Copyright and Related Rights Act No. 22/2016

Copy right and Related Rights Act

Part one
Definitions and scope of protection
Article (1)
In the application of this law, the following words and phrases mean the meaning of each of them:
1- Work: Any innovative literary, artistic or scientific work of any kind, way of expressing it, its importance or purpose.
Innovation: The creative nature that gives the originality and excellence to the work.
3. Author: The person who creates the work and who is named on the work or attributed to him when publishing the author, unless there is evidence otherwise.
It is also considered the author of the work who publishes it anonymously or under a pseudonym provided that there is no doubt about the truth of his person, and if the doubt is considered the publisher or producer of the work, whether a natural or legal person representing the author in the directness of his rights until the truth of the author’s person is recognized.
4. Collective work: A work developed by more than one person under the guidance of a natural or legal person who manages and publishes it in his name and account, and the work of its authors is integrated into the purpose to which that person is intended, without specifying a special right of any of the authors on the sum of the work, including scientific encyclopedias and literary anthology.
5. Co-author: A work that does not fall into collective works and is co-authored by more than one author, whether or not the share of each of them is determined.
6. Derivative work: A work whose origin is derived from an earlier work such as translations, musical distributions, folk expression groups and folk heritage when they are innovative in terms of the selection or arrangement of their contents.
7. National folklore: inherited arts, traditional knowledge, expressions and performances, including oral, written, musical, kinetic or any of the above that can be concretely reflected in elements that reflect these inherited arts, traditional knowledge and traditional heritage, which He grew up or continued in Kuwait, particularly:
(a) Oral expressions such as tales or puzzles, puzzles, poems, whether in classical or colloquial, and other poems and adage.
B- Musical expressions such as folk songs accompanied by music, and folk music.
C- Kinetic expressions such as popular motor performances, plays and art forms.
(d) Tangible expressions such as folk art products, such as fine art, drawings, whatever the lines or colors used, engraving and sculpture products, ceramics, clay, wood products and various inlays, wicker products, mosaics, minerals and jewels Textiles, needlework, carpets, clothing, bags, musical instruments, architectural forms, etc.
8. Neighbouring rights: copyright rights and similar in some respects (public performance rights, rights of producers of audio recordings, rights of broadcasters).
9. Neighbouring rights holders: persons who communicate the author’s work to the public: performers, producers of sound recordings, broadcasters.
10. Performers: actors, singers, singers, musicians, musicians, dancers and motor performers whose performance is associated with literary or artistic works subject to the provisions of this Law or to the public domain, or perform in one form or another, including folkloric expressions.
11. Producer of sound recordings: A natural or legal person who for the first time records an audio recording or sounds of any performance and is responsible for this work.
12. Radio: Audio, video or audiovisual broadcasting of an item, performance, audio recording, recording of a work or performance and communicating it to the public in a wireless manner, including satellite broadcasting.
13. Public performance: Any work that would make the work available to the public, such as representation, casting, playing or broadcasting, so that the public communicates with the work through performance, audio, video, audio or audio directly.
14. Public conduction: wire or radio broadcasting of an item, performance, audio recording or radio programme that can be received by broadcast ing alone to non-family members and close friends, other than the venue of the broadcast, regardless of the time or place in which the receiving takes place.
15. Aggregation: Any form of data collection or other material that falls within the scope of intellectual creations because of the selection or arrangement of their contents.
16. Databases: A set of materials or data that is collected consistently or by selection or arranged in an innovative manner.
17. Installation: Every representation of sounds or representation of sounds can be heard, reproduced or transmitted using any device.
18. Audiovisual work: a work that consists of a series of images related to each other, which are essentially intended to be displayed with the accompanying sounds, if any, through the use of instruments or devices such as projectors, monitors or electronic equipment regardless of the nature of the material objects. through which works such as films or tapes are embodied.
Distribution: Making the work available to the public by sale or otherwise.
20. Leasing: Making the work work available for use for a specified period of time in order to obtain direct or indirect economic or commercial benefit.
21. Broadcasting Authority: Any natural, legal, assigned or responsible person for radio broadcasting, audio, video or audio visual radio.
22. Producer of audio, visual or audio visual work: the natural or legal person who initiates the completion of an audio, visual or audio visual work and is responsible for this achievement.
