- Article (7) Authorization to Use the Work
- Article (26) Special Provisions for Specific Works
- Article (28) Author's Economic Rights in His Relationship with Third Parties
- Article (32) Operating Rules of Associations or Entities in Charge of Managing Copyright (Collective Management)
- Article (34)
- Article (37) Grievance Committee
- Article (52) Repeals
Article (7) Authorization to Use the Work
Only the Author and his/her successors or the copyright holder may authorize the Work to be used in any manner whatsoever, particularly Reproduction, including downloading, electronic storage, representation by any means, Broadcasting transmission, broadcasting re-transmission, performance, communication to the public, translation, modification, alteration, rental, lending or Publication by any means whatsoever, including making the same available via computers, information networks, communication networks and other means.
Article (26) Special Provisions for Specific Works
If a number of persons contribute to composing a Work in a way that the share of each one cannot be separated from the other shares, all co-authors shall be considered equal Authors of the Work, unless otherwise agreed in writing. In this case, no one of them may solely exercise the copyright without a prior written agreement among them.
If the co-authoring of each Author falls under a different type of art in the same Work, each one of them shall have the right to utilize the part of his own contribution separately; provided that such action does not affect the utilization of the Work for other Authors, unless otherwise agreed in writing.
Each one of them may institute actions when any copyright protected by this Decree-Law is infringed.
If one of co-authors dies and has no universal successors, his share shall devolve to the remaining partners or their successors, unless otherwise agreed in writing.
Article (28) Author's Economic Rights in His Relationship with Third Parties
Unless otherwise agreed in writing, Author's economic rights in his relationship with third parties shall be as follows:
1. If the Author makes an Innovation in favour of another Person, the copyright shall be attributed to such Person.
2. If an employee or worker during his employment creates a Work related to activities or business of the employer that is directly or indirectly mandated by the employer, or uses to reach the creation of such Work expertise, information, tools, machinery or materials of the employer at his disposal, the Author's economic rights shall be attributed to the employer, taking into consideration the intellectual effort of the workers.
3. If an employee or worker creates a Work unrelated to the employer's business and does not use the employer's expertise, information, tools or raw materials to reach this Innovation, the Author's economic rights shall attribute to the employee or worker.
Article (32) Operating Rules of Associations or Entities in Charge of Managing Copyright (Collective Management)
Holders of copyright and Neighboring Rights may assign their economic rights to competent professional associations for the management thereof, or authorize other entities to exercise such rights.
Contracts in this regard concluded by such associations or entities shall constitute civil contracts.
Article (34)
1. The associations and entities set out in Article (32) above may only practice the activity of copyright and Neighboring Rights management only after obtaining a permit from the Ministry.
2. The Executive Regulations of this Decree-Law shall define the conditions, controls and procedures of the permit and obligations of and administrative sanctions to be imposed on permitted persons upon the violation of the provisions of this Decree-Law and its Executive Regulations.
Article (37) Grievance Committee
1. A committee shall be created in the Ministry called "the Grievance Committee of Copyright and Neighboring Rights", under the chairmanship by a specialized judge nominated by the Minister of Justice, and the membership of two specialists selected by the Minister. Such Committee shall be competent to decide on grievances filed by stakeholders against decisions issued by the Ministry.
2. The Minister shall issue a decision nominating members of the Grievance Committee, system of work and procedures of filing grievances before it.
3. Any stakeholder may challenge the Committee's decisions before the Competent Court within (30) thirty days from the date of being notified thereof.
4. In all cases, an action before the court competent to examine applications for revoking decisions issued by the Ministry, pursuant to the provisions of this Decree-Law, may not be admissible before filing a grievance against the same before the Grievance Committee.
Article (52) Repeals
1. Federal Law No. (7) of 2002, on Copyright and Neighboring Rights , as amended, shall hereby be repealed.
2. Any provision contradicting or repugnant to the provisions of this Decree-Law shall hereby be repealed.
3. Resolutions and regulations applicable before the effective date of this Decree-Law shall remain in full force and effect, in so far as they do not contradict the provisions thereof, until the substitutes thereof are issued, pursuant to the provisions of this Decree-Law.
Translated in cooperation with