WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SAU/C/1 
8 November 2006 
 (06-5372) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SAUDI ARABIA 
  The present document reproduces the text
1 of the Copyright Law, Royal Decree No. M/41, 
2 Rajab, 1424, which Saudi Arabia has notified under Article 63.2 of the Agreement (see document 
IP/N/1/SAU/1). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ARABIE SAOUDITE 
  Le présent document contient le texte
1 de la Loi sur le droit d'auteur, Décret royal n° M/41, 
2 Rajab, 1424, notifié par l'Arabie saoudite au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/SAU/1). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
ARABIA SAUDITA 
 
 En el presente documento se reproduce el texto
1 de la Ley de Derecho de Autor, Real Decreto 
Nº M/41, de fecha 2 Rajab, 1424, que Arabia Sa udita ha notificado en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/SAU/1). 
                                                      
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine au Secrétariat de l'OMC./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/SAU/C/1 
Page 2  
 
   
  
 
       
 
     
 
 
Copyright Law 
 
Royal Decree No. M/41 
2 Rajab, 1424 
 
 
 
  
 
  
 
  
 
 
 
 
 
 
  
 
   IP/N/1/SAU/C/1 
 Page 3 
 
 
  Article 1: Definitions  
 
The following terms, wherever used in this La w, shall have the meanings following them, unless 
the context requires otherwise.  
 
Work:   
Any literary, scientific or artistic work.  
 
Joint Work:   
A work composed by two or more natural or corporate persons whether the contribution of 
each is separable or not.  
 
Collective Work: 
The work collectively composed by a group at  the instruction of a person, natural or 
corporate, who undertakes its publication under his name or administration, where the work of the 
contributors is integrated in the general objective sought by that natural or corporate person, so 
that no contribution of any of the participants may be separated or singled out.  
 
Audio Work:  
Any audio fixation of a specific performance or sound, regardless of the means of fixation.  
Audio-Visual Work:  
Any work produced for simultaneous audio and vi sual use, consisting of a series of related 
images, accompanied by sound and recorded on an  appropriate means and shown by suitable 
devices. 
 
Derivative Work: 
Work based on a pre-existing work. 
 
Author: 
The person who creates a work.  
 
Performers: 
The persons who act, recite, sing or play rol es or participate in performing by any other 
means in literary or artistic works.   
 
Publication:   
Making copies of a work to meet public need.  
 
Copying: 
Producing a copy or more of one of the litera ry, artistic or scientific works on a material 
means, including any sound or visual recording.  
 
 Folklore: 
Shall mean all literary, artistic or scientific wo rks which are assumed to have been created on 
Saudi territory and transmitted from one generati on to the next and constitute part of the 
traditional Saudi cultural and artistic heritage.  
 
Broadcasting: 
Transmission of a work, performance or an audi o or visual recording to the public, using 
wires or wireless methods or any other means of transmission, to be received by the public, including transmission via satellite.   
 IP/N/1/SAU/C/1 
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Committee: 
 The competent Committee formed to review vi olations resulting from the implementation of 
the provisions of this Law. 
 
Ministry:   
The Ministry of Culture and Information.  
 
Minister: 
The Minister of Culture and Information. 
 
Implementing Regulations: 
The implementing regulations of this Law. 
 
 
Chapter One 
Protected Works 
 Article 2: Original Works  
This Law shall protect the works created in the fields of literature, art and sciences, irrespective 
of their type, means of expression, importance or purpose of authorship, such as: 
 
(1) Written materials like books, booklets and others.  
(2) Works which are verbally delivered like lect ures, speeches, poetry, songs and the like. 
(3) Dramatic works, plays, shows and similar presentations which involve motion, sound or 
both. 
(4) Works which are especially prepared fo r broadcasting or are presented through 
broadcasting. 
(5) Drawings, works of plastic arts, architecture, decorative art and artistic embroidery and the 
like.  
(6) Sound and audio-visual works. 
(7) Applied art works, whether handcrafted or manufactured. 
(8) Photographic works and the like. 
(9) Illustrations, geographical maps, designs, plan s, sketches and sculptured works related to 
geography, topography, architecture and science.  
(10) Three dimensional works of geography, topography, architecture or science. 
(11) Computer programs. 
(12) Protection shall include the title of a work, if  it is of creative nature, and not a common 
expression indicating the subject matter of the work. 
 
