Law on Copyright and Related Rights

Royal Decree No. 65/2008
Promulgating the Law on Copyright and Related Rights

We, Qaboos bin Said, Sultan of Oman,
After reviewing the Basic Statute of the State issued by Royal Decree No. 101/96,
the Financial Law issued by Royal Decree No. 47/98,
the Judicial Authority Law issued by Royal Decree No. 90/99,
the Public Prosecution Law issued by Royal Decree No. 92/99,
the Code of Criminal Procedure issued by Royal Decree No. 97/99,
the Copyright and Related Rights Law issued by Royal Decree No. 37/2000,
the Code of Civil and Commercial Procedure issued by Royal Decree No. 29/2002,
the Telecommunications Regulatory Law issued by Royal Decree No. 30/2002,
and in the interest of the public good,
We decree as follows:

Article One: With regard to copyright and related rights, the attached Law shall be implemented.

Article Two: The Minister of Commerce and Industry shall issue the Executive Regulations of the attached Law, and until such regulations are issued, existing rules and executive decisions not inconsistent with its provisions shall remain in force.

Article Three: The Copyright and Related Rights Law issued by Royal Decree No. 37/2000 is hereby repealed, as well as any provision contrary to the attached Law.

Article Four: This Decree shall be published in the Official Gazette and shall come into force from the date of its publication.

Issued on: 28 Rabi’ Al-Thani 1429 AH
Corresponding to: 4 May 2008 CE
Qaboos bin Said
Sultan of Oman

Chapter One: Definitions

For the application of this Law, the following terms and expressions shall have the meanings assigned to them unless the context requires otherwise:

The Ministry: Ministry of Commerce and Industry
The Minister: Minister of Commerce and Industry
Author: A natural person who creates an innovative work.
Work: Any original production in the literary, artistic, or scientific field, regardless of its type, form of expression, value, or purpose.
Innovation: The creative characteristic that gives originality and distinction to a work.
Collective Work: A work created by a group of authors under the guidance of a natural or legal person in whose name and under whose responsibility the work is published, where the contributions of the authors are directed towards the overall purpose of the work and cannot be separately attributed.
Joint Work: A work in which more than one author participates, whether their contributions can be separated or not, but which does not constitute a collective work.
Derivative Work: A work derived from another, such as translations, adaptations, musical arrangements, and other transformations.
Audiovisual Work: A work consisting of a series of related images giving an impression of motion, whether accompanied by sound or not, and fixed on a medium, such as cinematographic works.
Applied Art Work: Any artistic creation with a practical function, even if incorporated into a product of traditional or industrial production.
Photographic Work: Any fixation of light or other radiation on a surface enabling the production of an image, regardless of the technique used.
Expressions of National Folklore: Any prominent production reflecting traditional cultural heritage of Oman not attributable to a specific author. This includes:
a. Oral expressions such as tales, proverbs, riddles, poems.
b. Musical expressions such as folk songs with instrumental accompaniment.
c. Movement expressions such as dances, folk plays, rituals.
d. Tangible expressions such as traditional art products including paintings, sculptures, pottery, weaving, garments, carpets, instruments, and architecture.
Reproduction: Making one or more copies of a work, performance, phonogram, or broadcast by any means including printing, photography, recording, or electronic storage.
Publication: Distribution of physical copies of a work, recording, or broadcast to the public by sale, rental, or transfer of ownership.
Sound Recording: Fixation of sounds, whether of performance or otherwise, to create an audio or audiovisual work.
Producer of a Sound Recording: A natural or legal person who takes the initiative and responsibility for the first fixation of sounds.
Producer of an Audiovisual Work: A natural or legal person who takes the initiative and responsibility for producing an audiovisual work.
Related Rights: Rights of performers, producers of sound recordings, and broadcasting organizations.
Performers: Persons who perform by acting, singing, reciting, dancing, or by any other performing means.
Public Domain: Works or content no longer protected or whose protection period has expired.
Broadcasting: Wireless transmission of sounds or images, including via satellite, for public reception.
Public Performance: Any act whereby a work is performed publicly and a direct link between the work and the audience is established.
Communication to the Public: Transmission of works to the public so they can access them in places other than the original location of communication.
Broadcasting Organizations: Entities undertaking audio or audiovisual broadcasting.
Technological Protection Measures: Any device or technology normally used to prevent access to works, recordings, or programs or to protect copyright.
Rights Management Information: Information attached to a work, production, or recording identifying the work, author, performer, rightsholder, and conditions of use.
Fixation: The embodiment of sounds or images enabling perception, reproduction, or communication.
Service Provider: An entity providing internet or network access or related facilities.