23. Publishing: Any work that would make a work, audio recording, radio programme or any performance available to the public in any way.
24. Publisher: A natural or legal person who publishes a work, an audio recording, a radio show or any performance of the public in any way.
25. Copying: Making one or more copies of a work, audio recording, radio programme, or any performance in any form or image, including download, storage or permanent or temporary electronic installation, whatever method or tool used for copying.
26. Public domain: is the property to which all works and related rights that are outside the scope of protection or whose term of protection of financial rights expires.
The organization is the world trade organization.
Convention: Berne Convention for the Protection of Literary and Artistic Works.
Minister: Minister of Information.
Library: National Library of Kuwait.
31. Council: National Council for Culture, Arts and Literature.
Article (2)
The established protection of copyright and related rights includes Kuwaiti natural and legal persons, foreigners permanently residing in the State of Kuwait, foreigners who are nationals of one of the Member States of the Convention or in the organization and those in their custody.
It is considered to belong to member states:
First: With regard to copyright:
1. Nationals of a Member State of the Convention or in the Organization for their works, whether published or not.
2. Non-national authors of a Member State for their works, which are published for the first time in a Member State or in one non-Member State and a Member State at the same time, and the work is published simultaneously in several States if it appears in two or more States within 30 days of its first publication, and does not Publishing a musical or film play, performing a musical work, public reading of a literary work, wire transport, broadcasting literary or artistic works, displaying an art work and executing an architectural work.
3. Producers and authors of audiovisual works whose headquarters or residence are in a Member State.
4. Authors of architectural works in a Member State or other works of art in a building or other facility located in a Member State.
Second: With regard to the rights that are neighbouring to copyright:
Performers if one of the following cases is available:
A. Performance in a Member State of the Convention or in the Organization.
(b) Unloading performance in audio recordings whose product belongs to a Member State of the Convention or the Organization or completing the first recording of the sound in the territory of a Member State of the Convention or the Organization.
C. Broadcasting performance through a broadcast ing organization based in a Member State of the Convention or organization and using a transmitter that is also located in a Member State of the Convention or the Organization.
2. Producers of audio recordings if the first recording of the sound was made in a Member State of the Convention or in the Organization.
3. Radio organizations based in the territory of a Member State of the Convention or the Organization where the broadcast ing programme has been broadcast from a transmitter also located in the territory of a Member State of the Convention or the Organization.
Citizens of the Member States of the Convention or the Organization shall have any advantage, preference, privilege or immunity granted by any other law to the nationals of any State in relation to copyright and related rights, unless the source of this advantage, preference or immunity is as follows:
1- Legal aid agreements or legal cooperation agreements.
2- Agreements on copyright and related rights in force before the date of entry into force of the WTO Agreement in Kuwait.
Article (3)
The protection established by this Act for the rights of authors applies to innovative works in literature, arts, sciences or knowledge, regardless of the type or manner of their expression, importance or purpose of their composition or classification, and includes in particular the following:
1- Written materials such as books, brochures, etc.
2. Works that are verbally received such as lectures, speeches, poems, songs, songs, etc.
3. Theatrical compositions, dramas, reviews, and other performances performed in motion or sound together.
Works broadcast on radio.
5- Painting, fine art, architecture, decorative arts, artistic knitting, sculpture, engraving, stone printing, etc.
Audio, visual or audio-visual works.
7- The work of the applied arts, whether professional or industrial.
8. Photography work, or similar.
9. Illustrations, geographical maps, designs, charts, drawings (croquet), works related to geography, topography, architecture and science.
10. Stereoscopic works relating to geography, topography, architecture or science.
11- Computer software in any language or level.
12. Derived works without prejudice to the established protection of works from which they are derived, such as translation works, summary works, editing, explanation, investigation, or other modifications.
13. Collective works such as encyclopedias and anthology that are innovative in terms of their contents, or their arrangement and tabulation, whether literary, artistic or scientific.
14. Compilation works such as databases, whether machine-readable or in any other form, are innovative in terms of selecting, arranging or tabulating their contents.
15. Collections of works of any kind where they are innovative in terms of the selection, arrangement or tabulation of their contents, without prejudice to the established protection of the original works.
Protection also applies to and selected groups of expressions (folklore) of popular heritage.
