EXPLANATORY MEI\10RANDUM

OFTBEDE~LAWFORTHE

PROTECTION OF INTELLEcruAL PROPERTY

Literary, artistic and scientific works are the fruits of human thought and the mirror of man's character.
There is no doubt that the protection of the authors' rights has become one of the strongest requirements
necessitated by the current state of cultural progress and the introduction of modem techniques in printing
and pUblisrung. Therefore, the protection of authors' rights and the preservation of their efforts and
imellecrual innovations have become necessary in order to encourage them to continue their creative and
sci entific activities.
Due to the importance of protecting authors' rights, Kuwait became a party to several conventions such
as the Arab Convention for the Protection of Authors' Rights in 1986 and the founding treaty of World
Intellectual Property Organization. For these reasons and to complete the basic laws of the country, the
attached law has been prepared for the comprehensive and effective protection of the author through naionally 3pplicablo legislation.
The provisions of this law reflect significant modem JegislaLive attitudes and points ofview, and are in line
with contemporary legislation and take into consideration international conventions relating to the protection of authors' rights with which Kuwait is a.:ffil.ioted. The law includes the provisions of these conventions
and adopts the latest solutions devised by these international conventions, notably the World Convention
on Author's Rights (Geneva 1952) and its various amendments, the Arab Convention for the Protection of
Authors' Rights, the Convemio!1 on Trade Related InteUectual Property Rights (TRIPIS) and the founding
treaty of the World Intellectual Property Organiz.ation with which Kuwait is affiliated as per law #2 of 1998
as well as the reports of the International Committee formed in accordance with the provisions of the
. aforesaid convention for keeping pace with the developed countries which adopted these solutions after
they became intemJuonaliy established rules.
The first part of the law specifies the scope of protection bu t in anticipation of future developments, does
nQt limit the types of artistic \vorks protected to those specified. However, the lawestablishes a general
structure and gives some examples of the common types. The first paragraph ofartic1e (1) provides thar
the works whose authors have legal protection are newly created works in the fields of arts, letters and
sciences irrespective of their value, type, compilation, objective or expressive style, so that this scope
includes works currently in existence and works which may be created in the future.
The second paragraph of this article defines the author as the person who creates the work as well as the
person to whom the work is attributed upon publication thereofin any manner that helps to identify this
person. This is a legal fact that may be disproved by all legally stipulated mearu.
Aniele (2) provides examples of works, whose authors are protected tmder the law, from among those
that arc common and in general use at the present time. These include computer software and databases
which, in conformity with rules estnblished in accordance with inteI1llltional conventions, are cOllSidered in
the same ught as literary works. It does not omit to expressly provide that protection also covers the title
of the work if this is distinguished with an innovative fonn and is not a corrunon word denoting the subject
maner of the work.
A.r1icle (3) provides works derived from previous works, including translated works as well as all fonTIS
of existing works compiled into new forms, with protection after pennission from the original author to do
so had been obtained.
The third paragraph of this article provides a restriction with respect to photographic works, nameJy that
the author sbould not prevent others from taking new photographs of the thing photographed. nus restriction is not considered a prejudice to the rights of the photographic author. The protection of photographic
work necessitates the prevention of copying directly from the Sll.lllO photographic work without permis.sion from the author. However, it does not prevent other photographs being taken from the same place,

even if this is done under the same circumstances as when the first photographs were taken.
In the second chapter, the law regulates the authors' rights. The first part of this chapter deals v.ith
general provisions. Article (4) stipulates that the author shall solely decide whether his work is to be
published and how it should be published. He also has the right to utilize it financially and the article
prevents third parties from using this right except under prior written permission from the author or his
successor.
Article (5) states some ways in which a work may be utilized financially, namely its reproduction and
presentation to tbe public through public performance, translation. modification, surnm.arization, explanation and amendment into any other form . It is W1derstood that these forms are not mentioned in this article
merely as examples.
Art'ide (6) states some of the author's literary rights relating to his work. It stipulates that he is solely
emitled to have his work attributed to him. He and his successor have the right to object to any modification made by third parties to his work wi thout permission from him and it also states the exceptions thereof.
On the other hand, micles (7) to (11) describe situations when the author is deprived of the right to
object to the utilization ofrus own work by third parties even if such utilization is made v;ithOl..lt his permission. It is may be noted that these 5ituations do not conflict with the author's rights relating to his work because they do not imply a material utilization or infringement of his literary right. However, they are in
harmony with the narure of this right which aims to promulgate culture in general, such as musical play or
acting in a private meeting which does not yield a financial benefit or where the reproduction is done for the
private use of an individual or by a public library or registered non-commercial house provided that the reproduction is limited to the fulfillment of its needs and docs not harm the ordinary utilization of the work, or
the presentation, quotation or analysis of the work [or the purpose of criticism, stUdy or information, etc .. .
provided that the reference and author's name are clearly mentioned. However, the author shall solely have
the right to publish collections of his speeches or anic1es as stipulated in article (12).
After the law has stated the authors rights during rus life, it clarifies the cii.sposition of such rights after his
death . Article (IJ) thereof limits the passing ofmaterial utilization rights to his heirs and obliges them to
comply v-tith any contracts he may have concluded with publishing houses or to comply with his will should
this prevent publication or set times or conditions thereupon. In the case ofajoint work, it provides for the
passing of his share to the remaining authors in equal shares ifhe has no heir or legatee and it is not agreed
otherwise in writing.
Then the law deals with the case when the heirs of a Kuwaiti author do not publish the work of their legator nor republish it. Where the public i.nterest necessitates publjcation of the work, article (14) entitles the
Minister ofInfonnation to request the heirs to publish the work by registered Jetter. If the authors heirs or
his successors insist on refusing to publish the work, the Minister shall be entitled to have an order issued
by the president of the Court ofFust Instance to hand the work over to him for publication. All this shall be
without prejudice to the right of the author or his successor to fair compensation.
Article (15) of the' law provides special provisions concerning performing artists such as singers, musicians and dancers as practical reality reveals that the drawing power of some performing artists exceeds
the attractiveness of the author of the work . Indeed the mists may be the basic reason why a work is
popular and the public is attracted to it.
Whereas the authors financial rights to his work is temporary by its nature, articles (16) and (17) of the
law state when the period of protection for all types of works expires. Article (16) provides for the expiry
of the author's right of protection and the rig.ht of the person who 'translated his work into another foreign
language in connection with the translation of such a work into Arabic if the author or the translator does
not exercise this right within five years from the date the original or translated work is first published .
However, the Mnister of Wormat ion may license the translation of the work into Arabic or the publication
thereof one year after the date the original or translated work was published for the first time, provided to
a fair compensation is paid to the author or the person to whom the translation rights have passed., for the
purposes of promUlgating culture and the benefits society can acquire from r:very innovative and creative