Chapter Two: Scope of Protection

Article 2: Original literary, artistic, and scientific works shall be protected under this Law, regardless of their value, form of expression, or purpose. Protection includes in particular:

Books, brochures, articles, and other written works.
Computer programs and databases, whether electronic or non-electronic.
Oral works such as lectures, sermons, debates, and speeches.
Dramatic, musical, choreographic, pantomime, and other performing works.
Musical works with or without words.
Audiovisual works.
Architectural and sculptural works.
Drawings, paintings, designs, on stone, fabric, wood, metals, or similar fine art.
Photographic works and similar creations.
Works of industrial and applied arts, whether hand-made or designed.
Maps, plans, charts, and three-dimensional works related to geography, topography, or architecture.

Article 3: Derivative works shall also be protected, such as:

Collections of works or data arranged innovatively by selection or organization.
Compilations of data or other materials that constitute intellectual creations by reason of selection or arrangement.

This protection shall not prejudice the rights of authors of the original works.

Article 4: Protection shall not extend to mere ideas, procedures, methods of operation, principles, discoveries, or data. Also excluded are:

Official documents such as laws, regulations, judicial decisions, international treaties, and official translations thereof.
Daily news and current events consisting merely of press information, unless collected or arranged innovatively.

Chapter Three: Authors’ Rights

First: Moral Rights

Article 5:
The author shall enjoy moral rights which are non-transferable and perpetual. These rights include:

The right to claim authorship of the work in the manner he determines.
The right to decide on the first publication of the work.
The right to object to any distortion, modification, or other derogatory action in relation to the work that would be prejudicial to his honor or reputation.

Article 6:
The author or his heirs shall enjoy exclusive economic rights, in particular:

Reproduction of the work.
Translation of the work into other languages or adaptation thereof.
Sale or any other act involving transfer of ownership of the work.
Rental of the original or copies of the work fixed in sound recordings, cinematographic works, or computer programs.

Article 7:
The provisions relating to the right of rental shall not apply to computer programs unless such programs are the essential object of rental.

Article 8:
The author or his heirs may assign his economic rights to others or authorize their use. Such assignment or authorization must be in writing, specifying the nature of the rights transferred, the purpose, duration, and place.

Article 9:
The author or his heirs may receive cash or non-cash remuneration in return for transferring or licensing their economic rights.

Chapter Four: Related Rights

Article 15:
Performers shall enjoy non-transferable moral rights, which include:

The right to be identified with their performances.
The right to object to any distortion, mutilation, or other modification of their performances that would be prejudicial to their honor or reputation.

Article 16:
Performers shall enjoy exclusive economic rights, including:

Broadcasting of their live or recorded performances.
Fixation, reproduction, or communication of their performances to the public.

Chapter Five: Free Uses of Works

Article 20:
Subject to the author’s moral rights, the following uses are permitted without authorization and without payment, provided such use does not conflict with normal exploitation of the work or unreasonably prejudice the legitimate interests of the author or performer:

Quotation from a work for explanation, analysis, or criticism.
Use for educational purposes or within family circles.
Reproduction by educational institutions, libraries, or non-profit entities for research or educational purposes.

Chapter Six: Special Provisions

Article 21:
Any person who contributes to a joint work in such a way that it is impossible to separate his share from that of the others shall have equal rights in the work with the other co-authors. None of the co-authors may individually exercise copyright in the work without the written consent of the others, unless otherwise agreed in writing.
If the contributions of the authors fall into different kinds of art that can be separated, each co-author may exploit his part independently, provided this does not prejudice the exploitation of the joint work as a whole, unless otherwise agreed in writing.
If one of the co-authors dies without heirs, his share shall devolve to the surviving co-authors or their successors, unless otherwise agreed in writing.

Article 22:
The natural or legal person who initiates and publishes a collective work under his direction and name shall be the owner of both the moral and economic rights in that work, unless otherwise agreed in writing.