Article (4)
The protection established in accordance with the provisions of this Law does not apply to:
1- Ideas, procedures, methods of operation, methods of operation, concepts of mathematics, principles, abstract facts, discoveries and data, even if expressed, described or described in a work.
2. Official documents, whatever their original language, or the language transmitted to them, such as the texts of laws, regulations, resolutions, international agreements, judicial decisions, arbitrators’ rulings and decisions of administrative committees with jurisdiction.
3- Daily news or events that are just press information.
Protection applies to the sum of the above if its collection is characterized by innovation in the order, presentation or classification.
Article (5)
National folklore is a public property of the people, defined, nurtured, supported and the literary and financial copyright sits on it by the Council.
Part two
Copyright and related rights
Chapter 1: Copyright
First: Literary rights
Article (6)
The author and his public successor to his work have permanent literary rights that are not waived or reserved for them, and are absolutely null and void of any action, including the following:
First: The right to report the publication of the work for the first time.
Second: the right to the ratio of the work to its author.
Third: the right to prevent any infringement or modification of the work that would distort or distort it, or lead to damage to the honour, reputation or status of the author.
Article (7)
The author may, if seriously reasons arise, ask the Total Court to prevent the submission of his work or to withdraw it from circulation to make substantial adjustments to it despite his conduct in the right of financial exploitation.
If the author responds to his application, the right to seek compensation is assessed by the court.
Article (8)
The Council shall exercise the moral rights stipulated in article 6 if the Kuwaiti author dies without a heir, as well as in the case of works whose author is not informed.
Second: Financial rights
Article (9)
The author, his public successor and his guardian have an exclusive right to authorize or prevent any use or exploitation of his work in any way, particularly through publishing, copying, broadcasting, public radio broadcasting, public delivery, translation, alteration, leasing or making available to the public, including making it available to the public. Through computers, internet networks, information networks, communication networks and other means.
The exclusive right of distribution is exhausted at the first sale of the original copy of the work, and the buyer of the original protected work is allowed to sell, abandon or manage it without the right holder’s permission.
The exclusive right to lease does not apply to computer software if it is not the primary rental shop, nor for the rental of audiovisual works when they do not lead to the proliferation of their copies in a manner that causes material harm to the owner of the exclusive right referred to.
Article (10)
The Council shall exercise financial rights over works whose author, who holds Kuwaiti nationality, dies without having a heir or guardian, and works whose author is not aware of it.
Article (11)
The author may receive the cash or in kind return he deems fair in return for the transfer of one or more rights of financial exploitation of his class to third parties.
For the author to have conduct in any of his financial rights, the work must be written and to specify in detail, in which it is expressly and in detail, each right that is subject to the disposal of its own, its extent, its purpose, the duration of the waiver of exploitation and the place of such exploitation. The author remains the owner of all that is not waived as before, and his authorization to exploit any of his financial rights is not a leave of absence by exploiting any other financial right he enjoys on the work.
Article (12)
With no breach of copyright exceptions in this Law, the transfer of financial rights relating to computer software works, applications and databases is subject to the license of the contract contained in the software or labeled on it, whether it appears on the software-bearing pillar or appears when downloading or storing The software is in the computer screen, and the buyer or user of the software is bound by the terms of that license unless it is contrary to public order or morals.
Article (13)
The author’s conduct, in any way, in the original version of his work does not result in the transfer of any of his financial rights to the person to which he or she is concerned, unless otherwise agreed in writing.
Article (14)
The author’s financial rights may be reserved for the publication in the event of a court ruling against him, and the financial rights may not be reserved for works whose author dies before publication unless it is conclusively established that he intended to publish them prior to his death.
Article (15)
Every act of the author in the sum of his future intellectual production is absolutely null and void.
Chapter II
Neighbouring rights
First: Literary rights
Article (16)
Performers, their general successors and their conductors have permanent literary rights that are not waived or reserved, including:
1- The ratio of performance – live or recorded – to the performer.
2. Prevent any modification or change that may distort or distort performance, or damage the honor, reputation or prestige of the performer.
Article (17)
Performers have the following financial rights:
(a) The right to authorize or prevent the delivery of their performance to the public, to publish, broadcast, public availability, leasing, original recording of the performance or any of its copies or performance recorded by any means, and to lease or copy the original performance for direct or indirect commercial purpose regardless of the ownership of the asset or the leased copies.