work.
The first item of article (17) states the general rule relating to the period of protection, namely that it lasts
for the author's life and fifty years from the dale of death of the last sumving author. In both cases, the period shall start as of the end of the caJendaryear when death OCCUlTed . The second and third items oft his
article provldc for another date for the commencement of the period of protection in connection with some
works. The law here takes into consideration the public interest and gives it priority over the author's
interest in vlew of the nature of the work or the conditions an ached to its publication or where the author
is an artificial person. The second item of this article considers the first date of publication to be the time
from which the fifty-year period should be calculated and after which the right of utilization shall expire In
connection with works published under an assumed name or v. ithout mentioning the author's name unless
the author is known to the public under his assumed name or unless the author discloses his identity. In this
casc, the provisions contained in the first item hereof shall be applied to him. This is also applicable to
works where the entitled person is an artificial person. This is also the case in connection with cinema
works, photography works, applied arts, computer software, databases and the works that are published
for the first time after the death of their author. The third item considers that the end of the caJendaryear for
such work!; is the commencement date for calculating the fifty-year period fo r the expiry of protection in
the case ofperforming artists and the end of the calendar year during which the recording was made in the
case of producers of cinematic works or works prepared for radio or TV The fourth item provides for a
shorter protection period in connection with the prograrrunes ofbrondcasting centers, ie twenty years to
commence as of the end of the calendar year during which the work was first broadcast.
In the second chapter of the second part, the law deals with some works that require special provisions
such as ajoint work that is compiled by several persons whereby the portion of any of them cannot be
separated from the share ofthe others. Article (18) provides that all the authors are considered as having
equal rights in such a work unless it is otherwise agreed in writing. It prevents them from exercismg copyright in such a work except under their unanimous agreement. other than for taking precautionary and immediate procedures and for making a claim for compensation for the damages incurred because of infringement, and it provides that the court offirst instance is competent to decide any dispute berweeTI them
in this matter.
However, ifit is possible to separate the share of each author, article (19) provides that each of them is
.eoti tled to utilize the part that he solely contributed, provided that this shall not affect the utilization of the
joint work unless it is otherwise agreed in writing.
Due to the fact that one element ofajointly compiled work may have special predominance or importance in relation to the other elements, article (20) entitles the author of the musical part only of the lyrical
WOrks, such as opera and operettas, to ucense the public performance of the joint work in whole or the
execution or publication thereof It also entitles the author of the literary part to utilize his own part provided that he shall not use it as a basis for another musical work unless it is otherwise agreed in writing.
Article (21) entitles the designer of movements in joint works which are performed in the fonn of moveffients accompanied by music, such as ballets, sho\'/S and sport games (if accompanied with music), to
license the public performance, execution or shooting of the wholejoint work and grants the composer of
the musical part the freedom to dispose of his part provided that it is not utilized in a work similar to the
joint work unless it is agreed othem'ise in \l.TIting.
After article (22) specifies who is considered to be a partner in the creation of cinematic work or a work
prepared for radio or TV. Article (23) provides that the author of the scenario of this work and the person
who amended the literary work and the director are together entitled to present it despite the objection of
the music composer, without prejudice to the rights resulting from participating in the composition. The
second paragraph of the article entitles the author of the literary and musical parts to publish his work in
any other manner unless it is otherwise agreed in writing. Article (24) deals with the case \>,hen a participant in the compilation of one of these works does not complete his own part and deprives him of the right
to object to the use, by the other participants, of the part which he has already completed so that his objection, which may be ungrounded or unimportant, does not result in the suspension of the artistic work or
in gross materiallosscs which :lIe not compatible with the reusonsfor tho objection.

l:jecause the production of visual works necessitat e.s its producer's presentation thereof without intezference from the authors who have interests in the same work, article (25) defines the producer of cinematic
works or works prepared for ramo or TV as the natural or artificial person who completes or assumes responsibility for such completion or the one who gives his authors thereof the lTIll1erial and financial means
necessary for such completion, and then grants him all the publishing rights as their attorney as well as their
successors' anorney with respect to the presentation and utilization thereofunless it is otherwise agreed in
writing.
Article (26) provides that a coUective work is a work that is created by a group under the supervision of
a natural or artificial person whereby the contribution of each participant cannot be separated nor distinguished, such as dictionaries, encyclopedias and thesauruses. In this case, only the person who supervises
th~ innovation of the work and compiles it shall be entitled to exercise the rights of the author.
Article (27) of the law provides, in connection with a work created by a person for the account of
another person, for a provision contrary to that reI ated to the collective work. In the case of a collective
wor~ the contribution of each participant to the work is mixed with the contributions of the others and thus
cannot be attributed to one of them only. Therefore, the law decides that it is to be attributed to the natural
or artificial person who directed and organized the innovation of the work. As for a work compiled by a
specific person, even when under the supervision and for the account of another person, the character of
the author shall remain clear and evident in it and therefore the work shall be attributed to the innovator as
a general rule unless it is otherwise agreed in writing.
Article (28) of the law contains a legal fact that the publisher of works made under an asswned name or
works which do not bear the author's name is considered to be the latter's attorney with respect to the
exercise ofhis rights thereto.
Aniele (29) of the law contains some provisions relating to photography. It lays down a general rule that
a photograph may not be rusplayed or published or reproduced without a wrinet1 consent from the person
who is photographed, unless the photograph is published on the occasion ofa public event or is rdated to
officials orweU-known persons or if the authorities permir publication in order to serve the public interest,
unless such an act affects the honor or reputation of the person photographed.
The third part of the second chapter of the Jaw deals with compiJation rights. Article (30) provides for the
right of the author to transfer the right ofuti.lization to third panies as referred to in articles (4), second
paragraph, and (5) ofthe law. It stipulates that, in order that the transfer be valid, each right that is subject
to transfer, and its extent, purpose and its place and period of utilization must be stated in writing. Writing
here is the basis of validity and not just a means of probation. The law, in the last paragraph of this article,
obliges the author to refrain from any act that would impair the transferee's utilization of the transferred
right. The fifth paragraph provides that the provisions relating to the author's assigrunent of his rights in
accordance with the provisions of this law apply to performing artists. Artic:le (3 I) also pennits the author
to dispose ofrus rights relating to the work on the basis of a sharing of revenues and treats the case when
an agreement is unfair to the author's rights with a provision necessitated by consideration.s ofjustice and
which is considered a deviation from the general rules of contracts, on the basis that an author is usua.1J y
ignorant of the relationship existing between him and the publisher orthe presenter panicularly ifhe is a
rising ornew author.
A!, the literary rights stated in article (4), first paragraph, and article (6) oftbe law are personal rights of
the author, the law explicitly stipulates in article (32) that any disposal thereofis invalid. It also states in arliete (33) that the author's disposal oOlis total future intelJectuaJ output is invalid.

