Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights (economy and business law)

Article (1) 
Definitions  
For the purpose of applying the provisions of the present Decree -Law, the following words 
and expressions shall denote the meanings assigned thereto respectively, unless the context 
requires otherwise:  
 State  : The United Arab Emira tes. 
 Ministry  : The Ministry of Economy.  
 Minister  : The Minister of Economy.  
 Competent Court  : The Federal Court of Appeal.  
 Civil Court  : The federal or local court of first instance, as the case may be.  
 Grievance Committee  : he Committee set out in article (37) of the present Decree -Law.  
 Broadcasting 
Organization  : Any entity that transmits wireless audiovisual or audio 
broadca sting.  
 Broadcasting  
 : A means for transmitting or embodying sound s or images and 
sounds via wireless means to be received by an audience, 
including, among others, any similar transmission made via 
satellites or the transmission of encrypted signals if the 
Broadcasting Organization provides the encryption tool or 
makes i t available based on its approval.  
 Authorized 
Organization  
 : A non -profit organization that provides services of education, 
training, reading for the blinds or access to information for the 
beneficiaries, including government entities and non -profit 
organizations that provide the same services to the 
beneficiaries within their main activities or institutional 
obligations.  
 Work  
 : Any creative product in the field of letters, arts or science, of 
whatever type, expression method, significance or purp ose.   
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  Author  
 : A person who creates a Work, whose name is mentioned on a 
Work or to whom a Work is ascribed for being its owner, unless 
otherwise established. An Author of a Work also includes any 
person who publishes a Work without a name or under 
pen name or in any other way; provided that the Author's true 
identity is not a matter of doubt. Should a doubt exist, the 
Work's publisher or producer, whether a natural or legal 
person, shall be deemed a representative of the Author in 
exercising his rights until the Author's true identity is 
recognized.  
 Innovation  
 : An innovative attribute grants the Work a sense of authenticity 
and distinctiveness.  
 Holders of Neighboring 
Rights  : Performers, producers of phonograms and Broadcasting 
Organizations, pursuant to the provisions of the present 
Decree -Law.  
 Performers  
 : Actors, singers, musicians, dancers and other persons who 
recite, chant, play music or perform in any other manner  any 
literary or artistic Works or any form of folkloric expression, 
whenever the same are protected under the provisions of the 
present Decree -Law or falling within the public domain.  
 Person  : A natural or legal person.  
 Phonogram Producer  
 : A Person that takes the initiative and assumes the 
responsibility for the first fixation of sounds constituting the 
performance or other sounds, or the first fixation of the 
representation of sounds.  
 Publication  
 : Making a Work , audio or visual recording, Broadcasting 
program or any performance available to the public by any 
means.  
 Public Performance  : To communicate a Work to the public by any means, whether  
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  by direct communication or otherwise, such acting, showing 
audio or visual Works, artistic theater performances, 
presentation, playing musical Works and reading literary 
Works, whether live or recorded communication.  
Communication to the 
Public  
 : Transmitting literary and artistic Works, including audio, video 
or a udiovisual Works, to the Public by any wired or wireless 
means, and making them available to the public so that they 
can access them at a place and time of their own choice.  
Reproduction  
 : To make one or more copies of a Work, phonogram, 
broadcasting program or any performance in any form or 
manner, including download or permanent or temporary 
electronic storage, whatever the technique or tool used for the 
reproduction.  
Audiovisual Fixa tion  
 : The embodiment of moving images, whether or not 
accompanied by sounds or voice -overs, by which they can be 
perceived, reproduced or communicated through a device.  
Audio Recording  
 : Fixing sounds constituting the performance or other sounds or  
fixing voice -overs, without prejudice to the rights arising 
therefrom, by inserting the same in a cinematographic Work or 
an audiovisual Work.  
Audiovisual Work 
Producer  : A Person providing necessary facilities to produce an 
audiovisual Work and unde rtaking the responsibility for such 
production.  
Collective Work  
 : A Work created by a group of Authors under the direction and 
supervision of a Person that undertakes the publication thereof 
it in its name, where the work of the Authors is assembled and 
the separation or distinction of each author's work is 
impossible.  
Joint Work  : A Work created by several Persons, whether the each Person's 
own work is separable or inseparable, and which does not fall  
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  under Collective Works.  
Derivative Work  : A Work derived from an already existing Work, such as 
translations,  collections of literary and artistic Works and 
collections of folkloric expressions, as long as being innovative 
in terms of the arrangement or selection of their content.  
National Folklore  
 : Any expression of oral, musical, movement or contact folkl ore 
in distinct elements reflecting the traditional artistic heritage 
that has originated or survived in the State, and which cannot 
be attributed to an identified Author.  
Beneficiary/ Beneficiaries  
 : The disabled persons who are blind or suffer from v isually 
impairment to an extent that their eyesight cannot be 
improved to be equal to that of a person without such 
disability, or otherwise the disabled who are unable to read or 
hold or use a book due to a physical disability, regardless any 
other disabi lities.  
Accessible Format Copy  : A copy of a Work in an alternative manner or format that 
enables a Beneficiary to easily and smoothly access to the 
Work as a Person without visual impairment or any other 
disability preventing access to Works, without prejudice to 
moral rights of the or iginal Work.  
Works Transferred to or 
Falling into the Public 
Domain  : All Works originally excluded the protection or whose 
economic rights protection term expires.