(b) The right to authorize or prevent the installation of performance on an audio recording or any other means.
C- The right to authorize or prevent copies of their performance installed in an audio recording or any other means.
The conduct of the rights established by performers under this article is required to be written and to specify in detail each right individually, with the extent, purpose, duration and place of the right at the disposal.
The provision of this article does not apply to any recording of performers performing in any audio-visual recording unless otherwise agreed in writing.
Article (18)
Producers of sound recordings have the following financial rights:
(a) The right to authorize or prevent any exploitation of their recordings in any way and the exploitation of such recordings without their prior written consent is prohibited in this sense, which is prohibited in this sense, copied for commercial purpose directly or indirectly, leased, broadcast or made available through computers. automated or other means.
(b) The right to authorize or prevent public access to voice recording by wire, wireless, computer or other means in the place and time of their respective choices.
The act of acting on the rights of the producers of audio recordings under this article is required to be written and to specify in detail each right individually, with the extent, purpose, duration and place of the right at the disposal.
Article (19)
Only broadcasters have the following financial rights:
(a) To authorize or prevent the exploitation of its recordings and radio programmes.
(b) To authorize or prevent any transfer, delivery, availability, reproduction, installation, rental, broadcast, broadcast, broadcast to the public by any means, including removal, damage or destruction of any technical protection of such software and recordings as encryption or otherwise.
The conduct of the rights established by the broadcasting bodies under this article is required to be written and to specify in detail each right individually, with the extent, purpose, duration and place of the right at the disposal.
Article (20)
The provisions governing the author’s conduct in the financial rights of this Act, and those contained in the Convention, apply to all the actions of the rights holders of neighbouring rights in their financial rights.
If the period of protection of the financial rights provided for in this Act expires without a general successor to the performer holding Kuwaiti nationality, or in the case of anonymous works, the Council shall proceed with the literary rights provided for in this article.
Chapter III
Duration of protection
Article (21)
1. Copyright protection shall be on his work for life, and for 50 years after his death.
2. The period of protection for common works is calculated from the date of death of the last surviving authors.
3. The period of protection of works for which the author is a legal or anonymous person is 50 years from the date of the first publication of a project of the work, and if the author’s name is known before the end of 50 years, the period of protection is the duration stipulated in section (1).
4. If the work is made up of several parts or volumes to be published separately or at intervals, each part or volume is a separate work for the duration of the protection.
5. The duration of protection for audio, video, audiovisual, films and collective works of the legal person, and computer software is 50 years from the date of the first presentation or publication of a project for the work regardless of republication.
6. The duration of protection for works of applied arts (whether professional or industrial) and photographs is 50 years from the date of the first presentation or publication of a project of the work regardless of republication.
The calculation of the period indicated after the death of the author begins from January 1 st of the year after death.
Article (22)
1- The duration of protection for performers is 50 years from the date of the first performance.
2. The period of protection for audio recording producers and performers is 50 years from the date of registration or publication, whichever is further.
3. The period of protection for broadcasters is 20 years from the end of the calendar year, during which broadcast programmes or broadcasts have been broadcast. Works published for the first time are terminated 50 years after the death of their author from January 1, the year after the year in which it is published.
Chapter IV
Provisions for certain works
Article (23)
The natural or legal person who was directed to invent the collective work shall be solely subject to the literary and financial copyright sought by the author unless otherwise agreed in writing.
Article (24)
Each author in the co-author shall be considered an equal partner in financial rights unless otherwise agreed in writing, in which case none of them may be alone in the conduct of copyright except by written agreement.
Article (25)
If the work is created for another person, the copyright belongs to the creator unless you agree in writing otherwise.
If the worker creates a work related to the activities or work of the employer or uses the creation of this work, the employer’s experiences, information, tools, machines or materials at his disposal, the copyright belongs to the employer with To help the worker’s intellectual effort unless it is agreed in writing otherwise.
The worker’s copyright shall be if the work created by him is not related to the work of the employer and the worker does not use the employer’s expertise, information, tools or raw materials to reach such an innovation unless otherwise agreed in writing.