If a work is a single original work of art, the law is keen to provide explicitly in article (34) that the
authors disposal thereofcannot transfer his rights to the transferee but he is not entitled to oblige the latter
to enable him to reproduce an original copy thereof or present such a copy unless they agree olherwise in

writing.

The Jaw docs not omit to entitle the author alone in article (35) should serious reasons arises, to request
the COW1 ofFirst Ins tan co to order the withdrawal of his work from circulation., despite the dispos.aJ of his

right of ut..ili:zation, In considcraLion for 3. compensation to tile transferee for any resulting lTh11erial damages
The author must pay the compensation as ruled by the court in advance wilhin a speci..li~d period before
the actual withdrawal of the work. IIthe author does not pay the compensation within the specified period,
the judgment ordering withdrawal shall be made invalid and the work may be put into circulation !\Baln.
In t he third part thereof, the law states the precautionary procedures and penalties that eu arantec the
protection ofthe author's rig.hts in an efficient and quick manner. Article (36) permits the author and his
successor to request the judge of SunuTIill)' matters in the COWl offirst instance to order the adoption of all
or some of the protective procedures specified should his right to publish the work or show it be infringed
without a written permission from the entitled person. These protective procedures arc of two types :
The fust type:
This is intended to prevent damage resulting from the in.fringement of the author's rights, ie the prevention
of fuMe damages. This type includes the foUowing procedures: Detailed description oflhc work, suspension of its publication, prescntation or manufacture, recording ofa public performance with respect to a
compiled music or act or preSCI1l.J.t.iorr, and prc'/cflUn8 the continuation of the e:xist.ing show or its prohibition in the future
The second type:
Thi.s is intended for the assessment of the a.ctua.l damages resulting from the lnfringement and adopting the
procedures tluit would preserve the author' 5 rights by eliminating of such damages. These types of procedures includes attachment ofthe orig:inal work or its copies as well as the materials used for reproduction
thereof and assessment of the revenues resulting from publishing or showing it by an expert delegated for
this purpose, with attachment of these revenues in all cases. The ordering judge may oblige the applicant to
deposit un appropriate guara~'1tee to ensw-e the seriousness oftbe application.
This article also obuges the concerned party to tile the original dispute with a competent court within eight
days folJowing the issuance ofthc order, otherwise the order shall be deemed null and void.
Article (37) provides that an appeal may be filed against an order issued in the cases stipulated in article
(36) before the judge who made the order who may rule for confirmation of the order or amendment or
cancellation thereof and appoint a receiver for the disputed work.
Article (J 8) mentions some procedures by which the tri al cOW1, upon referral of the original dispute and
upon the request of the author or his deputy, may order the copies of the work unlawfully published and the
materials used for publishing it be destroyed or that its features be changed or it be rendered unusable .
However, it made an exception for this in the circumstances when the author's right expires less than two
years after the date the judgment is issued. instead of this, it permits the court to rule for confirmation of
precautionary attachment for fuLfillment of the compensation filed in favor of the author. This exception
ne~essa.rily includes the case ofa work translated into Arabic in violation of the first paragraph of article
(16) on the basis thar rhis violation is not so serious that it necessitates ajudgment for destruction. The
second paragraph of the article provides that the amount of compensation granted to the author shall have
a lien over the sale price of the attached items and money for fulfillment thereof The only lien that shall have
priority over it is that of the judicial expenses to preserve, maintain and collect such amounts.
Article (3 9) provides that attachment may not be imposed on the author's right to publish his work. The
right that may not be attached is the author's financial right. Concerning the literary right, it is well established that it rmy not be subject to anachment or disposal thereof because it is one of the rights attached to
personality. The proyjsion that attachrr..ent of the financial rights may not be imposed., although it is disposable by nature, is considered a deviation from the general rules so that the o.uthor is not obliged to publish
his work involunuuily through an.a.chment in violation of his literary right. If the author voluntarily decides to
publish his work and had done so, his literary right shall expire and only his financial right remain~ ie the
copies that were published and are possessed by him. Therefore, this article expressly provides that these
copies may be attached. However, the author's financial right related to works where he has died, before

IPlNlllK\VT/C/l/Rev.l
Page 4

Tr-anslators' Note
Translating from lu-abic to English is-fraught with difficulties even for the
most erudite ofbilingualists, the more so when the text being translated is
a legal document,. because the two languages differ markedly in their
grammatical and syntactic structures. A word-for-word transl~tion seldom makes sense. In the attached translation, the translators have avoided
a literal translation to the extent necessary to make the meaning, as understood by them,. clear.
Disclaimer
'While every care has been taken in the translation of this law, the translators and Kuwait Publishing House cannot assume any legal responsibility
for the accuracy of this translation. No responsibility for loss or damage
occasioned to any person acting or refraining from action as a result of
the material in this translation can be accepted by the translators or by
. Kuwait Publishing House.
Copyright
Apart from any fair dealing for the pu~oses of research or private study,
or criticism or review, as perinitted under Law #64 of 1999> this transLation may only be reproduced, stored or transmitted, in any fonn, or by
any means, with the prior written permission of Kuwait Publishing House.