Article 23:
The author of a derivative work shall enjoy moral and economic rights in his work, without prejudice to the rights of the author of the original work.

Article 24:
The co-authors of an audiovisual work include:

The author of the script or original idea.
The author who adapted a literary work for audiovisual production.
The author of the dialogue.
The composer of music specifically created for the work.
The director who undertakes supervision of the production.
If the work is adapted from a pre-existing work, the author of that work shall also be a co-author.

Article 25:
Without prejudice to the rights of the authors of the literary or musical parts, the scriptwriter, the author of the adapted literary work, the author of the dialogue, and the director may jointly exercise the right to exploit the audiovisual work, even if the author of the pre-existing work or the composer of the music objects, provided such exploitation is consistent with the signed contracts.
If one of the co-authors refuses to complete his part, this shall not prevent exploitation of the completed parts by the others, unless otherwise agreed.

Chapter Seven: Duration of Protection of Authors’ Economic Rights and Related Rights Holders

First: Duration of Protection of Authors’ Economic Rights

Article 26:
The author’s economic rights shall be protected for his lifetime and for seventy (70) years beginning from the first day of the calendar year following his death.

Article 27:
For works of joint authorship, the term shall be the life of all co-authors and seventy (70) years from the beginning of the calendar year following the death of the last surviving co-author.

Article 28:
Audiovisual works and collective works shall be protected for ninety-five (95) years from the beginning of the calendar year following the first lawful publication of the work. If such publication does not occur within twenty-five (25) years from the date of creation, the term shall be one hundred and twenty (120) years from the beginning of the calendar year following creation.

Article 29:
Works published under pseudonyms or anonymously shall be protected for ninety-five (95) years from the beginning of the calendar year following the first lawful publication. If publication does not occur within twenty-five (25) years from creation, protection shall last for one hundred and twenty (120) years from the beginning of the calendar year following creation.

Article 30:
Works of applied arts shall be protected for ninety-five (95) years from the beginning of the calendar year following their first lawful publication. If publication does not occur within twenty-five (25) years from creation, protection shall last for one hundred and twenty (120) years from the beginning of the calendar year following creation.

Second: Duration of Protection of Related Rights Holders

Article 31:
Performers’ economic rights shall be protected for ninety-five (95) years from the beginning of the calendar year following the first lawful publication of their performance. If not published within twenty-five (25) years from the date of performance, protection shall last for one hundred and twenty (120) years from the beginning of the calendar year following the performance.

Article 32:
Producers of sound recordings shall enjoy economic rights for ninety-five (95) years from the beginning of the calendar year following the first lawful publication of the recording. If not published within twenty-five (25) years from fixation, protection shall last for one hundred and twenty (120) years from the beginning of the calendar year following fixation.

Article 33:
Broadcasting organizations shall enjoy economic rights in their broadcasts for twenty (20) years from the beginning of the calendar year following the first transmission.

Chapter Eight: Deposit

Article 34:
The rightsholder may deposit, at his own expense, a copy of the work, performance, phonogram, or broadcast program with the Ministry. Such deposit shall constitute presumptive evidence of ownership. The Executive Regulations shall specify deposit procedures and publication methods.

Chapter Nine: Collective Management of Authors’ and Related Rights Holders’ Economic Rights

Article 35:
Authors and holders of related rights may, by written authorization, designate one or more professional associations or other entities to manage all or part of their economic rights.

Article 36:
These associations or entities shall be authorized to grant licenses for the use of rights, collect and distribute revenues, and perform all related tasks, unless otherwise agreed.

Article 37:
No such collective management activities may be undertaken without a license from the Ministry.

Chapter Ten: Prohibitions Relating to Technological Protection Measures and Rights Management Information

Article 40:
It shall be prohibited, without authorization of the rightsholder, to:

Circumvent technological protection measures.
Manufacture or distribute devices designed to circumvent such measures.

Chapter Eleven: Border Measures

Article 41:
The rightsholder may request customs authorities to suspend the release of goods suspected of infringing his rights. The request must include sufficient evidence for customs to determine the infringement.

Chapter Twelve: Precautionary Measures

Article 42:
At the request of the rightsholder, the court may order precautionary measures such as preventing infringement, seizure of infringing goods, and awarding compensation.