Article 3:  Derivative works 
 
This Law shall also protect: 
 (1) Works of translation.  
(2) Works of abridgement, modification, illustration, editing or any other forms of alteration.  
(3) Encyclopaedias and anthologies which are deemed  creative with respect to the selection of 
their content or arrangement, whether they are literary, artistic or scientific works.  
(4) Compilations of folkloric works and expressions and selections therefrom, if such 
compilations are creative as to selection or arrangement of their contents. 
(5) Databases, whether they are mechanically read able or can be read in any other manner, if 
they are creative as to selection or arrangement of their contents.  IP/N/1/SAU/C/1 
 Page 5 
 
 
  Copyright protection enjoyed by the authors of the works mentioned in the above 
paragraphs shall in no way jeopardize the prot ection enjoyed by the authors of the original 
works.  
 
Article 4: Works excluded from protection : 
 
Protection prescribed by this Law shall not cover the following:  (1) Laws and Judicial judgments, decisions of ad ministrative bodies, international agreements 
and all official documents, as well as the offici al translations thereof, subject to the 
provisions concerning the circulation of these documents. 
 (2) What is published in newspapers, magazines a nd periodicals, or broadcasted in daily news 
or news-like events.  
 
(3) Ideas, procedures, work methods, concepts of mathematical sciences, axioms and abstract 
facts. 
 
Chapter Two 
Owners of Rights 
 
Article 5: Authors  
(1) An author is any person who publishes a work attributed to himself by mentioning his name 
on the work or by any other means used to a ttribute works to their authors, unless there is 
evidence to the contrary. 
(2) The publisher whose name app ears on the work shall be the representative of the author, if 
the work is published under a pseudonym or anonymously. 
(3) The authors of the audio work and the a udio-visual work shall be the persons who 
participated in the creation of this work, such as:  
(a) Author of text. 
(b) Scenarist. 
(c) Dialogue writer. 
(d) Director. 
(e) Composer.  
 
Article 6: Joint and Collective Works  
(1) When two or more persons participate in the authorship of a work in  such a way that the 
contribution of each in the work cannot be sep arated, they shall all be considered equal 
partners in the ownership of the work, and none of them may independently exercise the 
author’s rights prescribed by this Law , unl ess otherwise agreed in writing. Each of the 
participants in the authorship shall have th e right to protective and summary procedures 
upon infringement on the work and shall have the right to claim for compensation for his 
share, against the damage he has incu rred as a result of such infringement. 
(2) When two or more persons collectively partic ipate in the authorship of a work in such a 
manner that their contributions to the collectiv e work can be separated, each party shall have 
the right to individually exploit his part, pr ovided that no damage is caused to the 
exploitation of the collective work, unless otherwise agreed. IP/N/1/SAU/C/1 
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  (3) A natural or corporate person who directed or organized the creation of such a collective 
work shall alone exercise the copyright. 
Article 7: Folklore 
 
(1) Folklore shall be the property of the state,  and the Ministry shall exercise the copyright 
pertaining thereto. 
(2) The import or distribution of copies of folklore  works, copies of their translations or others 
which are produced outside the Kingdom without  a license from the Ministry shall be 
prohibited. 
Chapter Three 
Rights 
 
Article 8: Moral Rights 
 
(1) The author shall have the right  to exercise any of the following: 
 
(a) Attributing the work to himself or publishing it under a pseudonym or anonymously. 
(b) Objecting to any infringement on his work and preventing any deletion, change, 
addition, distortion, corruption or any other form of tampering with the work itself. 
(c) Making any amendment to or deletion from his work, at his discretion. 
(d) Withdrawing his work from circulation. 
 
