Objection to a Copyright Claim in Kuwait
This article explains copyright and author’s rights in Kuwait, how to file an objection to a copyright claim, key protection periods, and practical ways to address infringement and protect works through registration and legal measures.
<img src="https://mohamie-kuwait.com/wp-content/uploads/2023/05/%D8%A7%D9%84%D8%A7%D8%B9%D8%AA%D8%B1%D8%A7%D8%B6-%D8%B9%D9%84%D9%89-%D9%85%D8%B7%D8%A7%D9%84%D8%A8%D8%A9-%D8%AD%D9%82%D9%88%D9%82-%D8%A7%D9%84%D8%B7%D8%A8%D8%B9-%D9%88%D8%A7%D9%84%D9%86%D8%B4%D8%B1-%D9%81%D9%8A-%D8%A7%D9%84%D9%83%D9%88%D9%8A%D8%AA.webp" alt="Objection to a Copyright Claim in Kuwait">
Authors in Kuwait enjoy exclusive rights that protect their intellectual creations against misuse, infringement, and unauthorized exploitation.
This article explains what copyright and neighboring rights cover in Kuwait, what kinds of works are protected, how to file an objection to a copyright claim, and practical steps to address infringement.
Table of contents
- Copyright claims in Kuwait
- How to object to a copyright claim
- How to address copyright infringement
- FAQs
## Copyright claims in Kuwait
Copyright and publishing rights fall under the broader umbrella of intellectual property in Kuwait, which includes many kinds of human creativity (literary, artistic, musical, audiovisual works, software, designs, symbols, names, images, and more).
Kuwaiti legislation has emphasized protecting authors’ rights. Kuwaiti Law No. 75 of 2019 on Copyright and Neighboring Rights provides that copyright protection applies to literary, artistic, and scientific works regardless of their purpose or value.
Examples of protected works include:
- Written works (books, articles, etc.)
- Oral works
- Plays and performances
- Broadcast works
- Drawings and visual arts
- Audiovisual works
- Musical compositions
- Applied arts
- Photographs and maps
- Computer programs
- Collective and joint works
- Translations, summaries, and databases (as derivative works)
### Author’s rights in Kuwait
Author’s rights are generally divided into:
1) Moral rights (non-financial):
- Attribution (the right to have the work credited to its author)
- Deciding when the work is first published
- Preventing distortion or modification that harms the author’s reputation
- Using a pseudonym
2) Economic rights (financial exploitation):
The author (and, in some cases, their successors) may authorize or prohibit:
- Reproduction (printing, copying, recording, or digital storage)
- Translation and musical arrangement
- Distribution by sale
- Public performance
- Public display or communication to the public
- Rental
- Making the work available online through software and networks
As a general concept, licensing economic exploitation does not mean transferring ownership of the work; it is typically granted under written terms that specify the rights, purpose, duration, and territory.
## How to object to a copyright claim in Kuwait
### Works that may not be protected
Kuwaiti law excludes certain categories from copyright protection, such as:
- Operating methods, mathematical concepts, abstract facts, and discoveries
- Legislative, judicial, and executive materials
- News and journalistic reports (as such)
- Holy books and the writing/recordings of their recitation
- Speeches and pleadings (depending on the context)
- Ingredient lists
### Objection procedure (overview)
An objection may be filed by submitting a petition to the urgent matters judge (Judge of Summary/Urgent Matters) at the Court of First Instance (the “Kuwait Court”).
If an order is issued rejecting the request, the author (or successor) may challenge it before the issuing judge by filing the appropriate claim following the ordinary procedural steps.
### Protection periods (general summary)
Protection periods differ depending on the nature of the work and the author:
- Economic rights are protected during the author’s lifetime and for 50 years after death.
- Joint works are protected during the lives of the co-authors and for 50 years after the last co-author dies.
- Works published under a pseudonym are often protected for 50 years.
- Works owned by a legal entity may be protected for 50 years.
- Photographs and applied arts are often protected for 50 years.
Moral rights generally last as long as economic rights, while attribution (crediting the author) is commonly treated as a continuing right.
## How to address copyright infringement
In Kuwait, administrative oversight and deposit systems for protected works are linked to Kuwait National Library (under the National Council for Culture, Arts and Letters). Registering/depositing a work is one practical way to strengthen proof of ownership.
Practical enforcement routes may include:
- Seeking judicial protection through the competent courts and IP-related mechanisms
- Requesting assistance from law enforcement in cases involving counterfeit products or stolen trademarks
- Requesting customs measures when infringing goods are imported
- Challenging confusingly similar trademark registrations before the competent appeal bodies
## FAQs
Q: What does “claiming” copyright mean?
A: It generally refers to asserting and protecting the exclusive rights attached to creative works to prevent unauthorized use and to preserve the author’s moral and economic rights.
Q: How can I file an objection to a copyright claim?
A: By submitting a petition to the urgent matters judge at the competent court; if the request is rejected, you may challenge the order through the procedures allowed by law.
Q: How can copyright be removed?
A: This depends on the specific situation and the legal basis for protection. If you believe a work is being unlawfully claimed or used, you should seek legal advice and use the appropriate administrative/judicial channels to request takedown and compensation.
If you need help preparing an objection petition or assessing whether a work is protected, consult a specialized lawyer to review the facts and supporting documents.
