|
Copyrights
Subject matter
The law regulating Copyrights
is contained in Law No.64 of 1999 (Copyright law). This law seeks
to protect authors of innovative compositions in literature, arts,
and science irrespective of its value, kind, purpose or the method
used to express the same. The protection offered to authors under
this law includes, written compositions, verbal compositions delivered
in the form of lectures, speeches, religious sermons, etc., theatrical
compositions, musical plays, musical compositions whether accompanied
by words or otherwise, compilations consisting of movements or
steps, cinematographic and broadcasting compilations whether audio
or visual, drawings, photography works, diagrams, architecture,
sculpture, decoration arts, engraving, explanatory photography
such as maps, designs, diagrams, geographical survey, computer
compilations, such as software, database, compilations in the
form of translations or extractions.
The law also seeks to protect
the rights of a person who translates a compilation into another
language, or summarizes, amends or explains a compilation so as
to create a new form of compilation.
Procedure, time and costs
Pursuant to a ministerial decision
in order to register a copyright in Kuwait the work is required
to be deposited at the Kuwait National Library. The following
steps are required to be taken:
- An application in the prescribed form is required to be completed
and submitted along with the work to the Kuwait National Library.
- The committee reviews the application and prepares a report
accepting or rejecting the work.
- The General Manager of the Kuwait National Library passes
a decision to accept or reject the application, giving reasons
for the decision.
- If the application is accepted the work is given a local and
international number.
In case the application
is rejected it may be resubmitted after rectifications to the
work have been carried out in line with the reasons for rejection.
Period of Protection and Remedies for Infringement
The period of protection is stated in Article
17 of the copyright law. For works compiled by authors, the period
of protection is 50 years from the year of death of the author,
the period of protection for compilations published by artificial
persons or under an artificial name or cinematic compilations,
works of photography, applied arts, software or compilations published
for the first time after the death of the author is 50 years.
For material prepared for broadcasting or television, the period
of protection is 50 years from the date of the end of the year
in which the recording was made. In respect of works owned by
broadcasting entities, the period of protection is 20 years from
the end of the year in which it was first broadcast.
In case of infringement or potential infringement
of copyright a judge may a temporary measure suspend the publication
production or presentation, as the case may be, of such work (Article
36 of the Copyright Law). Article 42 of the Copyright Law provides
that if the judge deems fit he may order the destruction of the
copies or photocopies of the compilation illegally published materials.
Alternatively, the court may award compensation for the use of
such work.
The penalty (Article 42 of the Copyright Law)
for infringement of a copyright is detention for a period of one
year or a fine of K.D 500/- or both. |