Chapter Thirteen: Civil Actions and Damages

Article 43:
Any person injured by infringement may bring a civil action before the competent civil court for damages. The court shall order appropriate compensation, taking into account profits gained by the infringer, retail prices of the goods or services concerned, court costs, and attorneys’ fees. Alternatively, the court may award statutory damages as set forth in the Executive Regulations, upon the plaintiff’s request.

Article 44:
In civil proceedings under this Law, the person designated as author, producer, performer, broadcasting organization, or publisher shall be presumed the rightsholder unless proven otherwise.

Article 45:
The competent civil court may order the infringer to disclose information about persons involved in the infringement and the means of producing or distributing infringing goods or services.

Article 46:
The competent civil court may issue orders to cease infringement, including halting exportation of infringing goods and preventing their entry into commercial channels after customs clearance.

Article 47:
The competent civil court shall also exercise the powers assigned to criminal courts in Articles 53 and 54 of this Law.

Article 48:
The competent civil court shall ensure expert and specialist fees in civil cases are set reasonably, in proportion to the task, so as not to hinder recourse to these procedures.

Chapter Fourteen: Criminal Measures and Penalties

Article 49:
The Public Prosecution shall be responsible for investigating criminal offenses of infringement under this Law, without the need for a complaint from the rightsholder or a request from any government authority.

Article 50:
The Public Prosecution may order the seizure of goods suspected of infringing intellectual property rights, as well as materials and tools used in the infringement. It is not necessary to list each item in detail in the seizure order if they are described by general categories.

Article 51:
In criminal proceedings under this Law, the person designated as author, producer, performer, broadcasting organization, or publisher of a work or broadcast shall be presumed to be the rightsholder, unless proven otherwise.

Article 52:
Without prejudice to more severe penalties provided by other laws, any person who willfully and on a commercial scale infringes copyright or related rights shall be punished by imprisonment of not less than three (3) months and not more than two (2) years, and by a fine of not less than two thousand (2,000) Omani Rials and not more than ten thousand (10,000) Omani Rials, or by either of these penalties.

Article 53:
In cases of proven willful infringement or prohibited acts, the court shall order the confiscation of all infringing goods and of all materials and tools used in their production. Such goods and materials shall be destroyed or removed from commercial circulation at the expense of the convicted person.

Article 54:
Any person who violates a court order issued to prevent infringement shall be punished by imprisonment of not less than seven (7) days and not more than one (1) month, and by a fine of not less than one hundred (100) Omani Rials and not more than one thousand (1,000) Omani Rials.

Article 55:
The criminal court shall maintain a detailed list of all goods seized in cases of infringement, and may authorize suspension of destruction if the goods are needed in civil proceedings.

Article 56:
Any person harmed by infringement of his rights may file a civil action against the offender before the competent criminal court.

Chapter Fifteen: General and Final Provisions

Article 57:
This Law shall apply to:

Works, performances, and phonograms of Omani authors, performers, or producers, and broadcasts of organizations headquartered in Oman.
Works, performances, phonograms, and broadcasts produced in Oman, regardless of nationality or residence of the authors or producers.
Works, performances, and phonograms first published in Oman, or published in Oman within thirty (30) days of first publication abroad.
Audiovisual works whose producers or principal place of business are in Oman.
Architectural works built in Oman and artistic works incorporated in buildings or other structures located in Oman.

Article 58:
Officials authorized by the Minister of Justice in agreement with the Minister shall have the authority to investigate violations of this Law according to legal procedures.

Article 59:
This Law shall not conflict with international conventions and treaties to which Oman is a party concerning the management of copyright and related rights.

Article 60:
This Law shall also apply to works created or broadcast prior to its enactment, provided they remain within the term of protection.

Article 61:
The Ministry shall be responsible for:

Informing authors and related rights holders of their moral and economic rights.
Settling disputes arising between parties regarding rights under this Law.
Coordinating with relevant entities to protect copyright and related rights.
Performing other tasks required for the implementation of this Law.

Article 62:
Final court judgments and administrative decisions relating to copyright and related rights shall be published in a manner consistent with the public interest.

Article 63:
In accordance with communications laws, this Law shall also apply to service providers in cases of violations under this Law.

Article 64:
Where this Law does not provide specific provisions, criminal and civil actions shall be subject to the applicable laws on criminal procedure and civil proceedings, in conformity with the provisions of this Law.

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