TABLE OF CONTENTS
Articles
Chapter I: | Definitions..................................................................... | 1 | |||||
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Chapter II: | Scope of Protection ....................................................... | 2 4 | |||||
Chapter III: | Author’s Rights............................................................. | 5 | |||||
Chapter IV: | Free Use of Protected Works ........................................ | 6 | |||||
Chapter V: | Term of Copyright Protection ....................................... | 7 9 | |||||
Chapter VI: | Transfer of Author’s Rights .......................................... | 10 11 | |||||
Chapter VII: | Deposit of Works .......................................................... | 12 | |||||
Chapter VIII: | Means for the Protection of Author’s Rights................. | 13 14 | |||||
Chapter IX: | Protection | of | Performers, | Producers | of | Sound | |
Recordings and Broadcasting Organizations................. | 15 23 | ||||||
Chapter X: | Final Clauses................................................................. | 24 |
We, Qaboos Bin Said, Sultan of Oman After perusal of the Basic Law of the State promulgated by the Royal
Decree No. 101/96. And the Copyrights Law promulgated by the Royal Decree No. 47/96. And in pursuance of the public interest. Have decreed as follows:
3. The Royal Decree No. 47/96 mentioned above shall be cancelled.
4. This Decree shall be published in the Official Gazette and shall come into force as from the date of its publication.
Qaboos Bin Said Sultan of Oman
Issued on: 17 Safar 1421 H. 21 May 2000
Official Gazette No. 672
1. For the purposes of this Law, the following words and expressions shall have the meanings given below, unless otherwise required by the context:
Author: the natural person who created the work.
Work: any created literary, scientific or artistic work.
Audiovisual work: any work made to be listened to and watched simultaneously, which consists of a series of related images with accompanying sounds recorded on an appropriate medium, to be displayed through appropriate devices.
Collective work: a work created by a group under the direction of a natural person or legal entity in such a way that the individual contributions to the work are indistinguishable from each other. The natural person who or legal entity which directed and organized the creation of this work shall alone have the right to exercise the author’s rights in such a work.
Joint work: a work created by more than one person. Where it is impossible to distinguish the contribution of each one in the joint work from that of the others, all shall be equally considered owners of the work, unless otherwise agreed. Where the individual contributions to the work are distinguishable, each shall have the right, unless otherwise agreed, to exploit alone his contribution without prejudice to the exploitation of the joint work.
Translation: the expression of a work in a language other than that of the original text.
Publication: making copies of a work or a sound recording available to the public with the consent of the author or the producer of the sound recording, in a quantity that reasonably satisfies the public needs, through sale, rental or otherwise transfer of ownership, possession of a work, sound recording or right to use such work or sound recording. Publication also means making a copy of a work or a sound recording available to the public by any electronic medium.
Computer programs: a set of expressions and instructions expressed in any language, code or scheme, for direct or indirect use in computers with the aim to achieve specific results.
Folklore: literary, artistic or scientific works created in Oman by popular groups expressing their cultural identity, which are transferred from generation to generation and represent a fundamental element in the national popular traditional heritage. The competent authority shall exercise the author’s rights in works of folklore to object to any mutilation, modification or unlawful commercial exploitation.
2. Protection under this Law shall be enjoyed by authors of created literary, scientific, artistic and cultural works in general, regardless of the value, type, method of expression or objective of such works. Such protection shall extend in particular to authors of
Protection provided for in the foregoing paragraphs shall be without prejudice to protection enjoyed by authors of the original works and their successors in title.
4. Without prejudice to the provisions of Articles 2 and 3, protection shall not extend to
(a) international treaties, court decisions, official documents as well as official translations thereof.
5. Author’s rights include
(ii) to object to any deletion, change, addition or any other modification of the work without the author’s consent.
The rights set out in the foregoing items may not be assigned, disposed of or subject to prescription.
6. The following uses of works shall be lawful even without the consent of the author provided that the source and the name of the author are clearly indicated:
(a) cinematographic works, works of applied arts and photographic works.
(b) works published under a pseudonym or anonymously, unless the author’s identity is revealed during that period.
(c) works published for the first time posthumously.
9. If a work consists of several parts published separately and at intervals, each part shall be considered an independent work for computing the term of protection.
12. The right holder in a literary, artistic or scientific work may deposit at his own expenses a single copy of the work with the Ministry of Commerce and Industry. Such deposit shall be considered a presumption of ownership and shall be published in the manner prescribed by the Regulations.
The Ministry of Commerce and Industry shall issue a decision determining the deposit system and due fees.
These provisions shall not apply to works published in newspapers or periodicals unless such works are published separately.
The plaintiff shall file an action on the merits of the case with the court within the following fifteen days, for a decision on the merits and appropriate damages to be granted. Otherwise, the measures shall cease to have effect.
15. “Performers” mean actors, singers, musicians, dancers and other persons who deliver, declaim or play music in literary or artistic works, whether such works are protected or have fallen in the public domain.
16. Performers shall enjoy the following rights:
(iii) to reproduce sound recordings containing an unauthorized fixation of their performances.
(iv) to rent sound recordings containing their performances.
17.—(a) A producer of a sound recording is the natural person who or legal entity that undertakes the making of the recording under his or its name and responsibility.
(b) A sound recording is any materially fixed recording that consists of sounds, whether or not such sounds result from an artist’s performance excluding, however, the sound track that accompany an audiovisual work.
18. Producers of sound recordings shall enjoy the following rights:
19. The term of protection of the rights of performers and producers of sound recordings shall be fifty years, under the Gregorian Calendar, from the beginning of the first year after the starting date of the recording, fixation or performance, as the case may be.
20. Broadcasting organizations shall enjoy the following rights in their broadcast:
(a) fixation or recording of their broadcast and reproduction of such recordings.
(b) rebroadcasting of the broadcast by wireless means and communication of such broadcast to the public.
24. The provisions of this Law shall apply to