If an author has the right to be attributed as the creator of a work, to use and exploit it, and to prevent others from using or benefiting from it without consent, then it follows that the author’s moral rights are perpetual, non-transferable, and not subject to limitation by prescription (1). This differs from economic rights, which may be transferred. These include the right to reproduce a technical work by any method or form; to commercially rent out the original copy of the technical work, or a copy thereof, to the public; to distribute the technical work or a copy thereof through sale or by any other form of transfer of ownership; to communicate the technical work to the public by other means; and to license the material exploitation of the technical work in general.
Accordingly, and in compliance with the Berne Convention of 1886 and the Paris Act of 1896 (Berne Appendix) (2), which allow developing countries to enforce licenses for the translation and reproduction of works in specific cases relating to educational activities without the right holder’s consent provided that remuneration is paid as prescribed by law—the Saudi legislator, through the Copyright Law and its Executive Regulations, has established the rules governing compulsory licenses for works and the procedures required to obtain such licenses.
Definition of Compulsory License
A compulsory license refers to the authorization granted to a third party to exploit a work without the consent of the author or copyright holders, in accordance with the provisions of the law and its regulations (3).
Legal Basis for Compulsory License
In implementation of the Berne Convention and the Paris Act Appendix concerning the restriction of reproduction and translation rights, and for reasons of public interest, Article 16 of the Copyright Law provides:
- The Minister may grant a license to publish a work after the lapse of a period determined by the Executive Regulations for each case, if it is deemed in the public interest to publish such work, in the following situations:
- If the right holder fails to make available copies of the published work in its original language within the Kingdom to meet public needs or those of school and university education at a price comparable to that of similar works in the Kingdom, after having refused to provide such copies.
- If all editions of the original work or its translation into Arabic are exhausted and the right holder fails to provide the work after being requested to do so.
- If no translation of the work has been published by the holder of the translation right or under his authorization, provided that the purpose of the translation is to use it in educational curricula.
- If the heirs of a Saudi author, or his successors, refuse to exercise the rights transferred to them under Article 11 of this Law, within one year from the date of request, unless they have a valid excuse.
- The license shall expire if the right holder publishes the work or its translation, or authorizes its publication.
- The Minister may determine a financial remuneration to be paid by the licensee to the right holders for each license issued, and the right holders may challenge his decision before the Board of Grievances.
The Executive Regulations define the procedures and conditions that must be met in the application for a compulsory license.
The Right Holder to Obtain a Compulsory License
The Implementing Regulations of the Copyright Law grant every Saudi citizen, or any legal entity headquartered in the Kingdom, the right to submit a request for a compulsory license to the Saudi Authority for Intellectual Property for the reproduction of a work or its translation into Arabic.
General Provisions of the Compulsory License
Article (36) of the Implementing Regulations of the Copyright Law clarifies the general provisions of the compulsory license, stating that:
“It shall be permissible for the Council to grant a compulsory license for a work protected under the provisions of the Law based on a request submitted to the Authority, as follows:
- The compulsory license shall not be exclusive to the licensee.
- Each request for a compulsory license shall be limited to one work only.
- Each request for a compulsory license shall be decided upon individually.
- The right holder shall be compensated with fair remuneration, and the Council shall determine the financial compensation, provided that the licensee undertakes to fulfill it.”
Requirements for Obtaining a Compulsory License
The applicant for a compulsory license must carry out the following:
When submitting the application to the Authority for a compulsory license:
- Comply with the conditions of the compulsory license, the type of license granted, and the specified time period.
- Provide proof that:
a1. He has exerted reasonable efforts to obtain a contractual license from the right holder whose name appears on the work, and his request was rejected.a2. If he has requested a contractual license from the right holder whose name appears on the work, and no response was received to his request at least three months prior to submitting the application to the Authority.
a3. If he has exerted the necessary efforts to reach the right holder but was unable to locate him. - Provide proof that he has notified the competent authority in the country believed to be the country of publication of the work intended for translation or reproduction of his intention to benefit from the right of translation or reproduction, at least three months prior to submitting the application for the compulsory license to the Authority.
- Provide proof of his ability to ensure the quality and accuracy of the translation or reproduction of the work.
- Undertake the ability to pay the financial remuneration to the right holder.
- Determine the retail price of the licensed work according to the number of editions.
