Authors of copyright works and holders of neighboring rights
enjoy protection under the UAE Federal Law No. 7 of 2002 Concerning
Copyrights and Neighboring Rights (the "UAE Copyright
Law"). In line with the laws of most countries, protection is
provided to authors of works, which include literary works,
computer software, databases, lectures/speeches, plays, musical
works, plans, drawings, paintings, sculptures, photographic works,
broadcasting and other intellectual works.
In fact, using, copying and downloading software, downloading
materials from websites on the internet or distributing any
material in any manner, for any purpose, commercial or personal,
without the author's written permission, constitutes copyright
infringement - with limited exceptions.
However, the growth of the internet has increased the problem of
copyright infringement in most countries as duplication of
copyrighted material from the internet is easy and quick, be it
through copying and pasting a paragraph or article, or downloading
a song or music, for example.
Nowadays, it is common for authors to find their articles copied on
many websites, for software developers to find their software
available for free, and for singers to find their songs available
on video sharing websites (even though theses websites have
copyright notices to warn users not to post any episodes, songs,
advertisements, TV shows etc., without obtaining permission from
the creator of the work or being the creator of the work
itself).
Wondering why authors and creators of copyrighted work use the
internet? Authors or copyright owners cannot avoid such a network
that makes the universe so small and allows their names and works
to become so popular in the short term. This technology gives great
opportunities to the creator of copyright works, and can therefore
not be avoided. The question that arises here is: how can one
protect one's rights as a copyright creator from the potential
digital infringements?
In order to identify whether or not your article has been copied, a
simple search via the Google search engine may produce results.
There are also new services that check for duplicated content
online, such as Copyscape and TurnItIn. These companies can be
retained by copyright owners to identify individuals who are
copying their copyright works and making it available for download
on the internet.
Once you have information about the websites which contain the
infringed materials, you can search through whois (the protocol
that used for querying databases and information of domain names
and IP addresses), and once you find the details you can send the
infringer a notice, requesting the infringer to cease and desist
from infringing your rights. (It is always recommended that you
provide the infringer with a deadline to comply with your request
and stop infringing your rights.) You can also write to the
Internet Service Provider ("ISP") that hosts the
infringing website and demand that the ISP take down your
work.
When the copyright owner proves his ownership, most websites tend
to comply with cease and desist letters by removing the infringing
material (as such material is usually posted by third
parties).
The UAE Copyright Law, like the laws of most other nations,
protects copyright works regardless of whether the work is
registered or not, and irrespective of whether or not it has a
copyright notice.
Copyright owners can prevent anyone else from infringing their work
by bringing an infringement action before a civil court. The UAE
Copyright Law also provides for criminal penalties for infringement
of copyright in the form of fines and, in some cases,
imprisonment.
In the end, it the responsibility of copyright owners to protect
their work and hence they should invest time in tracking down the
infringers and then take appropriate action through their
attorneys.
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.