Caveat
The pubIishers strongly recommend that persons with legal queries or
problems seek qualified legal advice without delay.

IPINIIIK.WT/ClllRev.l
Page 5

r. O. nox:

H13 SAFAT

;:;.... fi

lsOO2S:AFAT. KUWAIT

13002 . f"'!." :,...;

~\.;)'jl , l,.J..r(

""CABLE' ALlRsHAD
TEL. ; 2415501

TELEX : Mi U3!o Rf.

M(NISTItY 0.' INFOltMATIOl'l

--

STATE Of KUWAIT

r' --,-"

-1.';/>( T \('),

rssviSbnN 11 Df'C.

4~'

J'I,54

."4. KUWAIT
;' .I3n. 10{lO

At Yr".>U"~

II

T:IE wE!':i<!.y OHICiAL.

(,jAlI;.'TTf,

L -____.____....1.-_ __

.l:;St:F.D BY MNSTR\'

Of. fr~fORMr1TION

._1

CABlNET
LAW NO 64 OF J99Q

CONCERNfNG

fNTELLECTl)Al PROPERTY RlGHTS

Ila'.:ing considered
The Ct}l1stitution.

The penal code promulgated law No 16 of 1961 and Jaws amending thereto.
the panel procedures and trial promulgate.:i issued under la'll" INa

7 (if ]900

a.nd laws amending thereto

Law !YD. 3 of 196 I on publications and printed matters, pub!ica:tior. and nIl
amending laws,
The Civil and Commercial procedures law promulgated under dec~rec law No 18
of

19~O

and the laws a.mending thereto,

Ttie Civil Utw promulga.led under decree law No, 67 of )980 amended 'hy law
No, J 5 of 1996,

Law Na.16 of 1996 sanctioning the .P.rab Convention of the protection of

Authors' Rights,
Law No.2 of1998 sanctioning the affiliation of the State ofKuwai!t.() world

Ii1tellE':ctual property Organization Treaty,

The National Assembly has rectifying this law and we

promulga.ted the same>

sanctjon~d

and

IPfN/lIK.WT/CIl/Rev.l
Page 6
First SecfiJ)1t

SC(Jpe of ProlectiO}l

Article (J}

The' authors of newly created literary works of ans, letters and science sliall be undcr:tfle
protc-.ction hemof irrespective of the value. type objective or expressive style ofthese
litctmy works.
An .author means the person who creates the literary works, or to whom the lit~ry

work is attributed upon publication thereof whether by mentioning his name onthe
literary work in any other manner unless there is evidence to the cOntrary.
Arlide:W

The protection shall covec following literary works in particular:

(a)

Written literary wOTks.

(b)

Lirer{try works delivered orally. such as lectures, speeches, religious sermons

and the like.

(c)

Theatrical1iterary works and musical plays

(d)

Mus.loalliterary works 'with

(e)

Literary w'Orks petformed by means of movement or steps and mainly pr~pared

or without songs.

for direction,
(f)

Movie literary works, and audio, video and radio literary ",..'orks,

(g)

Painting and literary works depicted by means of Jines, colors; and diag.rap-rs.:as

well as literary works of architecture. sculpture. arts carving and decorafions.

. (h)

Photographic literary works.

(i)

Literary works of applied art, including craft or industrial designs.

U)

Illustrations, geographic maps, design, plans and modt\15 relating to goography.

topographY, architecture and science.

(k)

Computer literary works including software, databases and tIle like.

0)

Derived and translated literary worh.

The protection
also covers the title of
the literary work if this is created and it is not (\
.
. "
~

oommon expression that ind.icates the subject matter of the literary work.
d.!ticle (3)
The protection shaH also cover those who, under pemlission form the author, have
tram~la!ed

the literary work into a.nother language and those ,>rho have summo.rized.

amended. or explained such literary work or carried ont any other act that gives such

literary works a new shape.

The protection prescribed in the previous paragraph does not prejudice the protectiDn of

the origina] author oftbe lirerary work.

IPINIlIKWT/CllfRev.l
Page 7

However. the rights of an author of a photographic literary work shall not entail to
prevent other form taking new photographs of the photographed object even if these

new photograph are taken in the same way and in the same genera! circumstan.ces as the

first photographs.
Seconcfectjt!.!1.
A ulhor's
Fj1'.~t OU!ll!er -

RiC'.!!!l.

Gcnerff!....frevqions

I'll"!;d e .f.1.1

The author ~ball have the right to decide the publication ofhis literary work and to determine the manner in which the sa:ne shall be published.

The author is solely entitled to utiiize his literary work financial1y~n any manner IlJId

lhrrd parties may not exercise this right unless under prior written permission for him or
his successor
;If r:..tf.fl e

(,21

The. auth()t':- right of utilization include~ the following'

(a)

The reproduction of the literary w6rk in whatever form.

(b)

The presentation of the literary '\>voric to the public through public performance.
theatrical performance, radio transmission, TV or cinema show~ or by any other
means.

(c)

The translation of the literary work into any other language or iLo; an1endmt::nl...

summarization, explanation or modification into any other fonn

Ar!.f..cle @
The aUlno;- shall solely be entilled to have his lilerary work a.ttributed to him, unless the
literary work

:5

mentioned incidentaliy during 2 radio or TV presentation.

The author {)r his plivate or public successor shall have the right to object to or pn:.'Venl.
any deletIon.. change, addition or modification to his literary work without his
pe.rmISSlon.

The modification of a translation or alternation or development of a lueiai)' ",,!or).; into .

c\J;ol.her form shaH be excepted [roni the provisions of the previous paragraph

sucb

3n

a(;'1

pr~iudices

i..;nic~:.;

the author's reputation, honor, academic or artistic standing or

denigrates the content of the literary work . and in all cases the translation, altoration or

development must contain reference 10 the fact that it is a modification

ttl

the original

After publjshing his iiterary work The 3.utroT. may not prevent th<: nresentation ('[
perfor manc:e tbc:teof if this type of itct occurs during a private meeting ~hat doe~ no!

yield r.ny fmzncral outcome directly

O~

inciiTectty

IPINIlIKWTIC/IlRev.l
Page 8
Article (8)

. If a per~on reproduces a. copy of a published literary work or translates it or quotes ii-om

it modifies it in any other manner fOT hLS personal usc. The author mRy not prevent him
from doing

"Q.