When submitting the application for a compulsory license to the Authority:
- Provide proof that he has notified the right holder or the competent authority in the country believed to be the country of publication of a copy of the application for the compulsory license submitted to the Authority.
- Provide proof that he has notified the right holder or the competent authority in the country believed to be the country of publication of a copy of the acceptance of the compulsory license application (5) .
Conditions of the Compulsory License
The licensee must comply with the following conditions:
- The compulsory license for reproduction shall be limited to works in printed form or in any similar form of reproduction.
- The name of the author and the title of the work must be stated.
- The original title of the work—in its original language—must be stated on the translated work in all copies in the case of translation.
- Every copy issued under the license must bear a statement indicating that the copy is for circulation in the Kingdom only.
- Any other condition approved by the Council.
Cases of Granting a Compulsory License
The cases for granting a compulsory license are divided into those relating to the translation of a work, the reproduction of a work, and works for the benefit of broadcasting organizations, as follows:
- Cases of granting a compulsory license for the translation of a work arise when there is a need in the Kingdom for the translation of the work in order to meet educational or research needs, as follows:
- If the work has not been translated into Arabic in the Kingdom by the translation right holder or under his authorization within three years from the date of the first publication of the work.
- If the author, the right holder, or their heirs refuse to translate the work into Arabic or to authorize such translation.
- If all translated copies of the work into Arabic in the Kingdom are exhausted, and the right holder fails to provide translated copies of the work after being requested to do so by the license applicant.
- The purpose of the compulsory license must not be for profit or commercial gain.
- Cases of granting a compulsory license for the reproduction of a work arise to meet educational needs, as follows:
- If copies of the work have not been made available in the Kingdom by the right holder or under his authorization to meet the needs of the general public or education at a price comparable to the usual price in the Kingdom for similar works.
- If the right holder has ceased, for a period of six months, to make available in the Kingdom copies of the work for sale to meet the needs of the general public or education at a price comparable to the usual price in the Kingdom for similar works, after the expiration of the following periods from the date of first publication of the work:
b1. Three years if the compulsory license relates to the reproduction of a work concerning the mathematical, natural, or technological sciences.b2. Five years if the compulsory license relates to the reproduction of a general work.b3. Seven years if the compulsory license relates to the reproduction of a work belonging to the realm of fiction, such as novels, poetry, plays, musical works, and art books.
Cases of granting a compulsory license for the translation of a work for the benefit of broadcasting organizations arise as follows:
- If the work has been published in printed form or any other similar form of reproduction.
- The broadcasting organizations must have their headquarters in the Kingdom.
- The purpose of the license must be limited to serving educational needs and broadcasting scientific information directed at specialists in a specific profession.
- The broadcasting organizations must be directed within the Kingdom.
- The work must be translated from a copy obtained in accordance with the regulations in force in the Kingdom.
- The purpose of the compulsory license must not be for profit or commercial gain.
- Subject to paragraph (Third), the Council may authorize broadcasting organizations to translate any text included in an audiovisual fixation prepared and published for educational purposes.
- Subject to paragraph (First), if the work to be translated consists mainly of drawings and illustrations, the reproduction cases stated in paragraph (Second) shall apply to it.
Restrictions on the Compulsory License
The granting of a compulsory license is subject to the following restrictions:
- The licensee may not export copies of the licensed work produced under the compulsory license outside the Kingdom, and the use of such copies must be limited to within the Kingdom.
- Any government entity in the Kingdom may export licensed translated copies under the compulsory license to other countries under the following conditions:
- The recipients must be nationals of the Kingdom.
- The export must not be for profit or commercial purposes.
- An agreement must be reached with the country to which the export is intended, clarifying the mechanism of receipt and distribution.
Cases of Cancellation and Termination of the Compulsory License
The Implementing Regulations of the Copyright Protection Law regulate the cases of cancellation and termination of the compulsory license under Articles (43 and 44), as follows:
Article (43) of the Implementing Regulations provides that:
“The Council shall cancel the compulsory license in the following cases:
- If the licensee fails to adequately utilize the compulsory license to meet the needs of the Kingdom within the period specified in the granting decision.
- If it is proven that the licensee obtained the compulsory license unlawfully.
- If the licensee violates the provisions of Article (21) of the Law when preparing the licensed copy.