Article (2) 
Protected Works  
Authors of Works and Holders of Neighboring Rights shall avail of the protection prescribed 
in the present Decree -Law, if their rights are infringed in the State, particularly the following 
Works:   
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 1. Books, pamphlets, essays and other written Works;  
2. Smart applications, software and software applications, databases and similar Works 
identified by a resolution of the Minister;  
3. Oral and written lectures, speeches and sermons and other Works of similar nature;  
4. Dramatic, dramatico -musical Works and dumb shows;  
5. Musical Works with or without words;  
6. Audio or visual or audiovisual Works;  
7. Architecture Works and engineering drawings and plans;  
8. Works of drawing, painting, sculpture and lithography and printing on fabrics, wood, or 
metal or any similar Works within the scope of fine arts;  
9. Photographic Works and similar Works;  
10. Works of applied and plastic arts;  
11. Illustrations, geo graphical maps, sketches, 3D Works related to geography, topography, 
architectural designs ... etc.;  
12. Derivative Works, without prejudice to the protection conferred upon the Works from 
which they have been derived.  
The protection includes the title of the Work, if innovated, and the innovative idea written 
for a Broadcasting program.

Article (3) 
The protection does not cover:  
1. Ideas, procedures, work techniques, mathe matical concepts and principles and facts that 
are abstract yet applicable to the innovative expression of any one of them;  
2. Official documents, whatever their original language or the language into which they are 
translated, such as texts of laws, reg ulations, resolutions, international conventions, 
judgments, awards and decisions issued by administrative committees having judicial 
mandate;  
3. News, news reports and current events that are merely media news; and  
4. Works transferred to the public d omain.  
Nevertheless, Clauses (2), (3) and (4) above shall enjoy the protection should the  
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 compilation, arrangement or any effort therein be classified as innovation.

Article (4)  
Registration of Work Rights  
1. The Executive Regulations of the present Decree -Law shall regulate the registration of 
Work rights and dispositions made thereof. The Ministry's registers shall constitute a 
reference of Work details and ownership.  
2. The failure to register a Work or an y dispositions thereof shall not prejudice any aspect 
of the protection or rights established by the present Decree -Law.

Article (5)  
Author's Moral Rights  
1. The Author and his/her universal successor in title shall enjoy moral rights to the Work that a re not subject to prescription or assignment.  
2. The rights of the Author and his/her universal successor, referred to in Clause (1) above, 
to the Work shall be as follows:  
a. Publication of the Work for the first time;  
b. Ascription of the Work to his/her Author;  
c. Objection to any modification to the Work if the same would lead to distortion and 
mutation of the Work or taint the Author's reputation; and  
d. Submission of an application to the Civil Court to recall the Work from circulation, 
based on reasons justifying the same, except for smart applications, software and software applications.

Article (6)  
Modification in Translation  
Modification in translation shall constitute an infringement only if the translator fails to refer 
to deletions or changes or if his work taints the Author's reputation.  
   
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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 (8)  
Rental of Software and Audiovisual Works  
The rental right shall neither apply to software and smart applications unless the software 
itself is the original object of rental, nor apply to audiovisual Works unless it would affect the 
normal utilization thereof.