Howevc-r, such a literary work may not be published except under pcrrnission from it5
owner and the author.
Al'ticlt;.JPl

After publishing rns literary worl the author may not prohibit the same analysis and
short qllotations from it where the pu;pose thereof is criticism, enlightenment, study or

infurmation, provided that the reference to the orif,rinalliterafY work and the author are

dearly mentioned.
jrti.cle 001

Newspapers, periodicals, radio, TV and other mass media may use, \vithout tllC author's
pe-rmission, articles relating: to the poliIical, economic

Of

religious discllssioli!; whic1)

preoccupy the publish opinion at a specific time as long as the quoted original (loes nor
c.o:1tain an explicit provision expressly prohibiting such quotation.
\\.'hen a qnotation is cited or published. a reference to the literary work and the author's

name must be clearly mentioned.

Article (11)

Newspapers, radio and other mass media may, without the 8.1.ltho(s permission, publish
and broadcast by way ofinfonnation, speeches, lectures and discussions given at public
sessions of the legislative and administrative chambers and se-ienliiic, literar.y, artistic.
political, social and religious !l1eetings and long as these speeches, lectures and
discussions are addressed to the pubI\e.
Judicial pleadings held in public may also be -published without thp. author's permission.

ViiLhin the limits allowed by lo\.v

:1 r(jcle.1111
. in the oases provided for in the prevlous t\.vo anicles. the author shall hiive also the right

to publish COilCCliQns of his speeches and anicJes.

tirade,

un

The author's heirs are soleJy entitled. TO exercise the rights to flnancialiy utilize a iileriifY
work in the manner provided for in th.e law taking the folloWIng into account

(a)

Should the author had entered

i:1to a written contract with third parties

concrnmg the use of his literary work_. hlS

accordance with jtS provision!).

contrR.ct IOU:;:t

ot'-

execuled in

IP/N/IIKWT/C/I/Rev.l
Page 9

(b)

Should the author have made a "",iIi preventing publication or :specifying ~ dalt
thereof or other conditions, his

(c)

wi!(

should be executcci.

Shouid one author of a joint !iterary work dies and there is no heir or f..'{t;'Culor.
his share shall equally pass to the remaining authors unless there

($

a writlen

agreement to the c-Ontrary.

1rtide (l4)

Should the heirs or successors of

it

Kmvalti author donot. publish a literary wnrk or

republish the same and the Minister of lnformation deems the publication of the litcHlr)'
work is in the publish interest and they fail to publi sh the literary work w!1hin one yeal

of the date th<l minister requests them to do so by registered Jelter with rewrded
delivery, the Minister may obtain an order from the presldent of the Court of First

Instance to have the literary work handed to hlm for publication without prejudice to the
right of the author's heirs or successors to lair compensations
,1.rlicie US)
Performing artists such as actors, 51ngers, musicians and others are en.rh.led to have c[
periormance attributed to them in the form in which the performed

jt

They are also

eTltitled to the financial right to !Jtil tze tnei,' performance whether through presenting
.'

their performance to the public 0, b.:y making available to the pUblic the original

recordings or the performance or cClpies thereof or the rental thereof or by making their

. proceded perionnance available to the public through radio or computer

Radio stations are entitled to the financial rights of a license to use their roc(>rded

materials and to prevent

any utiliz:ation of their programs without pfior written

pcrmis!lion from them.

Arric!e (J 6)

Protection Df [he right of an author of a literary work in a foreign language ilnd the right
of rhe trans Ialor of such literary work into another foreign language to the translatic;n of
such a literary work into Arabic shaH expire if the author or translator did not ex:rcise
his right within five years of the date when !he original or the translated literary work
must published.

Ho\vever, the Minlster oflnformation may license the translation of a itter?try work im 0
Arabic or the publishing thereof after one year from the date of the original or tran:;laled
literary work in first published. In these cases, the author or the one to whorn the
translation rights h('.s passed shall be fairly cOTItper.sated.

-1r!.isJs.P 71
'vV-ithout prejudice co the provisions of the preceding article, the prot(;[~tiot1

author's rights of finance utlIization shait expire:

ur

IPINIIIKWT/C/IlRev.l
Page 10

First: Upon the lapse of fifty years after the ciea.th of the author. This period sha.li b~
cak~J lated in

the case of joint literary works as of the date of death of the lfist 5ur.!iving

author. specifically

al> of the end of the .calendar year in which the death occurs

Second: Upcn the lapse of fifty years as of the end of the publishing calendar year in
which the literary work is published with respect to the following literary works:
(a) Literary works, which are published under an assumed name without "he author- s
name unless the author

reveal~

his identity during this period eH his troe

becomes known to the public, in which ::ase the said period will

t!;qlirf

as

f!ilm~

c~)l1t(t:n\.'zl

in fIrst item.

(h)Literat:'y works in which the entitled person thereto is an artificial person

(c) Cinema liti:rary works, pho'tographic liTerary works, applied arts,

c(lmpute~

softI..Viirc'

and databases
(d) Literary works that are published for the first time afler the depth of lhci, aut.hors

Third Upon the lapse of fifty years so of the end of the calendar year dll!"i ng whj ch HH;
pcrtormanc.c was ma.de in the Ca5e of:l1e actors a.."ld as of the end of the caJenct<H Y'C:.i.r

during which the literary work was recorded in case of the producers of cinematic tllm;.,
records or recordings prepared for TV

-Fourth : Upon the Japse of twent:1

programs were first transmitted in Cl:!.~e

Dr

radio

yea:-~

il.S

of the end of the calendar ~:e(lr v:hen th;;

bro:~dcasler~

;jec()lUl Chr!l!.!er
Provisions RilniinR to e'er/aftl Literarv lOfh

If more than one person join together with respect to the composition of a :11 erary work
so that the share of any one ofthern in joint

!it~rary

work cannot be scparc.u:d O!Jt :fom

Inc shares of the others, all the authors shall be considered as ov,,'ners or the l;tentry
work in equal sh.ares unless the agree otherwise in ~'1"itjng
)n

this CBSC,none of thernma.y exercise their rights as authors exce}l~ under the:

unanimous agreement of all the JOIn': authors In ,:ase of di~pute_ OI1Iv a Coart () 1- :'-';r;1
instfmce shall have the right to settle the dispute
Each of the joint authors shall ha\'T the right TO take precClUlionary and $umnlf.:\
proccd~res

upon the occurrence of any infringemBltl of the authors~ right~ as well as

h,l

nie cases for cl aiming his share of a.'1Y cam.pen sati on for damages he has incurred ,~s a
result of such infringement.