Article (26)
Works that do not bear the author’s name, or have an alias, are authorized by the author to initiate the rights established by the author in this law unless proven otherwise.
Article (27)
A man who has created another image may not publish, display or distribute its original or copies without the permission of the owner, unless he agrees to otherwise.
However, the photograph may be published on the occasion of incidents that occurred in public, concerned persons of official or public standing or local or international reputation, provided that the presentation or circulation of the image in such cases does not prejudice the honour or reputation of the person.
The person represented by the photograph may authorize its publication in newspapers and other means of publication, even if the photographer does not, unless otherwise agreed.
The previous provisions apply to photographs, no matter how they were executed, drawing, digging or any other means.
Article (28)
The copyright of the work does not prevent others from taking new images of the object depicted, even if they are taken from the same place and in the circumstances in which the first photographs were taken.
Chapter v
Restrictions and exceptions to rights
Author and related rights
Article (29)
While not infringed on the literary and financial rights of copyright in accordance with the provisions of this Law, the use of the work by third parties is in no way an attack on copyright, provided that such use does not conflict with the normal exploitation of the work and does not harm the legitimate interests of the author, and is considered to be used as a means of use. The project in particular is what comes:
First: Performing the work in meetings within a family framework or for students inside or outside an educational facility as long as this is done without charge for direct or indirect financial.
Second: Copying the original work for the purely personal use of the copier in any way, provided that the work was legitimately published and that the original was obtained legitimately, provided that such copy did not prejudice the normal exploitation of the work or harm the legitimate interests of the right holder.
Third: to cite paragraphs of that work in another work, provided that the citation is in line with the current custom, and that it is to the extent justified by the desired objective, and that the source and the name of the author be mentioned, and this applies to the press summaries transmitted from newspapers and periodicals.
Fourth: Copying short parts of the work for teaching and educational purposes in educational facilities only within the desired objective, and the following is required:
Copies should not be made for commercial purposes, or for profit purposes.
2. Copies should be copied at times or separate times and times that are not connected.
3- The name of the right holder and the title of the work should be indicated on each copy.
Fifth: Make a single copy of the computer software by knowing the person who obtained the original legitimately for use for one of the following purposes:
1- Modifying or modifying the original version of the program to suit the needs of the licensee.
2- Study ing the ideas and theories on which it is based through reverse engineering.
3- Modify the language in which the original language of the program was written from the source language to the language of the machine.
4. Save or replace when the original is lost or damaged.
Prepare materials or programs to deal with the original program.
6- Modifying or correcting the errors contained in the program to increase the effectiveness of the operation and increase its efficiency.
7- Testing the program and securing the network of which it is a part.
Sixth: Reporting or copying of articles published in newspapers and periodicals on current topics or broadcast works of a similar nature, provided that the source is clearly stated and the author’s name, if any.
Seventh: Copying any radio work that can be seen or heard on the occasion of the presentation of current events through static or moving imaging, provided that this is within the objective to be achieved, with a clear reference to the source.
Eighth: Copies of speeches and other similar works publicly displayed to the public, if copied by the media with the author’s name clearly stated, and the author may reserve the right to publish these works in the manner he sees.
Ninth: Production of temporary recordings by broadcasters by their own means, without harming copyright by one or more copies of any protected work authorized to broadcast or display, with all copies to be destroyed within one year of the date of their preparation, or a longer period with the author’s consent, and copies may be kept. From this recording is in official archives if it is for a unique documentary recording.
X: Transfer of short excerpts from previously published works, drawings, photographs, designs or maps to textbooks intended for curricula, history books, literature and the arts, provided that such a transfer is as necessary, and that the name of the work and the name of the author shall be mentioned.
11: Exchange of documents between libraries, by fax, mail or secure electronic transfer, provided that the file is deleted immediately after printing a hard copy of the work for a non-commercial search or for the personal use of the recipient library patrons.
12: Government-funded archives, libraries, museums and galleries that have copies of works as part of their activity as follows:
(a) These institutions are allowed to copy their collection of works for the purpose of providing backups and for the purpose of preservation and digitizing the work to meet the development and electronic operation of the needs of these entities.
(b) If the work is in a group with one of the parties referred to and is incomplete, it may complete or purchase the missing parts from one of these entities.
