In the UAE, Copyright protects the creative work of an author. Federal Decree Law No. 38 of 2021 is the legal framework for copyright protection in the UAE. In the UAE, copyright can protect a wide range of creative works, such as literary works, artistic works, musical works, software, etc. The copyrighted work should not be duplicated, distributed, or appropriated without the consent of the author.
The copyright law in the UAE has provided significant importance to the rights of the public, and that’s why fair use was introduced by the new copyright law. Creators and businesses should be aware that the fair use of copyrighted material is mainly for research and educational purposes, and if this is misused, then it could lead to infringement and legal consequences.
Understanding fair use under the UAE copyright law
Fair use is an exemption to the creator’s right, and it allows the public to use the copyrighted content without the consent of the author. The public can use fair use to comment, criticise, or conduct research on the copyrighted content. Fair use in the UAE allows the public to utilise copyrighted works without infringing on the owner’s rights. While using the copyrighted content for reviewing or for news reporting, make sure that it doesn’t affect the commercial value of the copyrighted work. You can use the copyrighted content for educational purposes, but there shouldn’t be any unauthorised distribution or reproduction of the copyrighted content, which could harm the economic interest of the work.
Key factors that determine fair use under the UAE copyright law:
Purpose of the use and nature of the creative work
If you use copyrighted material for non-commercial use, then it will be considered a fair use, but if it is used for commercial purposes, then it is not a fair use and would be considered as infringement. So, businesses or creators should not use the copyrighted work to make a profit. The nature of the work plays a significant role in the fair use of creative works, such as paintings and movies, which are more protected due to the creative element in the work.
There should be relevant consideration while choosing the creative work; paintings and novels have a good amount of individual creativity, and fair use will be really hard. But factual work, such as scientific theories, will have less trouble regarding fair use.
Based on the amount of work used
In fair use, a small percentage of work can be used, so the court will analyse the quality and quantity of the work which is used. If someone has used a large portion of the copyrighted work, then it won’t be considered fair use, and there could be legal consequences. In a particular case, the court ruled that even the usage of a small part of the creative work is not fair use because the used portion is the central part of the innovative work.
If you are using an essential part of the creative work, it is more likely to be considered an infringement. Therefore, make sure that you use the copyrighted content carefully, otherwise it can lead to legal disputes. Additionally, the more you use the creative work, the more you deviate from fair use.
Impact made by the usage of creative work in the market
Make sure that you use the copyrighted content in a way that does not affect the market value of the creative work. Businesses or individuals can be inspired by a creative work and make a new one; however, if you copy an essential part of the innovative work and create another one, then it will be considered as infringement.
A new work which is inspired by a copyrighted work will be considered a derivative work and will be eligible for copyright protection. To be regarded as a derivative work in the UAE, there must be a significant amount of creativity added to the original content, and you can obtain protection for the additional changes made to the creative work. In addition to developing a legally valid derivative work, you need to get the consent of the original copyright holder.
How to secure your creative work in the UAE?
In the UAE, you will obtain copyright protection automatically during the creation of the work. However, registering it with the Ministry of Economy will provide you with better legal security, and also, in case of any infringement, you will be able to showcase the ownership details. While collaborating with others or licensing, there should be a relevant clause in the contract to secure your IP rights. All of this can be successfully done with the guidance of Jitendra Intellectual Property. Our professionals can help you with copyright registration, monitoring, and enforcement.