IPINI1IKWT/CI1/Rev.l
Page 11

d[ticTU'J 91
Shouid more than one person has cont6buted to the composition of a Literary

WOlf;. -:;0

that tne part made by each C<'.n be separated out, each one of them shan be entitied I()
utilize the part which he has contribut:::ci pro'yidcd that this would

Dot

affect the

lHilil'.alioo of the joint literary work unless they agree otheroiise in writing.

Arris.le f) 0).

Wit hout prejudice to the right of the alllhor of the literary part of the lyrics of a musical
literary work, the author of the musical part shall be solely entitled to license the public
performance or the executions, publication or ;-eproduction of the whole Joint literary
work.

The author

or ihe literary part shaD have the right to publish his own part. Howe\er, h~

may not di5p0se of this part as the basis for another musical literary work unless he and
the ('omposer of rhe musicallitcrary work agree otherwise in writing.

dr6c1eJ211
In the joint lilel<l.ry work which are performed as movements accompanied by music: ant!

ull similar literary works, the designer of the movement shal! be e.ntitlcd to liccn5-e

th~

public performance of the whoJe joint. iiterary work or the execution or reproduction
tber~of

The. author of the musical part shall have the right to dispose of this part o:1iy provided
that it should not be used for a [iler-ar), work similar to The joim Iiterary worl.: unle!'~ I.huy
agree orherwi se in writing.

Tbe following shall be considered as pan-ners in the compilation of Q. cinenllltlc lilcrmv

"Vork or a literary work prepared for radio or TV.

First: The Author of the scenario or the owner of the written idea ofthe literary work
Second: The onc who modified tile literary pan of the literary v,Iork so <15 to

nJSKt

it

iiuitiiblc for such lirerary work,

Third. The a;.Jthor of the dialogue

Pourth: The music composer jfsuch music

(5

made specificaliy for the literary \-yolk

Fifth:' The director if he exercised aCHllll control

over the literary v,,'o[k and made a

. posrti,'c efTort w"ith respect to the inteliec!Ual aSpeCL'i invoive:d in achieving any ofr\;e-:>f'
literary worb;

If a cinematic literary work or a litera;-y work prepared for radio

Of

TV is simplified

version of or he.s been derived fraIT'"" another pervious liternry work. the author or this

literary work shaH be considered as a partner

rn the [Jew literary work

IPINI1IKWT/CI1/Rev.l
Page 12

4rticle illl
The author (if the scenario and the one who adapted the literary work and the

or

8\1tk)(

l.h~~ dialogue and the director sh!l.ll together have !he right to display !hc movie or

lhe

jil.erary work prepared for radio or tv despite the objection of the author of the origir,!d
literary worh or the music composer, without prc:judice to the rights ofthe. objector
a~sing

from his contribution of the compilation

fhe author of the literary or musical pan shall have the right to publrsh his part of the
li1.erary work in another manner unless agreed

othe[\~".ise

in writing

J.rric;le (24)

If one of the lJarticipants in the compilation ofa musical literary work or 3.1i(cnHY work
prepared for radio or TV did net compleJ.e his own paf1 or could not do so bccau5~ (1f
c:rcum.')tanoc~

beyond his control, he shan not be entitled to pI event tht other

pltrlicipunrs Crom llsing the part which he ha5. already completed:ano he :::n.:::!i be
i

consid.ered the author of the porLion of the pan he has completed and shall have
proporlionate rights.

drlicl(' (25)

The producer

or a movie literary work or a literary work prepared fOi radio or TV shali

he !he natural or artifici~l person who assumes the complelion thereof or \~Iho assumes
responsibility for such completion or who provides the author of the literal\' work With
rhe necessary material means for oompletion of the literary work.

[n al1 cases, the pi'oducer shall considered as (he publisher of the literary wcrk and $hail
have all the publisher's rights.
DUling the period of utilization agreed upon the producer ShEdl be legal representative of
the suthor of (he literary work and his successors vvith respect to any agreement on tk
showing or utilization thereof without prejudice to the rights of the authors orihe:
liter-ary or musical literary works unless agreed oiherw1se in writing.
Ar1!cIe (26)

A collective is a literary work that is created by a group under the

dj,enions of a natural or juristic person whereby the literary work of each panicipant
can neither be separated nor distinguished.
The person who directs the creation of this lite;-ary work and organizes it as a complied
1!tcrary work shaH be soJeJy entitled to exercise rhe author's rights.

drride.flJl
It the liter3.rv work is innovated reT the aCCQum of a naTural

autbor's rights

Of

juristic peTson. the

shall be attributed to the invcnlor unless an agreement i.n writing

provides otherwise

IPINIlIKWT/C/IlRev.l
Page 13

d!1l.f1!fl..l
Concerning literary works under an assumed name or which do not hear the autho[~:
r.amt'. Ihe publisher whose name is registered on the Iirerary work shall be c0113iderr.d

:1,;

authoriz.ed by tne author to exerci se his rights as prescribed in this law herein unless the

contrary is e5tablished.
ArticfeJJ9}

The person who takes photograph!> is :tot entitled to show, pubTi~b or distribUte lflt'

original or copies thereof without the pe1mission of the persons whom he photographs
Ul11es!; it

i!->

ag('eed otherwise in wrllina

~.

Thi-; provision shall not be effective iflhe photograph was published in collnection Wilh
accidents which took place publicly or which are related to public offrcers or wrtlknown public persons or if the publication thereof is permitted hy the public

aUlhorjrle~

in the publjc interest.

