Article by Dr. Sylvain Massaad
Despite the fact that the copyright industry in the Arab world is a rather recent one, many of the Arab states have made immense changes and amendments in its laws and regulations in order to be able to insert the copyright and its latest developments under these laws. New laws have been drafted, some of which are not yet issued, to enforce and protect the rights of those who create and communicate their creations to the world. This article discusses the copyright business in the Arab countries and the means of delivering the latest creations made by Arab entrepreneurs, examining the industries that contribute to the copyright business in the region.
Types of Copyright in the Arab World
Copyright business in most of the Arab countries is organized in what could be called a "multi-stratum structure", with a core creative activity engendering the process and constituting the base on which next level layer of business operate and so on. The core activities are performed by the authentic creators, such as authors, writers, composers, painters and performers. Copyright business is usually divided into two categories, each consisting of a specific mode of delivering works/information to the public; these modes can be classified into direct and indirect communication.
The direct communication of a work to the public is performed through live performances, mainly concerts, musicals and exhibitions, and on a minor level in Arab countries, operas and festivals.
The indirect mode of communication is based on transferring the copyrighted works to the public via indirect analogue or digital means. Television and radio stations, libraries, cinema industry, video stores, publishing houses, recording companies, etc. are some of the means that use this strategic sector of communication.
Another stratum is the segment of the activities associated with copyrighted works. Arab countries issue a large number of fashion magazines, the success of which relies upon the quantum of innovative designs and the quality of the latest trends in the fashion industry. The same logic could be applied to architectural magazines, advertising agencies and activities related to the protection of national heritage. Other basic businesses can be added to this category, such as restoration and craft industries.
The aforementioned is not directly related to copyright but is fundamentally essential to the prosperity of copyright business. In fact, the majority of the abovementioned companies/activities require equipments and tools to run their business, and very few companies in the Arab World are especially dedicated to providing these equipments (theatre/concert equipment, sound/recording equipment, film equipment) and tools (artist/craftsperson materials, musical instruments).
Types of Works Protected by Arab Copyright Laws
Most national Arab laws provide copyright protection to original works through the following five economical rights:
- Right of Communication to the Public: Communication to the public can be defined as the transmission of works to people by any distant communication (i.e. satellite) or interactive communication (i.e. Internet) means. It embraces a wide range of activities such as the relaying of a performance to members of the public outside the place where the performance is made, the transmission by cable and the making available of works in digital networks.
- Right of Reproduction: Reproduction can be envisaged as the production of works in a material or non-material (digital) form.
- Right of Public Performance: Public performance is the real-time performance of works in the physical presence of the public.
- Right of Distribution: Distribution is the diffusion of physical copies of the works, resale, sale and rental (even importation) of copies such as musical works (on phonograms), audiovisual works (on DVDs) and computer programs (on CD ROMs).
- Right of Broadcasting: Broadcasting is the transmission to the public of works through wireless and non-interactive vectors (i.e. satellite transmissions).
Structure Copyright Business in the Region
The foresaid rights provide protection to various types of innovations of the human spirit. Any creation falls into a category of work that is hypothetically protected by one or more rights. Arab laws generally protect the following categories of work:
- Artistic works: Irrespective of the content, value and destination of the work, paintings and architectural works can benefit from the protection of copyright.
- Computer programs: Usually considered as a literary work, computer programs are widely pirated in the Arab countries (60% in 2007) causing huge amounts of trade losses ($2.5 million in 2007), despite the efforts to counter piracy and enforce laws.
- Literary works: This category includes any original production in the literary domain, whatever may be the mode or form of its expression. Works based on other works, such as translations, adaptations and other alterations of a literary work, are also protected. To list a few: novels, short stories, poems, dramatic works and any other writings, whether published or unpublished. In most Arab countries, "oral works" (works not reduced to writing) are also protected by copyright laws.
- Technical maps: Mainly represented by cartographic works (globes, relief models), plans, blueprints, diagrams and electrical and mechanical drawings.
- Cinematographic works: Works created by the cinema industry are entitled to copyright protection independently from their subject matter, the purpose for which they are created (theatre or television), their genre (drama, documentary, etc.) and whether they are silent works or with a soundtrack.
- Musical works: Whether targeting connoisseurs or commercial segments, songs, choruses, operas, musicals and other types of musical expression (solo, sonata, chamber music, band, orchestra, etc.) benefit from copyright protection. They are considered works even if they are not written on paper by musical notation or words.
- Photographic works: Neither the subject nor the value of the content of any photo is considered, by most Arab copyright laws, as a criterion for appreciating creativity, which is the only decisive factor for attributing protection in the foresaid laws.
Text edited by Ms. Dalal Jebril.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