(2) The moral rights provided for in paragraph (1) of this article are permanent rights of 
the author and are not subject to waiver or lapse by prescription. 
 
(3) The moral rights shall be retained by their owner and shall not be forfeited by 
granting the right of exploiting the work in any manner. 
 
(4) Moral rights provided for in this Law sha ll pass to the Ministry upon the death of the 
owner who has no heirs. 
 
Article 9: Financial Rights   
 First: 
  The author, or whoever he delegates, shall have the right to exercise all or any of the 
following, as per the nature of the work: 
 (1) Printing and publishing the work in a reading format; recording it on audio or visual tapes, 
compact disks or electronic memory or any other means of dissemination. 
 
(2) Translation of the work into other languages, quoting or altering it and the redistribution of 
the sound or visual material. 
 (3) Communicating the work to the public via any possible means, such as displaying, acting, 
broadcasting or data transmission networks. 
 (4) All forms of material exploitation of the work  in general, including permissible commercial 
rental.    IP/N/1/SAU/C/1 
 Page 7 
 
 
  Second: 
The authors of artistic and literary works, their performers, composers and producers of 
sound recordings and broadcasting or ganizations shall enjoy their financial rights, as prescribed by 
the implementing regulations.    
Article 10: Compensation upon Withdrawal of the Work: 
The author shall refrain from performing such  deeds that may prejudice exploitation of the 
authorized right of third parties. Nevertheless, th e author may withdraw his work from circulation, 
amend, delete from or add to it, upon agreement with the party authorized to exercise said right. 
Should there be no agreement, the author shall be  obligated to compensate the said person according 
to the decision of the Committee.  
Article 11: Assignment of Copyright 
(1) Copyrights provided for in this Law shall be tr ansferable, in whole or in part, either through 
inheritance or by lawful disposal, which shall be recorded in writing and shall limit the scope of the 
transferred right in terms of both time and place. 
(2) The rights provided for in this Law shall be p assed to the author’s heirs, with the exception of 
performing any amendment to or deletion from the work.  
(3) If the author instructed in his will that the pub lication of his work be barred or if he specified 
a date for such publication, his will sh all be carried out within its limits. 
(4) If the work is produced by an individual and its author dies, or it is a joint work and one of the 
authors dies with no heirs, his share shall be passed  to those entitled to it according to the provisions 
of the Islamic Shari’ah. 
Article 12: Assignment of Future Production  
An author’s assignment of all his future intellectual production is deemed null and void. 
 
Article 13: Arrangement of Contractual Relations   
(1) The rights’ owners shall make arrangements for their relations and their rights with the 
establishments of production, printing, publishing a nd distribution, broadcasting organizations and 
other entities licensed to perform their activities, pursu ant to certified contracts that specify all rights 
and obligations of the parties concerned.  (2) Establishments of production, printing, pub lishing and distribution as well as broadcasting 
organizations and others sh all not engage in any activity related to copyright except after concluding a 
contract with the copyright’s owners or their atto rney-in-fact, where the rights and obligations of each 
party shall be specified.  
Article 14: Continuity of Contracts 
The author’s heirs are obligated to abide by th e contracts concluded by their testator during 
his lifetime, including the rights and obligations of third parties. 
 IP/N/1/SAU/C/1 
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  Chapter Four 
Lawful Use 
 
Article 15: Exceptions 
The following uses of the copyrighted work, in its or iginal language or in translation, are lawful 
without obtaining the permission of the copyright owner. These forms of use are:  
 
(1) Copying the work for personal use, excluding computer software, audio and audio-visual 
works. 
 (2) Quoting passages from the work in another work, provided that such quotation be 
consistent with the conventional practice and within the limits justified by the intended 
objective, and provided that the source and name of author shall be mentioned in the work 
where the quotation is cited. This shall also apply to journalistic summaries abstracted from 
newspapers and periodicals.  
 (3) Using the work by way of clarification for e ducational purposes, within the limits justified 
by the intended objective, or making a copy or two for public libraries or non-commercial 
documentation centres on the following conditions: 
(a) Shall not be commercial or for profit. 
(b) Copying shall be restricted to the requirements of activities. 
(c) Shall not impair the material benefit of the work. 
(d) The work is out of print or is lost or damaged. 
 
