Émirats arabes unis
Droit d'auteur et droits connexes
4. Please describe under what circumstances "fair use" exceptions apply to copyright protection, and is this in line with TRIPS obligations.
The 1992 Copyrights Law No. 40 determines in its Article 14, as follows, the actions allowed without the consent of the owner of copyright: - the personal use of the work through copying or translating it. - The use of the work in the educational system with the purpose of the clarification through copies, programmes and reproductions for educational, cultural and religious purposes. The use must be in the necessary limit, provided that this will not seek any monetary profit and the name of the author and the origin of the work be indicated. - Quotation of paragraphs with the purpose of clarification, explanation and criticism and to the extent usually observed and necessary to reach the set objective, provided that the name of the author and the origin of the work be indicated. - Copying information and political, economic, social, cultural and religious press articles related to current events and their publication by newspapers as well as broadcasting works of like nature provided that the origin be mentioned. - Copying any audio or visual work relating to current events presented in broadcasting news and publishing it in the limit of the set objective and with the mention of the name of the author. - Public libraries, non-commercial documentation centers, educational and cultural and scientific institutes may copy protected works in the limit of the necessary needs, provided that this will not prejudice the author’s rights. - Newspapers and other news agencies may publish presentations made during judicial procedures and other similar works presented to the public, provided that the name of the author be mentioned. The amendments of the 1992 Copyrights law envisage reorganizing these provisions to cope with the TRIPS Agreement. The envisaged amendments are presented as follows: Without prejudice to literary rights of the author stipulated in the mentioned law, the author after the publication of his work must not prohibit a third person to perform one of the following acts: - To make a sole copy from the work for the merely non-commercial or professional but personal use, except the works of the fine and applied arts unless were located in public place. The works of architecture are also excepted. - To make a sole copy of computer programme with acknowledgement of its legitimate acquisitor who has a unit to derive from, provided that such act occurs in the limits of the licensed purpose or the purpose to retain or substitute at the time of losing the original, been damaged or became invalid to use. - Copying protected works to use them in judicial procedures or analogous to them within the limits required by such procedures provided that the source and the author name be mentioned. - Taking a sole copy of the work with acknowledgement of records house or archives, libraries, or documentation centers who do not seek direct or indirect profit all in the following two cases: (i) copying must be for the purpose of preservation of the original, or to exchange it for a lost, destroyed unsuitable to use or unobtainable copy against reasonable conditions; (ii) the purpose for copying must be in reply to application by a natural person to use it for research or study provided that it must be granted for one time or for interrupted periods of time provided that obtaining a license became impossible in accordance with the provisions of the law. - Quotation of short paragraphs, derivation or reasonable analysis of the work for the purpose of criticism, discussion, or information provided mentioning the source and the author’s name. - Performing the work in family meetings or by students in an educational institute against no direct or indirect remuneration. - Presenting the fine arts, applied and plastic arts works or architectural works in broadcasting programmes, if such works are permanently present in far places. - Reproduction of written, sound or audio-visual short excerpts for cultural, religious, educational or vocational training purposes provided that copying be in reasonable limits of its purpose and that the name of the author and the title of the work be mentioned wherever is possible and that the copying authority does not aim at direct or indirect profit and that license for copying was unobtainable in accordance with the provision of the law. Also under the same amendments, the author has no right to prohibit the copying made by newspapers, periodicals, broadcasting organizations within the limits justified by the aimed purpose to publish any of the following: - Excerpts of his available works to the public in a legal manner. This applies also on communicating excerpts from audio or visual works during current events, broadcasting or communicating them to the public by any other medium. The source and author’s name must be mentioned. - The published essays relating to discussion of issue preoccupying the public opinion in certain time, as long as no notification of prohibition was served at the time of publication provided that the source and author’s name must be mentioned. - Addresses, lectures, speeches recited in open sessions of parliamentary or judicial councils and public meetings as long as such lectures and speeches are addressed to the public and copied within the limits of copying the current news. All these restrictions on the economic rights of the authors are applied on the holders of neighbouring rights.