THE LAW FIRM OF HAZIM AL MADANI ATTORNEYS AND LEGAL CONSULTANTS

Compulsory licenses for the use of non-authors' works or their rights without prior permission

Requirements for obtaining Compulsory licenses:

Every person shall be entitled to apply to the Saudi Authority for Intellectual Property to request a Compulsory license to reproduce a work or translate a work into Arabic, if the person fulfills the following conditions:

1- The compulsory license shall not be exclusively for the person granted to it.
2- Each compulsory license application shall be limited to one work.
3- To decide on each compulsory license application separately.
4- The right holder in the work shall be compensated with a fair compensation and the Board shall determine the financial reward, provided that the licensee undertakes to fulfill it.

According to the provisions of Article 36 of the executive regulations of the copyright protection system.

What are the requirements for obtaining Compulsory licenses:

First: The applicant for a compulsory license must do the following:

1. Make the necessary efforts to obtain a contractual license from the right holder whose name appears on the work and whose application has been rejected; or
2. Request the right holder whose name appears on the work for a contractual license and his application was unanswered at least three months before submitting a license application to the Authority; or
3. Make the necessary efforts to reach the right holder, but he was unable to find him.

C- Provide evidence that he has informed the competent authority in the country which is believed to be the publishing country of the work to be translated or reproduced of his desire to benefit from the right of translation or reproduction, at least three months before submitting compulsory license application to the Authority
D- Provide evidence of his ability to guarantee the quality and accuracy of the translation or copying of the work.
E- Undertaking to be able to pay the financial reward to the right holder.
F- Determining the retail price of the licensed work according to the number of editions.

Second: After submitting an application to the Authority for a compulsory license:

A- Provide evidence that he has notified the right holder or the competent authority in the country which is believed to be the country of publication of the work with a copy of the compulsory license application submitted to the Authority.
B- Provide evidence that he has notified the right holder or the competent authority in the country he believes to be the country of publication with a copy of the acceptance of the compulsory license application.

According to the provisions of Article 37 of the executive regulations of the copyright protection system.

When shall the compulsory license be granted:

The Board of the Authority grants the compulsory license to the applicant after six months of fulfilling all the requirements of the compulsory license.

According to the provisions of Article 38 of the executive regulations of the copyright protection system.

What are the non-licensing cases of compulsory license:

1- The Board of the Authority shall not grant the compulsory license before the end of no less than six months of the attempts made by the applicant for the license with the right holder.
2- The Board of the Authority shall not grant a compulsory license if the right holder translates the work for which the license is requested into Arabic, or provides translated copies of the work in Saudi Arabia or if the right holder makes Copy trading in Saudi Arabia at a price close to the usual price, before deciding on the compulsory license application.
3- The Board of the Authority shall not grant a compulsory license to a work if the author has withdrawn all Copy trading of the edition subject of the application. According to the provisions of Article 39 of the executive regulations of the copyright protection system.

What are the requirements for obtaining a compulsory license?

The licensee must comply with the following controls:

1- The compulsory license for reproduction is limited to works that are in printed form or any similar form of reproduction.
2- The name of the author and the title of the work shall be mentioned.
3- The original title of the work - in its original language - must be mentioned on the translated work in case of translation on all copies.
4- Each copy issued under the license shall include a provision stating that the copy is publicly traded in Saudi Arabia only.
5- Any other provision approved by the Board.

According to the provisions of Article 40 of the executive regulations of the copyright protection system.

What are the cases for granting a compulsory license:

First: The cases of granting a compulsory license to translate a work when the work is required to be translated in Saudi Arabia in order to meet the educational or research requirements shall be according to the following:

1. If the work has not been translated into Arabic in Saudi Arabia by the owner of the translation right or with his permission, three years after the date of the first publication of the work.
2. If the author, the right holder or his heirs refuse to translate the work into Arabic or authorize it.
3. If all translation copies of the work in Saudi Arabia are made into Arabic without the right holder providing translated copies of that work after being requested by the license applicant.
4. The purpose of the compulsory license shall not be profitable or commercial.