(4) Citing or copying articles published in newspa pers or periodicals dealing with current 
subjects or broadcast works of similar nature, provided that the source and name of the author, if known, are clearly given. 
 (5) Copying any broadcast work that may be vi ewed or listened to during presentation of 
current events by means of still or motion pictures, provided that copying remains within 
the intended objective with the source clearly given. 
 (6) Copying public speeches, lectures, judicial proceedings or any other similar works made in 
public, if such copying is made by the media,  provided that the name of the author is 
clearly mentioned. The author shall retain th e right to publish such works in the manner he 
sees fit. 
 (7) Production of temporary recordings by broa dcasting organizations and through their own 
means –without impairing the author’s copyright  – in one copy or more for any protected 
work, for which they are licensed to broadcast  and show, provided that all the copies be 
destroyed within a period not exceeding one year from the date of their preparation, or a 
longer period agreed to by the author. A copy of  this recording may be kept with official 
archives, if the recording is a unique documentary work. 
 (8) Music playing, acting, performing or showi ng any work, after publication, by government 
troupes or public corporate entities or school theatre, as long as such playing, performance 
or acting does not lead to direct or indirect financial gains. 
 (9) Copying short quotations from published works, drawings, pictures, designs or maps in 
school books prepared for educational curricula or in books of history, literature and art,  IP/N/1/SAU/C/1 
 Page 9 
 
 
  provided that copying is within the limits of necessity and that the title of the work and the 
name of the author are mentioned. 
 (10) Taking new photographs of any previously photographed object or work and publishing 
these pictures, even if the new pictures have  been taken from the same vantage point and 
under the same circumstances of said pictures. 
 (11) Citing parts of scientific articles and works by research institutions for their internal use or 
to fulfil the requirements of those who are conducting studies and research, provided that the source be mentioned. 
 
(12) Making one reserve copy of computer programs for the persons possessing the original 
copy for the purpose of protecting the original, while keeping the original with the user, to 
show upon request. 
 
 The implementing regulations shall detail the circumstances required for these exceptions to 
apply. 
 
Article 16: Mandatory Licenses 
 
(1) The Minister may grant a publication license fo r the work after the lapse of a period to be 
specified by the implementing regulations for each c ase, if he sees that publication of this work 
serves public interest, in the following cases: 
(a) If no copies of the published work in its orig inal language are made available in the 
Kingdom by the copyright owner to satisfy the general needs of the public or school or university education, at a price comparable to the price of similar works in the Kingdom, 
upon the author’s declining to make available copies of that work.  
(b) If all editions of the original work or its Arabic translation are out of print, with the 
copyright owner’s failure to make it available upon request. 
(c) If no translation has been published for this  work by the owner of the translation 
copyright or with his permission, provided that the purpose is to make use of this translation in educational curricula. 
(d) If the heirs of the Saudi author or his successors decline to  exercise the rights 
passed to them pursuant to Article (11) of this Law, within one year of the date 
of the request, if they have no valid excuse. 
 
(2) The license shall terminate upon publication of the work or the translation by the 
copyright owner, or with his authorization.  
 
(3) The Minister may specify the remunera tion to be paid by the licensee to the 
copyright owners for every license issued, and they shall have the right to appeal his 
decision to the Board of Grievances.  
The implementing regulations shall determine the procedures and conditions required for the 
application of the mandatory license.  
 