Article (9)  
Transfer and License of F inancial Rights of Author  
1. The Author or his/her successor in title may transfer to or license third parties, whether a natural or legal Person, all or part of his/her economic rights set out in this Decree -Law. 
In order for such action to take an eff ect, it shall be made in writing and specifying the 
right in question, along with indicating the purpose of and the utilization duration and 
place.  
2. The Author shall be the owner of all rights not expressly assigned by him.  
3. Without prejudice to th e Author's moral rights set forth in this Decree -Law, the Author 
may not carry out any action that would impair the utilization of right in question.  
  
 
  
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Article (10)  
Consideration for Transferring Rights of Economic Utilization  
The Author or his/her successor  in title may receive cash or in- rem consideration for 
transferring any single or more economic utilization rights of a Work to third parties on the 
basis of proportional sharing of the revenues generated from the utilization and/or a lump 
sum.

Article (11)  
Reconsideration of the Agreed Consideration Amount  
If the agreement referred to in article (10) above is turned out to be unfair for the Author's 
rights or any Holders of Neighboring Rights , or if it becomes so due to circumstances 
occurring after enter ing into the agreement, the Author or his/her successor in title or their 
successors in title may recourse to the Civil Court to claim reconsideration of the agreed 
consideration amount.

Article (12)  
License of Economic Rights for Smart Applications, Computer ... etc.  
Without prejudice to the provisions of article (9) above, the license of economic rights of 
Works of smart applications, software and software applications or databases shall b e 
governed by the terms and conditions mentioned in or labelled on the software, whether 
appearing on the software package or when the software is installed or stored as to be seen on the computer or smart phone screen or any other technological device on which the 
software is installed or stored. The software purchaser or user shall be bound by the terms and conditions mentioned in the provisions of the said license agreement.

Article (13)  
Author's Disposition of the Original Work Version  
The Author's disp osition of the original version of his Work, in any form whatsoever, shall 
not transfer any of his economic rights thereto, unless otherwise agreed.   
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 However, the transferee may not be obligated, without a prior agreement, to enable the 
Author to copy, transfer or otherwise make the same available to third parties.

Article (14)  
Attachment of Economic Rights of Authors  
Economic rights of Authors to their published Works may be subject to attachment. Meanwhile, Works whose Author dies before publishing them may not be attached, unless it 
is decisively proved that he intended to publish them before his death.

Article (15)  
Future Production  
1. Any disposition by the Author of his entire future intellectual product shall be null and 
void.  
2. Notwithstanding Clause (1) above, the Author may enter into an agreement on a number of his future Works, as defined by the Executive Regulations of the present 
Decree- Law.

Article (16)  
Moral Rights of Performers  
Performers and their universal successors in title shall enjoy a moral right, which is not 
subject to assignment or prescription, which confers upon them the following rights:  
1. The right to ascribe the performance to themselves, whether live or recorded 
performance.  
2. The right to prevent any change, distortion, mutilation or modification in their 
performance that would damage their reputation.

Article (17)  
Exclusive Economic Rights of Performers  
Performers shall enjoy the following exclusive economic rights:   
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 1. To transmit and communicate their unfixed performance to the public;  
2. To fix their performance on a Phonogram or audiovisual fixation;  
3. To copy their fixed performance on a Phonogram or audiovisual fixation;  
4. To rent out the original version of their phonograms or other versions proving their 
performance to the public for commercial objectives;  
5. To distribute the original version o f their phonograms or other versions proving their 
performance through sale or any other means of disposition leading to the transfer of 
title; and  
6. To make their phonograms proving their performance available to the public via wired 
or wireless means,  so that a public audience may check them or access thereto in any 
way they wish.  
The recording of live performance on a phonogram or renting it out to earn direct or indirect 
commercial returns or transmit the performance or make it available by any means  
whatsoever without the consent of the right holder shall be deemed an act of prohibited 
utilization.