Second: The cases of granting a compulsory license to reproduce a work in order to meet educational needs shall be according to the following:

1- If copies of that work have not been publicly traded in Saudi Arabia by the right holder or with his permission to meet the needs of the general public or education at a price close to the usual price in Saudi Arabia for similar works.
2- If the right holder stops for six months, offering copies in Saudi Arabia to sell the work to meet the needs of the general public or education at a price close to the usual price in Saudi Arabia for similar works, after expiry of the following terms from the date of the first publication of the work:

A- Three years if the compulsory license relates to copying a work related to the mathematical, natural and technological sciences.
B- Five years if the compulsory license is related to the reproduction of a public work.
C- Seven years if the compulsory license relates to copying a work that belongs to the fantasy world, such as novels, poetic, theatrical and musical compositions, and art books.

Third: The cases of granting a compulsory license to translate a work in favor of broadcasting organizations according to the following:

a- If the work has been published in print or in any other similar form of transmission.
b- The main headquarters of broadcasting organizations shall be in Saudi Arabia.
c- If the purpose of the license shall be limited to serving the educational needs and broadcasting information of a scientific nature directed to specialists in a specific profession.
d- If the broadcasting organizations are directed at Saudi Arabia.
e- The work must be translated from a copy obtained in accordance to the regulations in Saudi Arabia.
f- The purpose of the compulsory license shall not be profitable or commercial.

Fourth: Subject to the provision of (Third) Clause, the Board of the Authority may authorize broadcasting organizations to translate any text included in an audiovisual fixation prepared and published for use in education purposes.

Fifth: Subject to the provision of (First) Clause, if the work to be translated consists mainly of Images and illustrations, then the reproduction cases contained in (Second) Clause shall apply to it.

According to the provisions of Article 41 of the executive regulations of the copyright protection system.

What are the compulsory licensing restrictions:

According to the provisions of Article 42: The executive regulations of the copyright protection system.

What are the cases of compulsory license cancellation:

The Board of the Authority shall cancel the compulsory license in the following cases:

1- If the licensee does not make sufficient use of the compulsory license to meet the needs of Saudi Arabia during term provided in the grant decision.
2- If it is proven that the licensee unduly obtained the compulsory license.
3- If the licensee violates provisions of Article (21) of the system when preparing the licensed copy.
4- If the licensee violates any provision of the compulsory license.

According to the provisions of Article 43 of the executive regulations for the copyright protection system.

What are the cases of compulsory license termination:

1. The Board of the Authority, after being notified by the right holder, terminates the validity of the compulsory license if the work is translated into Arabic or is publicly traded in Saudi Arabia by the right holder, or with his permission, with the same content of the published translation or at a price close to the usual price in Saudi Arabia, provided that the right holder shall notify the licensee to provide the translation or copies of the work and providing evidence thereof.
2. Termination of the license shall take effect three months after the date on which the licensee is notified.
3. Copies issued under the compulsory license may continue to publicly traded in Saudi Arabia until its entry into force.

According to the provisions of Article 44 of the Executive Regulations of the Copyright Protection Law.

How to pay the financial reward for the compulsory license:

The applicant for a compulsory license, after being notified of the decision to accept the license application, shall be obligated to pay the financial reward stated by the Board to the right holder for issuing the license within thirty days from date of his notification, provided that the applicant submits proof of that. Compulsory license shall be void. except for; If the applicant was unable to find or reach the right holder, as determined by the decision to grant a license.

According to the provisions of Article 45 of the executive regulations of the copyright protection system.

Term of compulsory license

According to the provisions of Article 46 of the executive regulations of the copyright protection system.

Publication of compulsory licensing decisions

The decisions to grant, terminate and cancel compulsory licenses shall be recorded in the Authority’s records and published with the author’s name and contact data, type of license, name of the licensee and term of the license, and notified the licensee.

According to the provisions of Article 47 of the executive regulations of the copyright protection system.

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