How to Object to a Copyright Claim in Kuwait: Rights, Procedures, and Legal Protection

Literary, artistic, and scientific works in Kuwait enjoy legal protection aimed at safeguarding the rights of their creators and preventing unauthorized copying, publication, or exploitation. Law No. 75 of 2019 on Copyright and Related Rights provides an important legal framework for this protection and regulates authors’ rights, exceptions, and the legal remedies available in the event of infringement.

But what happens when a dispute arises over the ownership or use of a protected work? How can you object to a copyright claim in Kuwait? And what legal steps can be taken if someone copies a piece of content, an image, software, or another creative work without permission?

In this guide, we explain the key rules governing copyright in Kuwait, the duration of protection, and the procedures that may be followed when an infringement occurs.

If you are facing a copyright dispute or unauthorized use of a protected work, Ineqad Law Firm and Legal Consultancy can review the documents and facts of your case and help determine the most appropriate legal course of action.

What Is Copyright in Kuwait?

Copyright refers to the legal rights granted to the author or creator of an original work when the requirements for legal protection are met.

These rights form part of the broader system of intellectual property rights in Kuwait, alongside trademarks, patents, and other rights that protect intellectual and creative output.

Kuwaiti law provides protection for literary, artistic, and scientific works in accordance with the conditions and provisions set out in the applicable legislation.

Protected works may include:

• Books, articles, and written works.

• Lectures and oral works.

• Plays and dramatic works.

• Musical works.

• Audiovisual works.

• Drawings and visual arts.

• Photographs.

• Maps and plans.

• Computer programs.

• Collective and joint works.

• Translations and summaries, subject to legal requirements.

• Databases where the requirements for protection are met.

• Certain applied art works and other works covered by law.

What Rights Does an Author Have in Kuwait?

Copyright in Kuwait can generally be divided into moral rights and economic rights, each of which has a different legal nature and effect.

First: Moral Rights

Moral rights protect the personal and intellectual connection between an author and their work.

Depending on the applicable legal provisions, these rights may include:

• The right to have the work attributed to its author.

• The right to decide when the work is first published.

• The right to object to certain distortions, alterations, or modifications that may prejudice the work or the author.

• The right to use a real name or a pseudonym.

Moral rights differ from economic rights in important ways, and the specific legal provisions governing each right should be reviewed when determining their duration or whether they may be transferred.

Second: Economic Rights

Economic rights allow the rights holder to commercially exploit the work and authorize or prohibit certain forms of use.

Depending on the nature of the work, these rights may include:

• Reproducing the work.

• Printing, photographing, or recording it.

• Storing or copying it digitally.

• Translating it.

• Distributing it.

• Performing or displaying it publicly.

• Communicating it to the public.

• Publishing it online.

• Renting it in cases covered by law.

• Licensing others to exploit the economic rights.

Granting a license to use one particular right does not necessarily mean that all other rights have also been transferred or licensed.

Can Copyright Be Assigned or Licensed?

Economic rights may be transferred or licensed in accordance with the law, which is why written contracts play a crucial role in intellectual property disputes.

A copyright agreement or license should clearly define, where applicable:

• The right being transferred or licensed.

• The scope of permitted use.

• The duration of the license.

• The territory in which the right may be exercised.

• The financial consideration, if any.

• The methods and means by which the work may be used.

Carefully drafted intellectual property agreements can significantly reduce the risk of future disputes over the permitted use of a work.

When Can You Object to a Copyright Claim in Kuwait?

An objection to a copyright claim in Kuwait may arise where there is a dispute over the existence, ownership, scope, or lawful use of a protected work.

Examples of situations that may lead to a dispute include:

• A person claiming ownership of a work without having a valid legal right.

• A claim concerning material that is not protected in its abstract form.

• The existence of a prior license permitting the use of the work.

• Expiry of the applicable economic protection period.

• Use that may fall within a statutory exception.

• A dispute over the identity of the actual author.

• Use by a licensee beyond the permitted scope.

• Unauthorized use of the work.

Receiving a copyright claim does not automatically mean that infringement has been established. The ownership of the work, the nature of the use, the relevant agreements, licenses, and supporting evidence should all be carefully examined.

Which Works Are Not Protected by Copyright?

Copyright protection does not extend to every idea or piece of information in an absolute manner. The law defines the scope of protection, the applicable exceptions, and categories of material that may not be protected as such.

One important distinction is between an abstract idea and the original creative expression of that idea.

An idea itself may not necessarily be protected by copyright, while the original way in which that idea is expressed may qualify for protection if the legal requirements are satisfied.

The law also includes specific provisions concerning certain official texts, news, facts, and other materials. Therefore, the nature of the disputed work should be assessed before determining whether copyright protection applies.

How to Object to a Copyright Claim in Kuwait

The appropriate procedure depends on the nature of the dispute and the party or authority issuing the claim.

A copyright claim may arise through a legal notice, court proceedings, an online content complaint, or an allegation that a protected work has been infringed.

In practice, dealing with such a dispute may involve the following steps:

1. Review the Claim

The claim should first be carefully examined to determine:

• The identity of the alleged rights holder.

• The work involved in the dispute.

• The legal basis of the claim.

• The date the work was created or published.

• The nature of the disputed use.

