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The following article was published in our article directory on September 30, 2013.
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COPYRIGHT – VIOLATION AND REMEDIES IN UAE

Article Category: Legal

Author Name: Jyothi Shyam Esq.

Copyright being the exclusive right of the owner to distribute the work through publication, broadcasting, printing, making copies etc., any such act done by an individual who is not the owner of the copyright and has not been assigned the copyright in a given work by the owner of the rights or without the written authorization from the copyright owner amount to copyright violation and could be liable to the owner of the copyright to compensate damages that owner suffers due to the said infringement of his copyright.

The UAE law relating to copyright and its related rights (federal law no. 7 of 2002) (hereinafter referred to as 'the law') addresses the different ways in which copyright infringement may occur and has actually provided for penalties for them. A list of the violations and the charges is listed below:

1. Trespassing either the moral or financial rights of the author or the holder of the relevant rights provided for in this Law which also consists of the publication of any work, performance, sound recording or broadcast that is shielded by the law. The publication could be with any methods consisting of but not limited to the ways of computer systems, web, info and communication networks. The offender in this case is sentenced to imprisonment for a minimum period of two months, and to a fine amounting to ten thousand dirhams (AED 10,000) a minimum of to a maximum of fifty thousand dirhams (AED 50,000), or to either charge. On re occurrence of the offence the penalty increases to a 6 months jail time and a minimum fine of fifty thousand dirham (AED 50,000).

2. The selling, leasing or providing for distribution, in any manner or by any means, a work, sound recording, or broadcast that is safeguarded by the law is an offence disciplined with a jail time for a minimum period of two months, and to a fine amounting to ten thousand dirhams (AED 10.000) at least to a maximum of fifty thousand dirhams (AED 50,000), or to either punishment. On recurrence of the offence the punishment increases to a 6 months imprisonment and a minimum fine of fifty thousand dirham (AED 50,000).

3. The undue manufacture or import, for the purpose of sale, rental or circulation, of any counterfeited work or copies thereof, any devices, devices, gadgets or materials specially developed or built for defrauding technology made use of by the author or owner of relevant right for transferring, providing for the circulation, regulating or managing such rights; or protecting a particular requirement of pureness of the copies is an offence under the law and liable to a charge of jail time for a minimum duration of 3 months and penalization amounting to a minimum of fifty thousand dirhams (AED 50,000) to a maximum of five hundred thousand dirhams (AED 500,000). In case of repetition of the offence, the enhanced charge is jail time for a minimum period of nine months and a fine amounting to a minimum amount of 2 hundred thousand dirhams (AED 200,000).

4. The Undue interruption or impair of any technical defense or electronic information that is aimed at controlling and managing the rights specified by the law is an offence that issubject to a penalty of imprisonment for a minimum duration of three months and penalty amounting to a minimum of fifty thousand dirhams (AED 50,000) to a limit of five hundred thousand dirhams (AED 500,000). In case of repeating of the offence, the raised charge is jail time for a minimum period of 9 months and a fine amounting to a minimum amount of two hundred thousand dirhams (AED 200,000).

5. The downloading or storing in the computer system any copy of the pc program or applications thereof or databases, without acquiring a license from the author or right owner or successors thereof is punished by the law with a jail time for a minimum duration of 3 months and penalty amounting to a minimum of fifty thousand dirhams (AED 50,000) to a maximum of five hundred thousand dirhams (AED 500,000). In case of repeating of the offence, the increased penalty is imprisonment for a minimum duration of 9 months and a fine amounting to a minimum amount of 2 hundred thousand dirhams (AED 200,000).

6. The using of a computer system program or applications thereof or databases, without getting ahead of time a license from the author or successors thereto is penalized with a penalty amounting to a minimum of 10 thousand dirhams (AED 10,000) upto a limit of thirty thousand dirhams (AED 30,000) for each program, application or database. In case of repetition the offence shall be penalized with a minimum of thirty thousand dirhams (AED 30,000). This provision is an exception of the offences number 1 and 2 mentioned above. Apart from the above pointed out penalties the court could likewise enforce the following:

1. Confiscation and destroying of counterfeited copies subject to that the offence or copies recreated from the confiscation of the devices, and items used in the perpetration of the offence, and which can not be made use of for other function.

2. Closing of the establishment in which the counterfeiting has been dedicated; for a period not going beyond sixmonths.

3. Publication of the summary of the court ruling in several daily papers on the expense of the condemned celebration.

Apart from the charges for the offences, the law also offerssome intermediate measures for immediate relief to the plaintiff. The claimant i.e. the author or his successor may request to the President Head of state of the Court of First Instance to make any of the following orders along with an injunction order:

1. Making detailed description of the work (subject to breach).

2. Stopping the publication, exhibition or production of the work.

3. Taking the final product or copies of the work, (whether books, pictures, drawings, plays, pictures, sound recordings or broadcasts, or otherwise); along with the devices that are used in re-publishing or recreating such work, provided that such gadgets are not legitimate except for re-publishing or recreating of the work.

4. Developing public performance as relates to playing, acting or recounting a work to the general public and avoiding the going exhibition orforbidding it for the future.

5. Computing the earnings produced from the publication, performance or exhibition, by a professional designated for this function, if necessary, and confiscate such income in all instances.

6. Developing the reality of trespassing on any of the rights shielded under the law.In order to perform the Injunction order, theplaintiff must send the conflict to the court within a periodof fifteen days from the date of the problem of the injunction order.

Keywords: Copyright in UAE, Copyright Infringement in UAE, UAE Copyright Law, Copyright violation in UAE, Penalty for Copyright Violations in UAE, Copyrights in UAE, Punishment for Copyright infringement in UAE

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