The drafting and notarization of a Copyright Use Agreement in the UAE is a necessary legal process that protects the rights of copyright owners and provides clarity to licensees regarding the scope and limitations of their usage rights. Copyright Use Agreements are essential legal documents that protect the rights of creators and intellectual property owners in the United Arab Emirates (UAE). These agreements establish a legally binding relationship between the copyright owner and the user or Licensee, defining the terms and conditions under which the work can be used, reproduced, distributed, or adapted.
The agreement serves as a legally binding contract between the owner of the copyright and the user or Licensee, defining the rights and obligations of each party. This article provides an overview of the drafting and notarization process of a Copyright Use Agreement in the UAE.
What is Copyright Use Agreement?
A Copyright Use Agreement is a legal document that establishes the terms and conditions under which a copyrighted work can be used, reproduced, distributed, or adapted.
Drafting and Notarization of a Copyright Use Agreement in the UAE:
The drafting and notarization of a Copyright Use Agreement in the UAE involve several steps and requirements, which are discussed in detail below.
Step 1: Drafting the Copyright Use Agreement
The first step in drafting a Copyright Use Agreement in the UAE is to create a comprehensive document that clearly defines the terms and conditions of use for the copyrighted work. It is important to note that Copyright Use Agreements in the UAE must comply with the provisions of new Federal Law No. 38 of 2021 concerning Copyright & Neighboring Rights (New Copyright Law) that replaced the old Federal Law No. 7 of 2002 (Old Copyright Law). This law protects literary, artistic, and scientific works, including books, paintings, music, computer software, and other types of intellectual property. The law also defines the rights of copyright owners and the obligations of users and licensees.
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Here is a basic framework for drafting a Copyright Use Agreement in the UAE:
- Parties to the Agreement: Identify the parties to the agreement. It will typically be the owner of the copyright (the “Licensor”) and the party seeking permission to use the copyright (the “Licensee”).
- Description of the Copyrighted Work: Provide a clear and accurate description of the copyrighted work that the Licensee wishes to use, including any relevant registration or identification numbers.
- Scope of License: Specify the scope of the Licensee’s permission to use the copyrighted work. It should include the rights granted, such as reproduction, distribution, or public performance. It should also specify any limitations on those rights, such as geographic or time limitations.
- Fees and Payment: Specify any fees or payment arrangements related to using the copyrighted work. It might include a one-time payment, a recurring payment, or a percentage of profits generated by the use of the work.
- Term and Termination: Specify the duration of the license and any conditions under which it can be terminated. It might include the expiration of a set period, breach of the agreement, or mutual agreement between the parties.
- Representations and Warranties: Both parties should make certain representations and warranties in the agreement. The Licensor should warrant that they are the rightful owner of the copyrighted work and have the right to grant the license. The Licensee should warrant that they will use the copyrighted work only as specified in the agreement.
- Indemnification: Specify any indemnification provisions related to the use of the copyrighted work. It might include a requirement for the Licensee to indemnify the Licensor against any infringement claims resulting from the Licensee’s use of the work.
- Governing Law and Jurisdiction: Specify the governing law and jurisdiction of the agreement. In the UAE, the Copyright Law is the governing law for copyright agreements.
- Signatures: Both parties should sign and date the agreement.
It is recommended that the parties seek the advice of legal counsel before finalizing and signing a Copyright Use Agreement in the UAE.
You should know: Supplementary Agreement Drafting And Notarization
Step 2: Notarization of the Copyright Use Agreement
Once the Copyright Use Agreement has been drafted, it must be notarized by a notary public in the UAE. Notarization is a legal process that involves the authentication of the agreement by a neutral third party, the notary public. This process ensures the agreement is legally binding and enforceable in the UAE courts.
To notarize a Copyright Use Agreement in the UAE, the following steps must be followed:
- Choose a notary public: The copyright owner or the Licensee must choose a notary public to notarize the agreement. The UAE government must authorize the notary to perform notarial acts.
- Present the agreement and identification documents: The copyright owner or the Licensee must present the Copyright Use Agreement to the notary and their identification documents.
- Review and sign the agreement: The notary will review the agreement to ensure it complies with the relevant laws and regulations. Once the notary is satisfied with the agreement, the copyright owner and the Licensee must sign it in the presence of the notary.
- Notarize the agreement: The notary will affix their official stamp and signature to the agreement, indicating that it has been notarized.
- Pay the notary fee: The copyright owner or the Licensee must pay the notary fee for notarizing the agreement.
Are you looking for a reliable and professional firm to assist you with drafting and notarization of a copyright use agreement? Look no further than the expert team of drafting lawyers at Notary Public Dubai! It is essential to ensure that the agreement is drafted in compliance with the relevant laws and regulations and that it is notarized and registered for maximum legal protection. Copyright owners and licensees can establish a legally binding agreement that protects their respective rights and interests by following the necessary steps. At Notary Public Dubai, our drafting lawyers provide comprehensive legal services to meet your needs, including drafting and notarizing copyright use agreements.
Our team of drafting lawyers has extensive experience in copyright law. It can help you navigate the complex legal landscape to ensure your agreement is tailored to your unique needs and circumstances.
Hassan Humaid Al Suwaidi is a UAE Citizen and the founder of the firm HHS Lawyers. He has a vast experience of 20 years of dealing with high-value and complex notary requirements. Hassan has been involved in some of the largest legal settlements in the UAE and is commended for his ability to attain the most favourable outcomes for his clients.