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Policy & Procedure
Policy Title :
Administration of Copyright Policy
Policy Number :
V. 3
Responsible Party :
Research
Effective Date :
21/05/2015
Revised Date :
_______________________

Purpose

To ensure that the intellectual work and outputs, as well as the rights of creators of the work at Prince Mohammad bin Fahd University is protected in accordance with international and national laws.

Statement :

All Faculties appointed by and working at PMU have a responsibility to understand and comply with national and international copyright laws. The University reserves the right to terminate system access of users/faculty who repeatedly infringe on the rights of copyright owners in accordance with the national copyright laws. Faculty, staff, and students must familiarize themselves with the University policies on intellectual property, patents, and copyrights.

Copyright and policy at the University

The PMU Library collects a wide variety of materials in print and electronic format and makes them available to staff and students at the University in keeping with national Copyright Law. The library complies fully with copyright law in its collection development activities, its electronic licensing of products and in its borrowing and lending activities.

The copyright law of the Kingdom of Saudi Arabia governs the making of reproductions of copyrighted material, including photocopying, printing, and downloading. Any individual who uses such a reproduction for purposes in excess of "fair use" may be liable for copyright infringement.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction should only be used for the purpose of research, private study, or scholarship. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of 'fair usage', that user may be liable for copyright infringement.

PMU reserves the right to refuse a request for copying material(s) if, in its judgment, fulfillment of the order would involve violation of copyright law.

Use of some databases may also be restricted by license agreement with the data provider. Specific information is posted with some databases, but most are limited to use by faculty, students, and staff of the University.

Obtaining permission to use copyrighted works

The Library helps students, faculty, and staff members at the University to seek copyright permissions needed in conjunction with teaching and research.  The Library is also available to support the researcher to obtain copyright permission.

Copyright law in Saudi Arabia

Intellectual Property

Saudi law protects the rights of both Saudi nationals and foreigners in the field of intellectual property. Every natural or legal person that suffers injury resulting from trademark law infringement may claim damages. Expert proceedings regarding the infringement are permissible, and damages for trademark and patent infringements are punitive and provide compensation for the injured person.

Intellectual property rights are also indirectly protected by the provisions of the Regulations for Combating of Commercial Fraud, which enable Saudi authorities to impose numerous sanctions for the production of counterfeit products or unlicensed copies of products, including, among other things, seizure and destruction of such products, and/or imposing monetary fines for violation of the provisions of the regulations.

The burden of proof in intellectual property cases lies with the plaintiff, and it is an onerous responsibility, unless the unlawful products are seized. Under Saudi law, documentary evidence does not supplant oral evidence, but the two combined may support each other. In trademark cases, discovery may provide the injured party with material and documentary evidence which alleviates the burden of proof.

Orders are enforced in respect of payment of money by effecting seizure against the party losing the case. With regard to prohibitory injunctions and writs of mandamus, orders are submitted to civil right directorates of the Interior Ministry to execute. Non-compliance with such orders may result in the imprisonment of the offender and the seizure of his/her assets.

Copyright Law

The copyright law in the Kingdom of Saudi Arabia was issued as per Royal Decree No. M/41 dated August 30, 2003 and published in the Official Gazette No. 3959 dated September 19, 2003.

Protection is granted to authors whose works of art are expressed in writing, sound, drawing, photography or motion pictures and computer software. The rights of the author are protected for his/her lifetime and for a period of fifty (50) years after his/her death.

The protection shall cover all intellectual works whether they are literary, scientific or artistic of any type as far as the distribution of the same in Saudi Arabia is allowed.

Foreign intellectual works are protected in accordance with the international conventions, of which Saudi Arabia is a member.

No registration procedures of copyright are available in Saudi Arabia. According to the Berne Convention for the Protection of Literary and Artistic Works, registration in the home country extends to all member states. However, any printed materials or computer programs can be distributed in Saudi Arabia only after receiving an approval from the Ministry of Information. For this purpose, a local distributor is essential. The distributor should obtain the necessary approval locally.

The Kingdom of Saudi Arabia is a member of the Universal Copyright Convention and the Berne Convention for the Protection of Literary and Artistic Works