Article (18)  
Exclusive Economic Rights of Phonogram Producers  
Phonogram Producers shall enjoy the following exclusive economic rights to their phonograms:  
1. To reproduce their phonograms by any means whatsoever;  
2. To distribute the original version of phonograms or other phonogram versions to the 
public through sale or any other disposition entailing the transfer of title;  
3. To rent out the original version or other phonogram versions to the public for commercial  purposes;  
4. To make phonograms available to the public by any means whatsoever;  
5. To broadcast and transmit phonograms to the public by any means whatsoever; and  
6. To prevent any utilization of their phonograms by any means without being so licen sed 
by them.  
The reproduction, rental, broadcasting transmission or retransmission or making such  
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 phonograms available via computers or other means shall constitute a prohibited utilization.

Article (19)  
Exclusive Economic Rights of Broadcasting Organization  
The Broadc asting Organization shall have the following exclusive economic rights:  
 
1. To license the utilization of its broadcasting recordings and programs; and  
2. To prevent any unauthorized communication of its programs or recordings to the public, 
particularly recording, copying, reproducing, renting out, rebroadcasting or 
retransmitting the programs to the public by any means whatsoever.

Article (20)  
Protection Term  
1. The Author's economic rights set forth in this Decree -Law shall be protected through h is 
lifetime and (50) fifty years later, commencing from the first day of the calendar year 
following the death year.  
2. The economic rights of Authors of Collective Works shall be protected through their 
lifetime and (50) fifty years later, commencing from the first day of the calendar year 
following the death of the last surviving Author.  
3. The economic rights of Author s of Collective Works, except for Authors of applied art 
Works, shall be protected for a period of (50) fifty years, commencing from the first day of the next calendar year of the first publication if the Author is a legal person, but if the 
Author is a natural Person, the period shall be calculated according to the provisions set 
forth in Clauses (1) and (2) above.  
4. Economic rights to Works published for the first time after the death of their Author shall 
be protected for the period of (50) fifty year s, commencing from the first calendar year 
following the year of first publication.  
5. Economic rights to Works published anonymously or under penname shall be protected 
for (50) fifty years, commencing from the first day of the next calendar year of the  year of  
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 first publication. If the Author of such Works is known and identified or has disclosed his 
identity, the period of protection shall be calculated according to the provisions set forth 
in Clause (1) above.  
6. Economic rights of Authors of applie d art Works shall lapse after (25) twenty five years, 
commencing from the first calendar year following the year of publication for first time.  
7. In cases the term of protection is calculated from the date of first publication, the date of 
the first pub lication shall be adopted as a basis for calculating the term irrespective of the 
re-publication, unless the Author has introduced to his work, when republished, 
substantial modifications that make it look as new Work. If the Work consists of many parts or  volumes published separately at intervals, each part or volume shall be 
considered a separate Work when calculating the protection term.  
8. The economic rights of Performers shall be protected for a period of (50) fifty years to be 
calculated from the f irst day of the next calendar year in which the performance is made. 
If the performance is fixed in a phonogram or audiovisual fixation, the period shall be 
calculated from the end of the year in which the fixation is made.  
9. The economic rights of Phonogram Producers shall be protected for (50) fifty calendar years calculated from the first day of the next calendar year in which the phonogram is 
published or the year in which the phonogram is fixed if it has not been published . 
10. The rights of the Broadcasting Organization shall be protected for (20) twenty years 
calculated from the first day of the next calendar year in which the first transmission of 
this program is made.

Article (21)  
Compulsory License of Reproduction o r Translation  
Any person may ask the Ministry to grant him a compulsory license, without the Author's 
consent, for Reproduction and/or translation of any Work protected under the provisions of 
this Decree -Law after (3) three years from the date of the Work  publication in case of a 
translation license. The license shall be issued based on a reasoned decision indicating the 
time and place of utilization and the fair consideration payable to the Author, in a manner 
that ensures that no damage is inflicted on t he Author or his successor or prejudice the  
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 normal utilization of the Work; provided that the purpose of granting such license is limited 
to meeting the needs of education of all types and levels or needs of public libraries and 
archiving houses, in accord ance with the conditions, controls and procedures defined by the 
Executive Regulations of this Decree -Law.

