Maintaining Your Copyright
Keep your copyright details up to date by using the following services offered by MoEc. Doing this will ensure your rights are properly protected.
Keep your copyright details up to date by using the following services offered by MoEc. Doing this will ensure your rights are properly protected.
You are responsible for monitoring the way your creative works are used, and protecting them against infringement. Hiring an IP Attorney can help you in making sure your work is protected thoroughly.
IP Attorneys can be hired to survey the market and look out for any potential infringement cases, allowing for quick and efficient action to be taken when needed. When they spot a case, you will be informed and asked about the course of action you’d like to take.
Deploy cease and desist notices as an initial step to inform and halt infringing activities. This formal communication serves as a warning, urging the infringing party to cease their actions.
Engage legal counsel well-versed in Intellectual Property law to assess the situation and guide you through the enforcement process. Legal experts provide invaluable insights and strategies for effective enforcement.
Utilize DMCA notices, especially in the digital realm, to prompt the removal of infringing content from online platforms. This statutory tool empowers Copyright holders to address online Copyright infringements swiftly. We recommend seeking legal advice ahead of issuing DMCA Notices, as you are required to give undertakings as to the accuracy of the rights asserted and information being provided, which carry legal penalties if not correct.
Submit takedown requests to relevant platforms and hosting providers, requesting the removal of infringing content. Through TDRA’s InstaBlock, you can submit a request for a website to be blocked in the UAE.
Resort to litigation when all else fails or when the severity of infringement warrants legal action. This involves filing a lawsuit against the infringing party, seeking damages, injunctions, or other legal remedies.
In the case of infringement, seeking legal assistance is highly recommended for action to be taken on your behalf. Entering the enforcement domain can be complex, doing this alongside an experienced representative will make the matter simpler to navigate.
The MoEc assist in resolving Copyright infringements through their e-service, Complaints of Copyright Infringement.
If you find any cases of your Copyright being infringed upon online you can raise a case with TDRA through InstaBlock. They will study and review the case. If the website does show signs of infringement, it will automatically be blocked in the UAE.
Other avenues of enforcing your rights would be through one of the courts in Dubai, namely Dubai Courts or DIFC (as applicable). Dubai Courts require proceedings to be in Arabic, while DIFC proceedings are in English and different IP laws apply, so seeking professional advice prior to taking such actions is recommended.
The principal source of law relating to Copyright and Copyright litigation is Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights, as well as its executive regulations.
Commercialization of your Copyright can be done in a number of ways. All of which involve some form of licensing or selling the piece of work outright. When deciding on how you want to commercialize, you should consider the amount of control you will hold over the use of your work.
Explore the diverse avenues of licensing and permissions to allow others to use your Copyrighted works. This can be a valuable source of revenue while retaining control over how your creations are utilized. Download our comprehensive guide to Content License Agreements below to learn everything you need to know about licensing your work.
Note: Under the applicable UAE law, economic rights can be assigned or licensed, but the moral rights stay with the author of the work.
Implement mechanisms for royalty collection, whether through direct agreements, collective management organizations (CMOs) if applicable to the type of work protected, or digital platforms. This ensures you receive fair compensation for the use of your works.
Leverage digital rights management tools and technologies to control access to and usage of your digital content. This is particularly crucial in the digital age where content is easily disseminated.
A CMO is an entity that manages the rights of multiple rights holders collectively. Copyright holders can assign CMOs to license their work on their behalf.
The CMO will monitor the use of the Copyright, collect royalties and license fees, and enforce the rights of the holder in the case of any unauthorized use.
In Dubai, The Emirates Reprographic Rights Management Association (ERRA) represents rights holders in the region. It has connections and agreements with global CMOs for licensing, distribution, and enforcing the rights for local and international license holders.
There are various types of CMOs globally, each represent different use groups and cases:
Authors, composers, and publishers of literary works, musical works, and other artistic creations.
Performers and record labels in relation to public performances of music.
Manage the reproduction rights of musical works.
Visual artists, such as painters, photographers, and illustrators.
Playwrights, scriptwriters, and theatrical producers.
Broadcasters and content producers.
Authors, poets, and publishers of literary works.
A CMO acts as an intermediary between rights holders and users of copyrighted works, ensuring that the rights of creators are protected and that they are fairly compensated for the use of their works.