I iowever in such cases, the photograph may not be show'!l or circulated if such an act

would impa~r the honor, reputation or dignity of the person who is ihe subje<.:t of (he
photograph. The person who is the suhject of the photography may permit publication in
newspapers and magazines and other similar publications even if the photographer do'.;:;.;

not per!!llt tbi); ulliess a written agrCLlTlent provides otherwise

These provisions shall apply to pIcture". whatever the facthod of drawing

th<~reor.

including drawing. carving or by any ether means.

Third Owpter - Disposa.l o( C(}!:!!pJ!atiQ!!....!!jxht~

ArJ,ide f:}O),

The author may transfer to third parties the utiliza.tion rights prescribed for in the

t1,.>/O

article (4), sewnd paragraph and (5) h.ereof

However, the transfer of one right shall nor empower the transferee

to

exerci:;c any other

rigllts.

The: disposal shall be valid only when it 1S in writtng and the right being disposed and it:,

extent its objective, and period and place of utilization are clearly specified.
The author shall refrain from any a.ct tnat would materially impair

!l~e

use of the

dlSPO;>cci r1ght.

The pmvlsiorts relating to the author's ?ssignment ofthis financial rightS shall apply in
accl)[-dance '-'lith provision of this decree-law rdatiDg to performing artist,

IPINIlIKWT/CI 1lRev.1
Page 14

d!!ic:{e ell
The author';, disposal of his rights to the literary work whether wholly or partially may
be done on the basis of a proportionate sharing of the revenue!\. re'>ulting from the
Htiilzalion or on another basis.

Howe"er, if it is found that the agreement is unfair to the

right~

ofEhe amhor \)f rf it

becomes so as a result of circumstances occurring after the contract date, the Ci.)ur..,

laking the circumstances into account and after baiancing the imeresu; of both partie~
may rule thAt part of the net profrt rc!\Ul-ring from utilization nfthe li1crary work be- paid
i()

the amnor in addition to the agreed amount.

t!itic[ejJlJ..

Each disposal of the rights provided for in the two arLicle (4), first paragraph.. and (6)
h(~re<lr shnli

he:: null and void.

.jrtJ.c:le (33)
An duthQ(s disposal of his total future intellectual output shaH be invalid.

1rtlcle 11.11
Disposal of the title of the sole original copy of a literary work Dfwhateve. type shall
not result in the transfer of the author's right in this literary. work. iiowevcL the

transferee of the title to this copy !\lay not be obliged to allow the author to reproouct, 0;
pres-ent or sho\'" it unless it is othenl,.Iise agree in writing.
l'he autbor shali solely, if serious reasons anse, request the COU!t offirst insH!!1ce iO

withdraw his literary work from circulation or introduce amendments t"herelO despite Iii:;

chspnsaJ of this right to financial utilization. In this case, the author shall pay to the on~

whom the rights of financial utiHzation have passed a fair compensation which "(l1U~t

be paid with.in a time period specified by the court.. otherwise the judgment wil l h~Vl;

;10

effect.

Third Sec.tio.a
Procetfurgs am! pC!nalties

Firsr Ch!1Vfer-Proadures

4rlicle .o 61
A judge of summary actions in a court of first instance may order, upon a requc$~ from
the author or his successor and under an order issued subject to a petirion, the i-ollOlJ.,1IiJi,

procedures in respect of ea.ch literary work published or sbov-m without wrTtte-n

pcnmsslou from the author or his successor, in violation of the provisIOns of artide (3)

IP/NIlIKWT/C/IlRev.1
Page 15

Firs!

Detailed description ofthe literary work.

Sec(mc1: Suspension of the publication. presentation or manufacturing {)flhc liierary

work

'fhird : Imposition of attachment against. the original literary work or it); copies or th~

rnateriRl used for republishing this literary work.

Fourth Arceo rding of the public pertoimanc.e in connection 'with a copyright me ludy .
acting or presentation of a literary work to the. public and prevention Cit" ihc
c:cmtin:lance of the existing show O! piohibition thereof in the future

Fifth: Calculation of the revenues resUlting from publication or performance by an

expert delegated for this task :f necessary and the imposition of attachment
a.gainst such revenues in all cases.
The judge of summary actions
e~ecution

018)

order that an expert be delega.ted to aS~lst the

office and order the plaintiff to lodge an appropriate bail.

The applicant shall file a case in ~ competent court within the eight days that follow the
deljyery of the order. If the case is not flied wlthin this period, all matters connected
thereto shall be deemed null and void.
&!..~icl(!

, Thc; party whose application

W2..5

(Jll

rejected and the one against whom the order W;lS

dcli\'ercd may object to such an order betore the judge concerned and this doe~ nm
preclude the fiHing of the onginal case before the COUlt. Objection shall be; made Hsing

the ordinary procedures for filing a case Such an objection must bejustified oihl":)'Wi!\C
it will benull <did void.
In !'espect

or the

complaint, ajtldgmenl s.hall be made to confirm,

a.m~nd

or canCei the

order. A judgment may be made for (he appointment of a re-.ceive:' for the dispured

literary work, who shall be responsible for republishing showing, mnnufacwring t)1"
reproducing the literary work provided that the revenues arising should b~ lodged in th~
court treasury and the receivership sh8l1 be terminated upon unan.imous agreement or
the concerned parties or by the coun';;judgment. The complaint against that order ~hail
not result in the stay of its exe.cutiOTl.

Article {381
The court before which the matter in dispute is filed may upon the request of the a\rtlK!r
of his deputy order the destruction of the copies of the literary work whiCh

W!!S

uTllnwfully published and the materia.}::. used for publishing it, provided that' such
materials may not be used for SJlOthei fiterary work or it is !lot p05sibk 10 change rhe

IPINIlIKWT/CIl/Rev.1
Page 16

features D1 the caples ar..d the materials or ma.ke them unusable, at the respoflsible
pnriy's expense. However, the court may, if the author's right shall expire after jess [han
tVIO

Ye.3TS

as of the date of the judgment is to be issued, and subject to non-prejudice lu

the author's rights as stipulated Tn articles (4) and (5), item C and (01. first paragraph,
replace the judgment for destruction or changing the features to a judgment

flif

wnflrmation of precautionary attachmer:t for satisfying the compensation oTdc::;o in

favOr of the author, however, no judgment may be issued for destruction changing the
re~tllres,

if the filed dispute relates to a translat.ion of some literary work into Arablu in a

way that violates the provision of anicle ( 16), first parClgraph. The judgment she:! l he

limited

LO

confirmation of precautionary attachment of the traoslated literary worK

!f1

sl:!ti1ifaction of the compensation adjudged by this court in favour of the author.