Article (22)  
Limitations and Exceptions  
Without prejudice to moral rights of the Author stipulated in this Decree -Law, and in a 
manner not contradict ing the normal utilization of the Work and causing no harm to lawful 
interests, the Author, after publishing his Work, may not prevent third parties to:  
1. Make a single copy of the Work for personal and non -commercial or professional use of 
the copier,  excluding the following:  
a. Works of fine and applied arts, unless they are placed at a public place, with the 
consent of the right holder or his successor;  
b. Works of architect ure if permanently standing at public places; and  
c. Software, software applications and databases, except as indicated in Clause (2) 
below.  
2. Make a single copy of software, software applications or databases by their rightful 
holder and for his sole  use to quote from; provided that such action is made within the 
limits of the licensed purpose or for the purpose of retention or substitution when the 
original copy is lost or damaged or became invalid for use; provided that the reserve or derived versio n is destroyed even if it was stored or loaded in a computer as soon as the 
right of acquisition of the original copy is no more valid.  
3. Copy from protected Works to use them in legal proceedings or the like, within the limits 
required by such proceedi ngs; provided that the source and the Author's name are 
mentioned.  
4. Make a single copy of the Work with acknowledgement of a documentation or archiving house, libraries or documentation centers, which do not seek direct or indirect profit, in 
one of th e following cases:  
a. Copying must be for the purpose preserving the original version or to substitute a  
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 version lost, destroyed or became unsuitable for use and it is impossible to obtain a 
substitute thereof based on reasonable conditions.  
b. The purpose for copying must be in response to a request of a natural Person to use it either in research or study; provided that the same is made for one time or for interrupted periods of time where a copying license became impossible in 
accordance with the provisions of this Decree -Law.  
5. Quote short paragraphs, excerpts or analysis of the Work, within reasonable normal 
ranges, for the purpose of criticism, discussion or information; provided that the source 
and the Author's name are mentioned.  
6. Perform the Work in family meetings or by students in an educational institution against 
no direct or indirect charge.  
7. Present Works of fine, applied, plastic or architectural arts in broadcasting programs if such Works are permanently exist at public places.  
8. Copy short parts of a Work in a written, audio -recorded or audiovisual- recorded form for 
educational, cultural, religious or vocational training purposes; provided that copying is 
made within reasonable limits and does not go beyond the purpos e thereof; meanwhile, 
the Author's name and the Work title are mentioned whenever possible and the copier 
may not aim at making direct or indirect profits; provided that the license for copying is 
unobtainable in accordance with the provisions of this Decr ee-Law.  
9. Copying shall be an incidental inseparable part of the transmission of a Work via a 
medium or network between other parties, or within a process rendering a legal version 
of the Work digitally stored and accessible.  
10. Copying shall be mad e by a person licensed by the right holder or by law to process the 
transmission or the process referred to in Clause (9) above.  
11. Copying shall be made among technological accidental imperative steps to perform a 
project, in a manner that ensures the automatic deletion of the copy and renders it irretrievable for any other purposes, except for the purposes set out in Clauses (9) and 
(10) above.  
  
  
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Article (23)  
Accessible Forma t Copy 
1. The Beneficiary or his representative may prepare copies of any Accessible Format Copy 
for personal use.  
2. The Authorized Organization may prepare an Accessible Format without introducing any unnecessary changes or obtaining the same from another Authorized Organization 
without the Author's authorization to make the same available for Beneficiaries inside 
and outside the State, whenever it has a legal access to the Work or a copy thereof and 
the activity is unprofitable.  
3. For the purpose  of preparing an Accessible Format, the Executive Regulations of this 
Decree- Law shall set the conditions and controls required be fulfilled by Authorized 
Organizations.

Article (24)  
Publication of Specific Works  
1. Without prejudice to the Author's moral rights under the provision of this Decree -Law, 
the Author may not prevent copying through newspapers, circulars or Broadcasting Organizations, within the limits justified by the purpose intended from publication of 
any of the below; provided that a reference is made to the source quoted from and the 
Author's name:  
a. Excerpts from his/her Works legally made available to the public. The same shall 
apply to quoting, broadcasting or transmitting excerpts from audio or video Works 
during current events to the public by any means whatsoever.  
b. Published articles related to discussions on subjects representing a matter of concern for the public opinion at a given time, unless no publication ban is stated at the time 
of publication.  
c. Speeches, lectures and addresses delivered at public sessions of parliamentary and 
judicial councils and public meetings; provided that they are copied in the context of 
transmitting breaking news.   
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 2. Subject to Clause (1) above, the Author or his/her successor shall have the exclusive 
right to compile any of such Works in groups to be asc ribed to him/her.