C. A work that must be available in their collections in their chosen form, if they cannot find such works in this particular form in the market or through the publisher.
D- Copying the work when it is impossible to obtain leave from the author or the right holder or when the work is not available for sale or publication.
E. Works copied in accordance with previous clauses may be used for personal or study purposes both within the building and without electronic equipment, and can be loaned to the user.
Thirteenth: Photographing a copy of the work by public libraries or non-commercial documentation centers under the following conditions:
(a) Copies must be for the purpose of meeting the request of a natural person for the purposes of study or research.
(b) Copies must be for the purpose of preserving the original or replacing the copy with copies that are lost, damaged or unusable and that it is impossible to obtain a replacement on reasonable terms.
Fourteenth: The use of the work for the purposes of caricature, simulation and imitation without harming the author, with his name mentioned.
15: Facilitate the access of the work to a person with a disability without the author’s permission by electronic communication and take any intermediate steps to achieve this goal, in accordance with the following conditions:
(a) The person who wishes to take this activity must have legitimate access to this work or a copy of it.
(b) To convert the work into an accessible format, using any means required to browse information within the limits of access to the work, but not to make any changes other than those required for persons with disabilities to access the work.
C- This should be done on a non-profit basis.
D. A person with disabilities who has obtained a copy of the work by any means may make a copy for personal use.
E. Works prepared in a form that is accessible to a person with disabilities may be imported and exported to and from another State.
16: Part of the original or copied work is shown to the public for the purpose of promoting, testing or training users.
Seventeenth: The general presentation of the work or the general performance of parts of the work as part of a presentation at a conference, symposium, workshop or other similar activity without the author’s permission provided that it is non-commercial.
18th: Make a temporary electronic version in the following cases:
1- If it is transient or occasional.
If they are integrated or an essential part of a technical process.
3. If the primary purpose of the copy is to enable the transfer of the work within a network to a third party by intermediary or the legal use of works of no independent economic importance.
19: Use a limited part of the legally published work to criticize it or support a point of view, provided that the size of the used part does not exceed what is necessary and accepted and that the author’s name is always mentioned.
20: Publicly displaying or performing a work at official parties within the limits required by such events, with the name of the author and the source mentioned. Any agreement contrary to the restrictions and exceptions contained in this chapter is invalid.
Article (30)
While not infringed on the moral and financial rights of copyright in accordance with the provisions of this Law, the author or his successor shall not prevent newspapers, periodicals or radio organizations within the limits justified by their purposes:
1. Publish excerpts from his works, which have been made available to the public legally, and his published articles on topics of public concern at a given time unless the author has been banned at the time of publication, provided that the source quoted and the author’s name and title of the work are mentioned.
2. Publishing speeches and speeches delivered in seminars and public meetings of parliaments and legislative, administrative and social bodies, public, scientific, scientific, artistic, political, social and religious, yet the author or his successor still has the right to collect these works in groups attributed to him.
3. Publish excerpts from an audio, visual or audio work that is available to the public in the context of news coverage of current events.
Article (31)
The exceptions to the author’s financial rights provided in this Act apply to the financial rights of neighbouring rights holders in a manner that does not conflict with the nature of these rights.
Article (32)
Anyone with an interest to request the library to grant him a personal license to copy or translate any work or any of the adjacent rights in accordance with the provisions of this law, without the right holder’s permission for non-commercial education needs at all levels or for the needs of public libraries and archives, in return for fair compensation to the right holder or successor. The competent court appreciates that such a licence does not interfere with normal exploitation or harm the legitimate interests of the right holder.
The issuance of the licence shall be a reasoned decision of the competent minister specifying the time and time range of use, as determined by the regulations.
Part III
Collective management of the requirement of rights, precautionary measures and sanctions
Chapter I
Collective management of the requirement of rights and precautionary measures
Article (33)
Copyright holders and related rights and their private and public successors may entrust the administration of all the rights provided for in this Act and collect compensation for them to associations or companies that form among themselves in accordance with the Clubs and Public Interest Associations Act and the Companies Act, referred to.
Article (34)
The President of the Court competent in the origin of the dispute, at the request of the relevant and by order of a petition, shall order one or more of the following or other appropriate precautionary measures, in the event of an attack on any of the rights provided for in this Act:
1- Prove a detailed description of the work, performance, audio recording or radio program.
