Copyright

From an individual artist or writer, through to the largest multinational companies, copyright can subsist in a vast array of original content, both physical and digital, and across a diverse range of industry sectors. 

The emergence of music streaming at the turn of the century, following by film and media streaming in recent years, combined with unprecedented access to a global audience via digital content platforms has created an unprecedented awareness of what can be protected, and commercialised, though copyright. 

We advise copyright owners and holders from both a digital and non-physical aspect, including copyright ownership and author rights, defences to infringement, the registration of copyright works in jurisdictions where this is possible (which includes the UAE), and clearance strategies in respect of proposed use of works in which copyright may subsist. 

Following updates to the UAE Copyright Law and introduction of a ‘work for hire’ concept, we have worked closely with our Employment practice on advising employers on the creation, ownership and assignment of copyright works generated by employees in the course of their employment and on the necessary amendments to employment agreements from a copyright perspective. 

As part of a dedicated Intellectual Property practice, we are able to advise on copyright as part of a holistic view of intellectual property rights that may subsist in a particular circumstance and advise on overall strategy that ensures an effective and cost-conscious approach to the protection of such rights. In conjunction with our specialist intellectual property litigators and advocates, we are able to run copyright infringement cases before the UAE courts up to, and included the Court of Cassation (the highest appellate court in the UAE).  

Overall, we see our role as helping to enhance the awareness of copyright, a correct understanding of the principles, and helping to contribute to an environments where such rights can be respected, protected, commercialised and, if necessary, enforced.

• Acting for a Middle Eastern aviation company on the copyright ownership aspects of images and photographs in their brand portfolio, marketing library, and when engaging with third party suppliers and employees on the generation of works for the business and with whom the copyright in such works subsists. 
• Acting for a leading regional multinational in respect of the infringement of packaging designs and imagery from its line of personal care and beauty products. 
• Advising one of the world’s most well-known condiment companies on annual promotional campaigns in the UAE and Saudi Arabia, including with relation to panorama rights and on applicable laws in relation to depiction of images of culturally and historically significant locations. 
• Takedown complaints on social media platforms, including YouTube, Facebook and Instagram, in relation to infringing copyright material, for a range of copyright owners and holders. 
• Reviewing an online and printed based advertising campaign for one of Japan’s largest healthcare companies and advising on the use of third party images.  
• Advising a regional beverage company on copyright infringement strategies against a third party counterfeiter.  
• Advising a multinational regional retailer on content creation policies and ownership aspects of employee generated content, including advice on the effect of UAE laws on privacy and consent to photography, at corporate and public events. 
• Advised a European motorsports company on the copyright aspects of their new brand indicia and contractual terms with a third party design agency. 
• Advising a Middle Eastern property development company in drafting and implementing photograph and video images releases, policies and procedures in securing consent for use of photographs and video imagery, and advising on the copyright ownership of such photographs and imagery.