Article (25)  
Limitations of Holders of Neighboring Rights  
The limitations prescribed for the Author's economic rights, set forth in this Decree -Law, 
shall apply to Holders of Neighboring Rights.

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 other wise 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 (27) 
A natural or legal Person who directed the creation of the Collective Work may solely 
exercise Author's moral and economic rights, unless otherwise agreed.  
 
 
  
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Article (28) 
Author's Economic Rights in His Relationship with Third Parties 
Unless otherwise agreed in writing, Author's economic rights in his re lationship 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 (29)  
Co-Author  
1. The below persons shall be deemed a co -author of an audio or visual Work or an 
audiovisual Work:  
a. A scenarist or written idea writer;  
b. A person who modifies an existing literary Work to be adequately appropriate for an 
audiovisual method;  
c. A scriptwriter;  
d. A music composer if he composed it specifically for the Work; and  
e. A director if he practiced an actual supervision to accomplish a Work.  
2. If the Work is derived or extracted from a previous Work, the previous Work Author shall 
be deemed a co -author in the new Work.  
3. An Author of a literary or musical part may publish his part in a way other than the way in which the Joint Work is publish ed, unless otherwise agreed in writing.   
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 4. If a co- composer composing an audio or visual or audiovisual Work refrains from 
completing his part, the same may not prevent the remaining co -composers from 
utilizing the part he implemented, without prejudice to the rights of the refrainer arising 
from the co -composition.  
5. The producer, throughout the whole period of utilization of the agreed audio or visual or 
audiovisual Work, shall be acting on behalf of the Work Authors and their successors to 
agree on the utilization thereof, without prejudice to rights of Authors of the literary, 
derived- musical or modified Works, unless otherwise agreed in writing. Meanwhile, the 
producer shall be considered a publisher of such Work and shall have the publication 
and reproduction rights thereto within the limits of the economic utilization purposes.  
6. If a Performer agrees to have his performance fixed in an audiovisual fixation, the exclusive economic rights of the license of utilizing the performance fixed in the 
audiovisual fixation, set forth in this Decree -Law, shall be transferred to the producer of 
the audiovisual fixation or the person authorized to the same, unless otherwise agreed 
between the Performer and the producer of audiovisual fixation.

Article (30) 
A Work publisher shall be authorized to exercise the rights set out in this Decree -Law if the 
Work does not bear the Author's name or under penname, unless the Author appoints 
another agent or reveals his identity and proves his capacity or no d oubt is raised on his real 
identity.

Article (31)  
Rights of Architect  
1. Rights of an architect to architectural designs shall be owned by the property owner or 
the like, unless otherwise expressly agreed.  
2. A property owner or the like may introduce  any improvements or changes to an existing 
building, subject of engineering drawings, designs and plans, pursuant to the legislation in force.   
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 3. Buildings may not be seized or ruled to be destroyed or to change their features or to 
confiscate them so a s to preserve rights of an architect whose architectural designs, 
drawings or plans have been unlawfully used, without prejudice to his right to fair compensation.

Article (32) 
Operating Rules of Associations or Entities in Charge of Managing 
Copyright (Co llective 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 (33) 
The associations or entities set out in article (32) above shall make no preference among 
applicants seeking to enter into contracts with them on the utilization of Works entrusted to 
them to manage. Granting utilization licenses by the association or authority against a lower 
consideration shall not constitute preference in the following cases; provided that its 
decision shall be reasoned:  
1. Utilization of Works in public celebrations through live  performance by Performers.  
2. Utilization of Works in the context of educational or cultural activities that do not 
generate direct or indirect returns.

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  
Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights  21 
 on permitted persons upon the violation of the provisions of this Decree -Law and its 
Executive Regulations.

