressions.

Categories
Copyright

DRM Impact on Lecturers, Students, and Researchers

(Photo credits: Thomas Favre-Bulle)

The CDPA 1988 provides instructions and students with a number of defences to copy films, sound records, and broadcasts for the purpose of making a film or a film soundtrack for the purpose of instruction. (Section 32 and 396Z).

According to Akester, around the UK universities, film lecturers use clips taken from films for a number of subject such as film analysis and film history for lectures and seminars. However, as most films are now sold on DVDs, no clips can be extracted from these movies without circumventing DRM. In her report, Akester found that many lectures use anti-circumvention programs to make the necessary clips, and those who don’t use their own personal collection of copied of terrestrial television broadcast or VHS and believe that their inability to use DVDs greatly limits their teaching practice.

A great number of film students indicated in Akester’s report that they are being affected by DRM, but they also said that in most situations non-digital versions of the works they are looking for can be found, but using then would be slow and does not contribute in helping the film industry in anyway. A great number of respondents admitted that they do circumvent DRM protection in order to use the protected work in the course of their education. Responses included states about not hesitating to break DRM, the fact that it will always be possible for people to copy DVD in spite of the legal protection, and that some would “continue to use DVD where appropriate and […] will continue to do so, even if illegally”.