 IP/N/1/SAU/C/1 
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  Article 17: Prohibited Use of Certain Works 
(1)  Whoever produces pictures shall not publish, display or distribute the 
originals or copies thereof without permission of the individuals pictured or their heirs. This provision shall not apply if the pict ures were published on the occasion of public 
events, if they are pictures of officials or public figures, or if publication is permitted by 
public authorities in the service of public inte rest. The person represented in the picture 
may give permission for its publication in newspapers, magazines and the like, even without the permission of photographer. Such  provisions shall apply to the picture, 
regardless of the way the picture has been produced.  
(2)  Only the author shall have the right to publish his letters. However, this right 
shall not be exercised without the permission of the addressee, if publication may harm him.  
 
Chapter Five 
Scope and Duration of Protection 
 
Article 18: Scope of Protection 
Provisions of this Law shall cover the following: 
First:  
(1) Works of Saudi and Non-Saudi authors publis hed, produced, performed or displayed for the 
first time in the Kingdom of Saudi Arabia. 
 (2) Works of Saudi authors published, produced, pe rformed or displayed for the first time outside 
the Kingdom.  
Second:  
Works of broadcasting organizations and of pr oducers of sound recordings and performers.  
Third:  
Works copyrighted pursuant to international agre ements or treaties for protection of copyright 
to which the Kingdom is a party.   
Article 19: Duration of Protection 
First: (1) The period of copyright for the author of a work shall be for the duration of his life and for a 
period of fifty years following his death. 
 (2) The period of copyright for joint works shall be  computed from the date of the death of the 
last surviving author. 
 (3) Protection period for works where the author is a corporate entity, or if his name is unknown, 
shall be fifty years from the date of the first pub lication of the work. If the name of the author 
becomes known before the end of the fifty years,  the duration of protection shall be the period 
specified in paragraph (1) of this article.  IP/N/1/SAU/C/1 
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(4) If the work consists of several parts or volumes, published separately or over a period of 
time, each part or volume shall be considered  an independent work for the purposes of the 
computation of its protection period. 
 
(5) Protection period for sound works, audio-visual works, films, collective works and computer 
programs is fifty years from the date of the first show or publication of the work, regardless of republication. 
 (6) Protection period for applied art (handcrafted  or manufactured) and photographs shall be 
twenty five years of the date of publication. Com putation of the period starts in this case on the date 
of the first publication of the work, regardless of republication. 
 
Second: 
(1) Protection period for broadcasting organizations shall be twenty years from the date of the 
first transmission of programs or broadcast materials. 
 (2) Protection period for the producers of sound recordings and performers shall be fifty years 
from the date of performance or its first recording, as the case may be. 
 
Article 20: Validity of Protection to the Works Antecedent to the Law  
Literary, artistic and scientific works, acoustic recordings and broadcasting programs published 
before the date this Law is effective, pursuant to the periods specified in Article (19) of this Law, 
shall be protected, provided that the protection pe riod under the previous Law has not expired and 
that protection was not terminated in the countries of origin which are parties with the Kingdom to 
international agreements or treaties for the protection of copyright.  
Chapter Six 
Provisions of Infringements and Penalties 
 
Article 21: Infringements 
The following acts shall be deemed infringe ments on the rights protected by the Law: 
(1) Publishing a work not owned by the publis her, publishing it under the pretence of its 
ownership or without obtaining a written authorization or a contract with the author of the work, his 
heirs or their representatives.  (2) Amendment of the contents of a work, its nature, subject or title without the knowledge of the author and his prior written consent thereof, whether the amendment is 
made by the publisher, the producer, distributor or anyone else. 
 (3) Reprinting the work by the producer, the publisher or the printer without obtaining prior written consent of the copyright owner, or ha ving the documents authorizing the reprint. 
 
(4)    Removal of any written or electronic information that may lead to forfeiting the 
owner’s copyrights. 
 IP/N/1/SAU/C/1 
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  (5)   Removing and cracking any protective electronic code that guarantees the use of the 
original copies of the work, such as coding or data recorded by the use of laser or other 
means.   (6) Commercial use of intellectual works through deception, which is not permitted by the owners of the copyright, such as using c opied software or receiving coded broadcasting 
programs through illegal means.  
 (7) Manufacturing or importing tools –for the purpose of sale or rental- of any means which facilitate receiving or exploiting works through means other than those determined by owner of the rights. 
 