Article (35)  
Actions Taken by the Court against Infringing Works  
Subject to the provisions of Federal Law No. (11) of 1992, a judge of summary proceedings 
of the Competent Civil Court, at the request of the Author or his successor , based on an 
order on petition, may order the following actions against any Work published or presented without written permission from the Author or his successor:  
1. Suspending the Work publication or manufacture.  
2. Imposing seizure on the original Work or its copies and materials used in the republication of the Work or the extraction of copies thereof; provided that such 
materials are valid only for the republication of the Work.  
3. Proving public performance for rhythm, acting or communicating  a Work in public, as 
well as preventing the continuation of the current show or prohibiting it in the future.  
4. Imposing attachment on the revenues generated from the publication or show.  
5. Establishing the infringement of any rights protected under the provisions of this 
Decree- Law pursuant to the provisions of this Decree -Law.  
The judge of summary proceedings may order the applicant to pay an adequate deposit. The 
applicant shall file the o riginal dispute to the Civil Court within the (20) twenty days 
following the order issuance, and if not filed within such time limit, it will entirely be ineffective.

Article (36) 
Any person against whom the order referred to in article (35) above is issue d may file a 
grievance with the president of the court that issues the order, within the (15) fifteen days 
following the issuance date thereof. In this case, the president of the court may either wholly 
or partially uphold or revoke the order or appoint a receiver whose mission is to republish, utilize, present, manufacture or extract copies of the disputable Work, and the generated  
Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights  22 
 revenues shall be deposited in the court treasury until the original dispute is adjudicated.

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 (38)  
Customs Clearance  
1. Subject to the legislation in force in the State, customs authorities may, either on its own 
accord or at the request of the Author or holder of the right or their successors in title or 
representatives, order , based on a reasoned decision, to prevent the customs clearance 
up to (20) twenty days for any materials violating the provisions of this Decree -Law.  
2. Customs authorities may not prevent the Author or holder of the right or their successors 
or repres entatives to examine materials ordered not to be cleared.  
3. The Executive Regulations of this Decree -Law shall define the conditions, controls and 
procedures related to the examination and the submission of an application to suspend 
the customs clearance and decide thereon.   
Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights  23

Article (39) 
Penalties  
1. Without prejudice to any severer penalty set forth in any other law, any Person 
committing any of the below actions, without written permission from the Author or 
Holder of Neighboring Rights or their successors, shall be penalized by imprisonment for 
a te rm not less than (2) two months and/or a fine not less than (AED 10,000) ten 
thousand dirhams and not more than (AED 100,000) one hundred thousand dirhams:  
a. Infringing any moral or economic rights of the Author or Holder of Neighboring 
Rights set fort h herein, including making any Work, performance, phonogram or 
broadcasting program covered by the protection prescribed herein available to the 
public, whether via computers, online networks, information networks, 
telecommunication networks or other techn iques or means.  
b. Selling, renting out or trading, in any form whatsoever, a Work, phonogram or broadcasting program protected under the provisions of this Decree -Law. Multiple 
penalties shall be imposed depending on the number of Work, performance, 
program or recording, subject of the crime.  
2. The penalty shall be imprisonment for a term not less than six months and a fine not less than (AED 100,000) one hundred thousand dirhams and not more than (AED 500,000) 
five hundred thousand dirhams in case of recidivism.

Article (40) 
1. Without prejudice to any severer penalty set forth in any other law, any Person 
committing any of the below actions shall be penalized by imprisonment for a term not 
less than (6) six months and/or a fine not less than (AED 100,000) one hundred 
thousand di rhams and not more than (AED 700,000) seven hundred thousand dirhams:  
a. Unlawful manufacture or import for the purpose of sale, rental or trading any Work, 
counterfeit copies, equipment, means or tools designated or customized to 
circumvent the protect ion or technology used by the Author or the Holder of Related 
Right to transmit, trade, organize or manage such rights or to maintain a certain  
Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights  24 
 quality of copies.  
b. Unlawful disrupt or render any protection of technology or electronic information 
intended to organize and manage the rights prescribed in this Decree -Law defective.  
c. Download or store in a computer any software, software application or databases 
with out authorization from the Author or the right holder or their successors.  
2. The penalty shall be imprisonment for a term not less than (9) nine months and a fine not less than (AED 500,000) five hundred thousand dirhams and not more than (AED 1,000,000) one million dirhams in case of recidivism.