In ull cases in connection with the deb1 due to him ariSIng form his cntillemcm ll'
compensation. the author shan have a 1ien on the nct sale price of the items end the
mOTley aHRched fOT fulfillment thereof The only lien that shall have plic:rity

\JY(,:f

the::

said lien is the court costs and nay ex.penses incurred in preserving and me.inlaining >;uch
items and in collecting such fitnds.
d!-1if!~f121

The author's rigbt may not be subjccl to attachment but copies of the pubJished lilcrafi'
work may be subject to attachment This provision covers literary works whose ().wm:r
died before [lubiication thereof unless it is conC!u!\iveJy proved tha.t he intended cU
puhlish i1 before this death.

Artifle [4Ql
Buildings m",.Y

nDt

be :,"Ubject to attac.hment and no judgment m?.y be made fe)r lhe

destn:.ction or confiscation thereof with the intention of preserving 1ht: rights

C:\n~hitcctural

I)i'

gO

author whose design and drawings may have been un)a...,.rfully utilized

When an infringement occurs agrunst one of an author's rights as slatud herein. lhL:
author shall be entitled to compensation.

Second Cltap~g,. - Penalfie.

Article (42)
Any person \.vhn:
a-

infringes rhe author'S rights as provided for in articles 4,5,6, first !)al'agraplt and
12 hereof

b-

Sells or offers for sale or c.ircuJates or broadcasts to the public in a.ny maImer or

brings in or takes OLlt of the country any imjta:1ed literary work

IPINIlIKWT/CIl/Rev.1
Page 17

Disclose

Of

facilitates the disclosure of computer software bei-ore p~\bljcnli~y, of

the same, or

d-

Removes or participates

In

the removal of a property rights that rCg'J1GlZ':'; or

limits public access to literary work or the performance

Of

the

lran~mis<;i()r. 01

the recorded material.

Shall be liabie to imprisonment for a maximum of one year and a maximum pen3ity 0;
five hundred Kuwaiti dinars or either of these two penalties. The coun may order lbt:'
confiscation of all tools used for unlawful publishing if such tools are suitahk on),

fOJ

SLIch publishing as well as the confiscation of all copies

The court may aiso order its judgment to be pUblished in one or more

news"paper~

a! the.

expense of the convicted. Tfthe accused has a previouo conviction tor i)OmmlHing n;le ot
the crimJ2s seated herein and it is established that the accused committed one Df thc.sc

crimes within five years prior 10 the date of the laLestjudgment, the court may rella!izc
him under his crime with a penalty cxcecdlng the duly stipulated n1:lxirnurn limit
provided that such increase in the penalty does not e.xceed half the said limit "nd the

court may aho order closure of the establishment used

10

commit

the

Grime for ~

maximum of ~!-:< mont.hs

Fom1" Pmt
Qosing Provisic'!E
jtficle (13)

\tYithout prejudice to the provisions ofIne inlemalional conventio!lS effective in the

~ta.te

/\

of Ku-V,ii:lit, the provisions of this law shall be operative upon the following:
The litera!)i work of authors, nationals of State of Kuwait, which are pllblished

at horner abroad
fl

LIterary works of Arab aULhoT"s of member State in the Arab Agrecme~1l "I'

protection of Author's rights, which are pubiished

C.

in

one of these

:.tc~e5.

Liter-a.;! works of foreign authors which a.re published for the first time

lrJ rh~

State of KuwaIt.
D.

Literary works of authors, naTionals of member States in the agreeihent o(""orld

organization of intellectua.l righ!f;, which shall be published for the firs! time. in
one oCtncse countries.

1 he; provisions of this law sba.ll b~ effective- as to literary works refeired 10 in lhe
previous anicie exi5iing in the operative date. Provided that conceming the calCulation

of the period of protection of these !1terary works, the lapsed period sh.oLlld be inchtdecL

IPINIl/KWT/C/IIRev, 1
Page 18
from rne dare of the incident specirying the start of period eff'ecti veness t!1! the date 0 r

operating this law,

The provisions of this law shall be effective

<tS 10

all incidents and the following

contracts of its effective date, once the same is related to Jiterary works publi~hed

0'(

shown or represenred beforethar cOQ(:eming contracts made before (he efIectivene&s 01'
this law, its provisions are not effective, rather, the .same remain subject to !eg2.i
provision which were effective at the time of its completion.
~rticle

(4.1)

The Minister of information deputizes the necessary employees for the enforcement oj

the provisions of this law, These employees are entitled to enter the press, !ibranes
publishing leases and public pl.aces which deaJ with the literat y works sllbiec,1 ~" theprovisions of this law to seizure the fad and materials subject matler of vioiaric':ili<lnd
making the necessary minutes, the have the right to seek the a.ssistance of policelnen in
performing their tasks when necessary
Co"'cring violations which the ruling may close the facility, the information Mif1!!itel

mayor whom he deputizes, to order the closure of the faci1ir.y wherein the violation
CQmm itted,

:il! public prosecution or rhe court gives permission to open it tlr tne

\""a~

a~'don

be !Settled
A,.'icl~ (46)

The public prosecution shall be held responsible for investigating, acting, lind
prosccutlng in all crimes resulttng [wm the implementation ofrbe provisiom ofthi:; law
Aliide (47)

Every text contradictory to the provisions of this

raw shall be nullified,

Artid~ (48)

'j

he !vfinister of information shall issue the necessary decisions for the imI:lertumtatiof'

of [his law, as well, Minister of infomlation shall issue a decision organizipg the :::Y5it:11~

of lodging the literary work and Its procedures., due fees, along with establlshing the
speeial Jegis~er for the entry of acts stated to the literary works subj ec1 to the Drovj::ijon~,
ofthis law.

~ticle

(491

The Ministers - each of his concern, should implement this law.

Amir of Kuwait

Jaber Al-Ahmed Al-Sabab.

issued. in baY'<ln pJlacc on 21 Ramadan 1420 H
Corresponding to 29 Dec. 1999