Month: November 2014

The first copyright law to exist in Arab countries came at the time when the Ottoman Empire was in control of major parts of what makes up the Arab world including Libya, Egypt, Syria, Lebanon, Jordan, Palestine, Iraq, and Saudi.
The first official Ottoman copyright law was passed in the form a regulation in 1850 called “Encumen-I Danis Nizamnamesi” (More info on this masters thesis). This regulation was later followed by a proper copyright act in 1910 which remained in force until 1951. Even though this was a modern and sophisticated law for its time, there is no evidence that this law was ever enforced in the capital of the Ottoman Empire, let alone any of the remote territories of the Empire (This ebook on Turkish  IP law talks more about this). However, a lot of literature still acknowledges its application, at least theoretically, to former territories within the Ottoman Empire such as Iraq, Jordan, Lebanon, and Palestine.

The Ottoman Copyright Law of 1910 was passed after the creation of the Berne Convention and its Berlin revision, but it was not compatible with its provisions, naturally because the Ottoman Empire was not a member of the convention. Nonetheless, the Ottoman Copyright Law of 1910 was still a modern copyright for its time as it was modeled after the German Copyright Law of 1901. The Ottoman Copyright Law granted protection for literary and pictorial works, engravings, sculptures, maps, musical works and notes, as well as lectures. The law covered the rights for copying and performing and allowed exceptions such as those for political speeches, judicial proceedings, and criticism. The law required formalities, registration, and deposit. The protection was generally for the life of the author plus 30 years after his death with the exception of charts and maps which lasted for 18 years after the death of the author and translations which lasted for 15 years after the death of the translator. In addition to the provisions of the Copyright Law itself, the Ottoman Criminal Act also created specific offenses against copyright infringement.

The following papers provide additional info on this largely forgotten law:

• Birnhack M. “Hebrew Authors and English Copyright Law in Mandate Palestine” (February 11, 2010). Theoretical Inquiries in Law, Vol. 12, No. 1, 2011. Available at SSRN: http://ssrn.com/abstract=1551425
• Zemer L., ‘Copyright Departures: The Fall of the Last Imperial Copyright Dominion and the Case of Fair Use’ , 60 DePaul L. Rev. 1051 (2011) Available at: http://via.library.depaul.edu/law-review/vol60/iss4/5
• Surmeli, Gungor (2011), ‘The Enforcement of Intellectual Property Rights (IPR) in Turkey in the EU Accession Process: A Perceptoin Analysis of the Police Officers Dealingw ith IPR Crimes”, Durham theses, Durham University. Available at Durham E-Theses Online:  http://etheses.dur.ac.uk/1397/ .

Unlike many other countries in the Arab world, Oman was never colonized by neither of England or France and did not inherent copyright law from a colonizing regime. There is no record of any movement by the authors or the creative industries in Oman calling for a the establishment of a copyright law. Therefore copyright law is relatively a recent legal development in Oman that took place as a result of pressure from the international community.
The first intellectual property legislation in Oman was issued in 1987 and covered only trademarks, agencies, and trade secrets. This legislation came as part of the natural progress of the legal commercial infrastructure and was required for the smooth operation of the everyday business in the country. Copyright law (Royal Decree No 47/1996) on the other hand became a recognized form of intellectual property almost 10 years after the the first intellectual property law in Oman in 1996 making Oman was one of the last countries in the Gulf to enact copyright legislation. This legislation came as part of Oman’s efforts towards its integration in the international community as it passed the first copyright law in July, then joined WIPO a couple of months later in September of the same year and ratified the Berne Convention in 1998.

The 1996 Omani copyright law granted automatic protection to all forms of literary, scientific, artistic, and cultural works including computer programs for a general period of the lifetime of the author plus 50 years after his death. The law also included criminal offenses such the payment of fines and imprisonment for copyright infringement in certain circumstances.

In preparation for its membership to the WTO in the year 2000, Oman decided to revise all of its intellectual property laws including copyright. This led to the enactment of the Copyright and Neighboring Rights Law of 2000 (Royal Decree No 37/2000) which added protection for performers, broadcasters, and producers of sound recordings among other things.

In 2006, Oman became the fourth Arab country to sign a free trade agreement with the United States and this required it to revise its intellectual property rights again. This led to the enactment of the third and current copyright law in 2008 (Royal Decree No 65/2008). This law remains as one of the latest Arabic copyright legislations and illustrates a very protective copyright model that grants protection for technological protection measures and digital rights managements and provides sophisticated mechanisms for combating border control piracy, court interim measures, and criminal sanctions against copyright infringement.