How Can You Protect Your Digital Work?

There is no doubt that the tremendous development in the field of information technology has had a profound impact on intellectual property rights and their protection; it has led to the emergence of what are known as digital works, which are considered one of the most important features of the digital age and have come to occupy a significant place in various aspects of life due to their speed and simplicity. However, digital works have become the target of many infringements; therefore, their protection has become a safeguard for the author, allowing them to develop their creativity without fear of their work being infringed upon (1). Through the following questions and their answers, we will explore everything related to this topic: What is meant by an electronic work? What are the justifications for protecting electronic works? What actions constitute an infringement of an electronic work? What are the means of protecting electronic works?

First: What is meant by an electronic work?

The legislature has not defined an electronic work; therefore, some jurists have defined it as “any electronic post published with the knowledge of a user of electronic platforms, whether on their personal page or through other electronic pages or groups accessible to the public” (2).

Second: Justifications for Protecting Electronic Works

The justifications for protecting electronic works are as follows:

1. Ease of piracy, which leads to the loss of copyright and, consequently, a reluctance to innovate and engage in intellectual creativity.
2. Damage to computer systems and databases.
3. Hacking or unauthorized access to computer network devices.
4. Cyber espionage (3).

Third: Acts Constituting Infringement of Electronic Works

Article (25) of the Executive Regulations of the Copyright Protection Law stipulates that:

“First: Any person who is proven to have committed, via websites on the World Wide Web, any of the violations listed in Article (21) of the Law shall be considered to have infringed upon copyright.

Second: Websites on the World Wide Web are liable for copyright infringement based on the site’s content, or what is broadcast through it, or what is linked via an external link to another site affiliated with it, if it is proven to contain any of the violations stipulated in Article (21) of the Law.”

Upon reviewing the text of Article (21) of the Copyright Protection Law, we find that it specifies the acts that constitute an infringement of the rights protected by the Law, stating that: “The following acts shall be deemed an infringement of the rights protected by the Law:

1. Publishing a work that is not owned by the publisher, or publishing it while claiming ownership, or without obtaining written permission or a contract from the author of the work, their heirs, or their representatives.
2. Modifying the contents, nature, subject matter, or title of the work without the author’s knowledge and prior written consent, whether the modification is made by the publisher, producer, distributor, or others.
3. The producer, publisher, or printer reprinting the work without obtaining prior written consent from the rights holder, or without possessing the necessary documentation authorizing the reprint.
4. Removing any written or electronic information that may result in the forfeiture of the rights of the work’s owners.
5. Removing or disabling any electronic protective measures that ensure the use of original copies of the work, such as encryption, laser-engraved information, or other similar measures.
6. The commercial use of intellectual works through circumvention methods not permitted by the rights holder, such as the use of pirated software or the unauthorized reception of encrypted radio broadcasts.
7. Manufacturing or importing devices for the purpose of sale or rental that facilitate the reception or use of works in ways other than those specified by the rights holder.
8. Copying or reproducing parts of a book, a collection of books, or parts of any work, with or without compensation, without obtaining written consent from the rights holders and the relevant authorities at the Ministry, except for the cases of lawful reproduction specified in Article 15 of this Regulation.
9. Importing counterfeit, pirated, or copied works.
10. Keeping non-original works in a commercial establishment, warehouse, or other locations directly or indirectly affiliated with it, under any pretext whatsoever.
11. Infringing upon any of the protected rights stipulated in this Regulation, or committing a violation of any of its provisions.

IV. Means of Protecting Electronic Works

1. Complaints, reports, and any detected infringements shall be submitted to the competent department of the Authority

First, in the event of an infringement as described in Article (21) of the Copyright Protection Law, the author (the rights holder) or his or her representative is entitled to file a complaint with the Saudi Authority for Intellectual Property, provided that it complies with the conditions for filing a complaint with the aforementioned Authority using the forms provided for that purpose. The author is also entitled to file a report with the same Authority using the forms provided for that purpose, in addition to any findings by the competent department regarding websites on the World Wide Web that are suspected of infringing copyright based on available preliminary evidence (4).

Accordingly, the competent department at the Saudi Authority for Intellectual Property shall proceed to take control of the websites by issuing a report and preparing a technical report on the infringement incident (5).

The competent department at the Authority also directly handles the procedures for summoning and temporarily blocking websites on the World Wide Web—in accordance with established regulatory procedures—that are found to be in violation of the provisions of the Law (6) and the Regulations. If there is no response to the summons within 8 working days from the start of the temporary blocking; the case file shall be referred to the committee competent to examine violations arising from the application of the provisions of the Copyright Protection Law, as set forth in Article (28) of the Executive Regulations of the Copyright Protection Law.

2. Criminal Penalties

The Copyright Protection Law prescribes penalties for anyone who violates the provisions of this Law. Article (22) thereof provides as follows:

“First: Anyone who violates any provision of this Law shall be punished with one or more of the following penalties:

1. A warning.
2. A fine not exceeding two hundred and fifty thousand riyals.
3. Closure of the infringing establishment or the establishment that contributed to the infringement of copyright for a period not exceeding two months.
4. Confiscation of all copies of the work, as well as the materials intended for or used in committing the copyright infringement.
5. Imprisonment for a period not exceeding six months.

Second: In the event of a repeat violation involving the same or another work, the maximum penalty, fine, and closure period may be doubled.

Third: If the Committee deems that the violation warrants imprisonment, a fine exceeding one hundred thousand riyals, or revocation of the license, it shall refer the matter to the Minister for submission to the Board of Grievances.

Fourth: The Committee may award financial compensation to the copyright holder whose rights have been infringed and who files a complaint, and such compensation shall be commensurate with the extent of the infringement and the damage suffered.