Article (41) 
Any Person that uses software, software application, smart applications or databases without prior authorization of the Author or his successor shall be penalized by a fine not 
less than (AED 30,00 0) thirty thousand dirhams and not more than (AED 100,000) one 
hundred thousand dirhams per software, application or database.  
The penalty shall be a fine of not less than (AED 100,000) one hundred thousand dirhams 
and not more than (AED 1,000,000) one million dirhams in case of recidivism.  
If the crime is committed in the name or in favour of a legal Person or commercial or 
profe ssional establishment, the court may rule the closure for a period not exceeding (3) 
three months.

Article (42) 
Without prejudice to the penalties prescribed in Articles (39), (40) and (41) above, the court shall order confiscation and destruction of count erfeit copies, involved in the crime or by 
which the crime is made. The court shall also rule to confiscate equipment and tools, which are valid only for such purpose, used in the crime commission. The court may also order 
closure of the establishment in w hich the counterfeit crime is committed up to six month, 
and publish the summary judgment of conviction in one or more daily newspaper at the expense of the convict.  
   
Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights  25

Article (43)  
Compensation in Case of Infringement of Rights  
The Author or the holder of right may claim for compensation in case his moral and 
economic rights area infringed, as per the general rules.

Article (44)  
Exercise of Author's Rights in the Absence of Heirs  
Moral and economic rights of the Author and Performers to any Work shall devolve  to the 
Ministry in the absence of an heir or a legatee. The Ministry shall continue to exercise the 
moral rights set forth herein, so as to preserve the Work, following the expiry of the 
protection term of economic rights prescribed for the Work.  
  
Articl e (45)  
Photos or Audio or Video Recordings of Third Parties  
Subject to Clause (9) of article (2) above, where an agreement is made with a Person to 
capture a photo or make audio or video recordings, in any way whatsoever, such Person 
may not keep, show or pu blish the original or copies thereof without authorization of such 
Person, unless otherwise agreed.  
The publication of photos in the following cases shall be excluded of the above:  
1. Incidents publically occurred, unless the publication is banned by co mpetent authorities.  
2. Coverage or photography/videography of government events and activities organized for the public at a public place.  
3. Where permitted by competent authorities for the public interest.  
Taking into consideration that the publication or circulation of photos will not offend the Person's honour or reputation.  
In all cases, a Person represented in a photo or his successor or t he entity he represents, 
where the photo is due to his job performance, may authorize the publication thereof in 
different means of publication or the utilization or use thereof, even if the photographer 
does not allow for the same, unless otherwise agreed .  
Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights  26 
 Article (46) 
Compliance by Carriers  
Without prejudice to any provision set forth in this Decree -Law, national carriers, including 
airplanes, vessels and trains, shall comply with the provisions thereof.  
  
Article (47)  
Supervision and Control  
The Ministry s hall supervise and control the implementation of the provisions of this 
Decree- Law and detect crimes and violations violating the provisions thereof. By virtue of a 
resolution of the Cabinet, at the proposal of the Minister, such functions may be delegated  
to any competent local authorities.  
  
Article (48)  
Judicial Officer Capacity  
Employees of the Ministry or employees of local authorities to be nominated under a 
resolution to be issued by the Minister of Justice, in agreement with the Minister or the 
presid ent of the local judicial authority, shall have the capacity of judicial officer to detect 
violations against the provisions of this Decree -Law, the Executive Regulations thereof or 
resolutions issued in implementation thereof, within the respective area o f competence of 
each one of them.  
  
Article (49)  
Fees  
The Cabinet shall issue a resolution identifying fees necessary for implementing the 
provisions of this Decree -Law.  
  
Article (50)  
Executive Regulations  
The Cabinet shall, at the proposal of the Minister, issue the Executive Regulations of this  
Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights  27 
 Decree- Law.  
  
Article (51)  
Implementing Resolutions  
The Minister shall issue resolutions necessary for executing the provisions of this 
Decree- Law.  
  
Article (52)  
Repea ls 
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.  
  
Article (53)  
Publication and Entry into Force  
This Decree -Law shall be published in the Official Gazette, and shall enter into force as of 
2nd January 2022 AD.  
   
Khalifa bin Zayed Al Nahyan  
UAE President  
 
Issued by us at Abu Dhabi Presidential Palace  
Dated: 13 th Safar 1443 AH,  
Corresponding to: 20 th September 2021 AD