2. Stop the publication, performance, audio recording, broadcast, broadcast, copyor or manufacture of the work temporarily for a specified period, which may be extended until the substantive dispute is decided.
3. Reservation of the work, audio recording or original radio programme and its copy, as well as on the material used to republish this work, performance, audio recording or radio programme, or to extract copies of it, provided that those materials are valid only for the republication of the work, performance or recording. Audio or radio program.
4. Proof of the fact of the attack on the right of protection.
5. Accounting and keeping the revenue resulting from the exploitation of the work, audio recording or radio programme in all cases.
The President of the Court may order one or more expert sands to assist the executor.
The student must submit the dispute to the competent court within 15 days of the date of the order, otherwise the order will be returned as if it were not.
Article (35)
The president of the court shall support or cancel the order in whole or in part, or appoint a guard whose task is to republish the work, audio recording, radio program or exploitation. E, offer editing, manufacturing and extracting copies of it and depositing the resulting revenue in the court treasury until the origin of the dispute is decided.
Article (36)
Library staff identified by the competent minister to monitor the implementation of this law inspect printing presses, libraries, publishing houses and public places, and control crimes that occur in violation of its provisions and edit the necessary records and refer them to the competent investigative authority, and may use police officers to perform their work when Need.
It may be a reasoned decision of the Minister to temporarily close the administratively violating facility for a maximum of three months, and in the event of a return, the license may be withdrawn and the establishment is permanently closed.
Article (37)
The customs authorities may, on their own or at the request of the right holder, order a reasoned decision not to release customs goods that constitute an attack on one of the protected financial rights in accordance with the provisions of this Law, and submit a request not to release to the Director General of the General Administration of Customs in accordance with the conditions and conditions specified by the General Administration of Customs. The executive regulations.
Article (38)
The Library establishes a register of deposits of works, performances, audio recordings and radio programmes subject to the provisions of this Act and the regulations specify the procedures and rules of such filing.
Article (39)
Those concerned may complain about decisions to refuse deposit, registration and certification in accordance with the rules and procedures set by the Executive Regulations.
Chapter II
Penal
Article (40)
The Public Prosecutor’s Office has the sole authority to investigate, act and prosecute all crimes arising from the application of the provisions of this law. Issued by the Court of Appeal by way of discrimination.
Article (41)
The government’s commitment to the united states is a matter of concern. :
1. Attacking a moral or financial right of the author or the holder of the neighbouring rights provided for in this Law, including making any work available to the public, showing any work, performance, audio recording or radio programme, which is covered by the protection established in this Law through computers or information networks. T or communication networks or other methods or other means.
2- Selling or renting a work, audio recording or radio program protected in accordance with the provisions of this Law or putting it to circulation in any way.
Article (42)
The government’s decision to suspend the work of the National Security Service is a matter of concern.
1- Manufacturing, assembling, importing or exporting for sale, leasing, trafficking or distribution of any device, device or tool designed or specifically designed to circumvent the technical protection used by the author or the owner of the neighbouring right.
2. Breach the technical protection used by the author or the owner of the right to protect the rights provided by the law or to preserve the quality and purity of copies of works, without right
3. Remove, disable or disable any technical protection or electronic information aimed at regulating and administering the rights unjustly established in this Act.
4- Store or download any copy of computer software or applications or databases on the computer without the authorization of the author or the owner of the right next door or behind them.
Article (43)
In addition to the penalties for the crimes mentioned in articles 42.41, the confiscation of copies of the crime or the collection of copies of the crime, as well as the equipment and tools prepared for their commission, are punished.
The court also considered that the author’s claim that the author had been subjected to a “serious” act of “murder” was not a violation of the law.
The court may order the publication of the summary of the final conviction in two daily newspapers at the expense of the convict.
Article (44)
In the case of recidivism, one of the offences referred to in articles (41.42) of this Act within five years of the final judgment, the maximum legally prescribed penalty is increased by half.
Article (45)
The government’s decision to suspend the work of the National Commission for The Defence of The State of The O’Hare, which is the first of its kind, is to provide a detailed list of the remaining 100,000 people who have been sentenced to prison terms.

قانون الجزاء الكويتي 16/1960

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