Copyrights Law in Yemen

Yemen's current copyright framework is governed by Law No. 15 of 2012 on the Protection of Copyright and Related Rights, which came into force on July 22, 2012. This law superseded the earlier Presidential Decree No. 19 of 1994 on Intellectual Property and is aligned with international standards, including the Berne Convention for the Protection of Literary and Artistic Works, to which Yemen acceded on July 14, 2008. (WIPO, Wikimedia Commons)

📚 Scope of Protection

Under Law No. 15 of 2012, copyright protection extends to:

Literary, artistic, and scientific works, including books, articles, and computer programs.

Dramatic and musical compositions.

Pictorial, graphic, and sculptural works.

Photographic works.

Audiovisual works, such as films and television programs.

Sound recordings.

Architectural works.

Collective works, such as encyclopedias and anthologies.

Adaptations and translations of existing works.

The law also recognizes the rights of authors of traditional cultural expressions, provided these works have a distinguishing quality of their compiler, which deserves protection. (WIPO)

⏳ Duration of Protection

The duration of copyright protection varies based on the type of work:

Individual works: Protection lasts for the lifetime of the author plus 50 years.

Joint works: Protection lasts for the lifetime of all co-authors plus 50 years, starting from the beginning of the Gregorian year following the death of the last surviving author.

Collective and audiovisual works: Protection lasts for 50 years starting from the year following the first publication of the work. If the work is not published within 50 years from the date of creation, the protection duration shall end after 50 years from the beginning of the Gregorian year following the creation of the work.

Works published anonymously or under a pseudonym: Protection lasts for 50 years starting from the beginning of the Gregorian year following the first publication of the work. If the author reveals their identity, the duration of protection shall be in accordance with the provisions for individual works.

Applied arts and photography: Protection lasts for 25 years starting from the beginning of the Gregorian year following the creation of the work. (Wikimedia Commons, Wikimedia Commons, Wikimedia Commons)

These provisions are not retroactive. Works and rights related to them that were in effect at the time this law was passed may benefit from these provisions, provided these works had not fallen into the public domain. (Wikimedia Commons)

⚖️ Exclusions from Protection

The law does not extend copyright protection to:

Ideas, procedures, work methods, operations modes, concepts, principles, and data, even if expressed or described in a work.

Official documents, such as laws, regulations, government decisions, and judicial verdicts.

News about incidents or events, which are merely media descriptive material.

Works that have fallen into the public domain. (Wikimedia Commons)

📝 Registration and Enforcement

While copyright protection is automatic upon the creation of a qualifying work, registration with the relevant authorities is recommended to establish a public record of the work. This can be particularly useful in legal disputes to prove ownership and the date of creation.

The law provides for civil and criminal penalties for infringement, including fines and imprisonment. The courts have the authority to grant injunctions, order the impounding and destruction of infringing copies, and award damages. (WIPO)

🌐 International Treaties

As a member of the Berne Convention, Yemen offers reciprocal protection to foreign works and ensures that Yemeni works are protected in other member countries without the need for formal registration.

🏛️ Administrative Authority

The Ministry of Culture is responsible for administering copyright matters in Yemen. Specifically, the General Administration for Publications and Intellectual Property oversees the registration and enforcement of copyright laws.

 

LEAVE A COMMENT

0 comments