- If the licensee breaches any provision of the compulsory license”
Article (44) of the Implementing Regulations provides that:
- “The Council shall terminate the validity of the compulsory license, after notification by the right holder, if the work has been translated into Arabic or made available in the Kingdom by the right holder, or under his authorization, and is of the same content as the published translation, or at a price comparable to the usual price in the Kingdom. The right holder must notify the licensee of the availability of the translation or copies of the work and provide evidence thereof.
- The termination of the license shall take effect three months from the date the licensee is notified.
- Copies issued under the compulsory license may continue to circulate in the Kingdom until they are exhausted.”
What is the legal definition of a compulsory license in the context of Saudi copyright law?
In the context of Saudi copyright law, a compulsory license is defined as the authorization granted to a third party to exploit a work without the consent of the author or copyright holders. This authorization must be carried out in accordance with the specific provisions of the law and its executive regulations.
The legal framework for these licenses is established under Article 16 of the Copyright Law, which allows the Minister to grant such licenses for reasons of public interest. These regulations are designed to comply with international agreements, such as the Berne Convention and the Paris Act, which permit developing countries to enforce licenses for the translation and reproduction of works for educational purposes without the right holder’s consent, provided that appropriate remuneration is paid.
Can a compulsory license be granted on an exclusive basis to one licensee?
No, a compulsory license cannot be granted on an exclusive basis to a licensee.
According to Article 36 of the Implementing Regulations of the Saudi Copyright Law, one of the general provisions explicitly states that a compulsory license “shall not be exclusive to the licensee”. This means that the authorization granted to a third party to exploit a work without the consent of the right holder does not prevent other qualified parties from also obtaining similar licenses for the same work, provided they meet the necessary legal requirements,.
The framework for these licenses is designed to serve the public interest, particularly for educational, research, or scientific purposes, by ensuring that works are accessible even when the original right holder fails to provide them,,. By maintaining the non-exclusive nature of these licenses, the law prevents a single licensee from having a monopoly over the reproduction or translation of a work under the compulsory licensing scheme.
Overview of Compulsory Licenses for Works within the Kingdom
The text details the legal framework for compulsory licenses in Saudi Arabia, which allow for the exploitation of intellectual property without the author’s direct consent under specific conditions. Rooted in the Berne Convention, these regulations prioritize the public interest, particularly for educational and research purposes, when copyright holders fail to provide accessible translations or copies. The sources outline the strict application requirements managed by the Saudi Authority for Intellectual Property, including the necessity for fair financial compensation and proof of prior negotiation attempts. Furthermore, the documents specify operational restrictions, such as limiting the distribution of materials to within the Kingdom and prohibiting commercial profit. the text identifies the criteria for termination, ensuring that these licenses are revoked if the original right holder eventually meets the market’s needs.
Sources:
- The Berne Convention was concluded in 1886 and revised in Paris in 1896, Berlin in 1908, supplemented in Berne in 1914, revised in Rome in 1928, Brussels in 1948, Stockholm in 1967, Paris in 1971, and amended in 1979. The Kingdom of Saudi Arabia acceded to the Convention in 2003.
Summary from WIPO website on the Berne Convention for the Protection of Literary and Artistic Works (1886), accessed Wednesday, 5/3/2025.
- Article 1 of the Implementing Regulations issued pursuant to the decision of the Board of Directors of the Saudi Authority for Intellectual Property No. (21/03/2022), dated 17/11/1443 AH corresponding to 16/6/2022.
- Article 35 of the Implementing Regulations issued pursuant to the decision of the Board of Directors of the Saudi Authority for Intellectual Property No. (21/03/2022).
- Article 37 of the Implementing Regulations issued pursuant to the decision of the Board of Directors of the Saudi Authority for Intellectual Property No. (21/03/2022).
- Article 40 of the Implementing Regulations issued pursuant to the decision of the Board of Directors of the Saudi Authority for Intellectual Property No. (21/03/2022).
- Article 41 of the Implementing Regulations issued pursuant to the decision of the Board of Directors of the Saudi Authority for Intellectual Property No. (21/03/2022).
- Article 42 of the Implementing Regulations issued pursuant to the decision of the Board of Directors of the Saudi Authority for Intellectual Property No. (21/03/2022).