(8) Copying or photographing parts of a book or  a collection of books or parts of any 
work, with or without compensation, without obtaining the written consent of the copyright owners and the competent authorities of the Mi nistry, with the exception of cases of lawful 
copying specified in Article (15) of this Law. 
 
(9) Import of counterfeit, imitated or copied works.  (10) Keeping non-original works at the co mmercial establishment, its warehouse or any 
other facility owned by it, whether direc tly or indirectly and under any pretence. 
 
(11) Infringement on any of the protected rights specified in this Law or violation of any 
of its provisions. 
 
Article 22: Penalties 
First:  
Any person who violates a provision of this La w shall be subject to one or more of the 
following penalties: 
(1) Warning. 
(2) A fine not exceeding two hundred and fifty thousands riyals. 
(3) Closing the violating establishment or the one which participated in the violation of the 
copyright, for a period not exceeding two months. 
(4) Confiscation of all copies of the work along with the materials used or intended for use in the 
infringement on the copyrights. 
(5) Imprisonment for a period not exceeding six months. 
 
Second: 
Upon repetition of the infringement on the same work or any other work, the maximum limit 
of penalty, fine and closure may be doubled.  
Third: 
If the Committee sees that the violation entails imprisonment or a fine exceeding one hundred 
thousand riyals or cancellation of the license, th e case shall be submitted to the Minister for 
referral to the Board of Grievances.   IP/N/1/SAU/C/1 
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  Fourth: 
The Committee may decide on financial compen sation for the benefit of the owner whose 
right has been infringed upon and who files the compla int. Compensation shall be consistent with the 
size of infringement and the damage incurred. 
Fifth: 
      The Committee may include in its decisi on the punishment of defamation against the person 
who commits the infringement. Publication of such shall be at his expense and by the method the 
Committee deems appropriate.  
Sixth: 
      The Committee may include in its decisi on suspension of participation of the infringing 
establishment in the activities, occasions or exhib itions, if the infringement was discovered during a 
commercial event, provided that the period of suspension shall not exceed two years. 
Seventh:  
      The Committee may issue an injunction ag ainst the printing of the work infringed upon, its 
production, publication or distribu tion, in addition to protective im pounding of the copies, materials 
and pictures made from it. It may take any temporary measure it finds necessary to protect the 
copyright till a final decision is reached regarding the complaint or grievance. 
The implementing regulations shall specify the protective impounding procedures. 
Article 23: Grievance 
Anyone against whom a decision was made by th e Committee shall have the right to file a 
grievance with the Board of Grie vances within sixty days from th e date of notification of the 
decision.   
Article 24: Investigation of Violations 
The officers concerned at the Ministry shall investigate the violation and visit media and 
commercial facilities, warehouses and public instit utions and private establishments that use 
intellectual works in their activiti es and investigate them. They shall have the power of judicial 
investigation and protection of evidentiary proofs. 
The implementing regulations shall specify the rules and procedures which these employees shall 
adhere to. 
Article 25: Violation Review Committee  
(1) A Committee to review the violation shall be formed by the Minister's decision, with a 
minimum of three members, provided that one of them is a legal advisor and the other a Shari’ah 
advisor. 
 (2) Decisions of the Committee shall be made by majority vote, which shall be endorsed by the 
Minister. 
 
 IP/N/1/SAU/C/1 
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  Chapter Seven 
General Provisions 
 
Article 26: Issuance of implementing regulations 
 
The implementing regulations of this Law shall be issued by the Minister, within six months, 
and it shall be published in the Official Gazette. 
 Article 27: Superceding other laws  
This Law shall supercede the Copyright La w issued by the Royal decree No. M/11, 
dated 19/05/1410 H. 
 
Article 28: Validity of this Law 
 
This Law shall be published in the Official Gazette, and it shall be effective six months after the date 
of its publication.    
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