Fifth: The Committee may include in its decision a penalty of public censure against the infringer; the publication shall be at the infringer’s expense and in the manner the Committee deems appropriate.

Sixth: The Committee may include in its decision a suspension of the infringing entity’s participation in activities, events, or exhibitions if the violation is detected at a commercial event, provided that the duration of the suspension does not exceed two years.

Seventh: The Committee may issue a provisional decision to suspend the printing, production, publication, or distribution of the infringed work, and to place a provisional seizure on copies, materials, and images derived from it, or to take any provisional measure it deems necessary to protect the copyright, until a final decision is reached on the complaint or appeal.

The implementing regulations shall specify the procedures for provisional seizure. Articles 32, 33, and 34 of the implementing regulations of the Copyright Protection Law stipulate the procedures for provisional seizure. In all cases, a person against whom a decision has been issued by the Committee has the right to appeal it before the Board of Grievances within sixty days from the date of notification of such decision (7).

3. Civil Protection

Article 19 of the Executive Regulations of the Copyright Protection Law provides that “the copyright owner or his representative has the right to claim compensation for damages incurred as a result of an infringement of any of his rights protected by the Law before the competent court.”

What are the justifications for protecting works electronically?

The justifications for protecting electronic works lie in several fundamental aspects aimed at safeguarding creators’ rights and ensuring the continuity of intellectual output, as follows:

1. Ease of Piracy: The digital nature of works makes them easy to pirate, leading to the loss of copyright and, consequently, discouraging innovation and intellectual creativity.
2. Data protection: Preventing the destruction of computer systems and databases containing these works.
3. Countering breaches: Preventing unauthorized access or breaches of computer networks hosting these works.
4. Anti-Spyware: Protection against the risks of cyber espionage that may target digital content.

How should an author respond if their work is infringed upon?

If an electronic work is infringed upon, the Copyright Protection Law and its implementing regulations in the Kingdom of Saudi Arabia have established several avenues and procedures that the author (the rights holder) or their representative may take to protect their rights:

• Filing a Complaint or Official Report: The author has the right to file a complaint with the Saudi Authority for Intellectual Property, provided that the complaint complies with the Authority’s registration requirements and uses the forms provided for that purpose. The author may also report the infringement to the Authority.
• Administrative and Enforcement Procedures: Upon the filing of a complaint or the detection of an infringement by the competent department, the Authority shall proceed to take action against the infringing websites by issuing a report and preparing a technical report on the infringement.
• Summons and Temporary Blocking: The competent department handles the procedures for summoning the violator and temporarily blocking the website. If the violator fails to respond to the summons within 8 business days of the blocking date, the case file is referred to the committee responsible for reviewing violations of the Copyright Protection Law.
• Claim for Financial Compensation (Civil Protection):
  • The committee responsible for reviewing violations may award financial compensation to the author commensurate with the extent of the infringement and the harm suffered.
  • The author or their representative is also entitled to file a lawsuit before the competent court to claim compensation for damages resulting from the infringement.
• Precautionary measures: The committee may issue provisional orders, such as suspending the printing or distribution of the work, and placing a precautionary seizure on the copies and materials used in the infringement until a final decision is rendered in the case.

In addition to these rights, the law imposes criminal penalties on the infringer, including a warning, fines of up to 250,000 riyals, closure of the establishment, confiscation of copies, and even imprisonment in some cases.

Conclusion

The sources address the concept of electronic works and ways to provide legal protection for them in light of rapid digital development, highlighting the risks of piracy and technical infringements. The texts clarify the infringing acts that constitute a violation of copyright, such as unauthorized publication or circumvention of digital encryption. The sources also review the procedural mechanisms followed by the Saudi Authority for Intellectual Property, including monitoring violations and blocking infringing websites. Furthermore, the documents detail strict criminal penalties, including fines and imprisonment, as well as civil remedies that guarantee the right to compensation for those harmed. These regulations underscore the importance of protecting intellectual innovation as a fundamental safeguard for the continued creativity in the digital space.

Sources

1. Dr. Abdulkarim Muhammad Zalam and Marwa Ahmed Badanjki: Protection of Electronic Works in the Digital Space, Al-Mustaqbal Journal of Legal and Political Studies, Vol. 06, No. 02, 2022, pp. 2, 3. Protection-of-Electronic-Works-in-the-Digital-Space.pdf Date accessed: February 26, 2025, at 2:00 p.m.
2. Dr. Walid Mohamed Wahba: Protection of Intellectual Property Rights for Digital Works and Civil Liability of Electronic Platform Operators, published in the Journal of Law and Social Studies, Badr University, p. 40. article_280029_4543d755d2752ac5b577d8988f3b35b2.pdf Date accessed: February 26, 2025, at 2:15 p.m.
3. Dr. Abdulkarim Muhammad Zalam and Marwa Ahmed Badanjki: Protection of Electronic Works in the Digital Space, Al-Mustaqbal Journal of Legal and Political Studies, op. cit., p. 7.
4. Article 26(1) of the Executive Regulations of the Copyright Protection Law issued pursuant to Decision No. (3/21/2022) of the Board of Directors of the Saudi Authority for Intellectual Property dated 17/11/1443 AH.
5. Article 27 of the Executive Regulations of the Copyright Protection Law issued pursuant to Decision No. (3/21/2022) of the Board of Directors of the Saudi Authority for Intellectual Property dated 17/11/1443 AH.
6. The Copyright Protection Law issued pursuant to Royal Decree No. (M/41) dated 2/7/1424 AH.
7. Article 22 of the Copyright Protection Law issued by Royal Decree No. (M/41) dated 2/7/1424 AH.