• The compensation or remedy being requested.

2. Verify Ownership of the Work

Relevant evidence should be collected to establish ownership of the work or the right to use it, such as:

• Original copies.

• Electronic files and creation dates.

• Authorship agreements.

• Employment contracts where the work was created in the course of employment.

• Assignment agreements.

• Licensing agreements.

• Correspondence.

• Deposit or registration documents, where available.

3. Determine Whether the Use Was Lawful

The manner in which the work was used should be compared with the applicable law and any contract or license.

The dispute may involve unauthorized use, or the use may be based on a valid license or another lawful basis permitted under the law.

4. Respond to the Copyright Claim

If there are valid grounds for objection, a legal response may be prepared and supported by relevant evidence and legal arguments explaining why the claim should be rejected or limited.

5. Take Court Action If Necessary

If the matter cannot be resolved amicably, court proceedings may be necessary to seek an order stopping the infringement, obtain other legal remedies, or claim compensation where the legal requirements are met.

The appropriate judicial procedure will depend on the facts of the case, the evidence available, and the remedies sought.

What Should You Do If Your Copyright Is Infringed?

If an author discovers that another person has copied, published, or exploited their work without permission, it is important to preserve evidence before taking further action.

Important practical steps may include:

1. Documenting the infringement.

2. Saving links, files, screenshots, images, and correspondence.

3. Preserving evidence of the date the work was created or published.

4. Reviewing previous contracts and licenses.

5. Identifying the person or entity responsible for the use.

6. Sending a legal notice or claim where appropriate.

7. Requesting that the use be stopped or the content removed.

8. Taking court action and claiming compensation where the legal conditions are satisfied.

The appropriate course of action may differ depending on whether the infringement relates to an article, photograph, software program, video, book, artwork, or another type of work.

Is Registration Required for Copyright Protection in Kuwait?

It is important to distinguish between the existence of copyright protection and deposit or registration procedures that may assist with evidence.

Depositing a work or holding official documentation connected to it may be useful in proving ownership or the date of creation in the event of a dispute.

However, whether a particular deposit or registration procedure is required for a specific right should be determined by reviewing the relevant provisions of the law and the nature of the protected work.

For this reason, authors and businesses are advised to preserve all evidence showing the date of creation, ownership, and any subsequent modifications to their works.

Duration of Copyright Protection in Kuwait

The duration of economic copyright protection varies depending on the type of work, the status of the author, and the method of publication.

Law No. 75 of 2019 contains detailed rules governing the calculation of the protection period.

In many cases, the duration is linked to the lifetime of the author and continues for a legally specified period after the author’s death. However, joint works, anonymous or pseudonymous works, works owned by legal entities, and other categories may be subject to special rules.

Therefore, the protection period should not be calculated using a single general rule. The type of work, publication date, and identity or legal status of the rights holder should first be determined.

Penalties for Copyright Infringement in Kuwait

Copyright infringement may give rise to legal liability depending on the nature of the violation and whether the relevant legal requirements are met.

Available remedies may include measures to stop the infringement, deal with unauthorized copies, and claim compensation for damage, in addition to penalties that may apply to certain forms of infringement.

The legal consequences will vary depending on the act committed, the evidence available, the nature of the liability, and the resulting damage.

Each case should therefore be assessed individually.

How Can You Protect Your Content from Copying or Theft?

The risk of intellectual property infringement can be reduced through several preventive measures, including:

• Keeping original copies of the work.

• Preserving files that show the date of creation.

• Documenting the development stages of the work.

• Using clear contracts with designers, writers, developers, and other contractors.

• Defining copyright ownership in employee and contractor agreements.

• Preparing clear licensing agreements.

• Keeping invoices and production agreements.

• Monitoring the use of content on websites and online platforms.

• Taking prompt legal action when unauthorized use is discovered.

These measures are particularly important for companies that continuously create articles, images, designs, software, videos, and marketing content.

Frequently Asked Questions About Copyright in Kuwait

What Does Copyright Mean?

Copyright refers to the legal rights associated with literary, artistic, and scientific works. These rights give the rights holder moral and economic control over the work in accordance with the law.

How Can I Object to a Copyright Claim in Kuwait?

The process usually begins by reviewing the legal basis of the claim, verifying ownership of the work, determining the scope of protection, and examining any contracts or licenses related to the work.

A legal response may then be prepared, or court action may be taken where necessary.

What Should I Do If Someone Steals My Content?

You should first document the infringement and preserve evidence proving ownership and the date of creation.

The next step may involve demanding that the use be stopped, requesting removal of the content, or taking legal action and claiming compensation depending on the circumstances.

Can I Use an Image from the Internet Without Permission?

The fact that an image is available online does not automatically mean that it may be used freely.

You should verify the rights holder, the license terms, and whether the intended use is legally permitted.

Does Giving Credit to the Author Allow Me to Copy Their Work?

Giving credit to the original author does not necessarily give you the right to reproduce or republish the work.

Permission or a license may still be required unless the intended use falls within a statutory exception.

How Long Does Copyright Protection Last in Kuwait?

The duration of copyright protection depends on the type of work, the identity of the rights holder, the method of publication, and other factors regulated by Law No. 75 of 2019.

The exact period should therefore be calculated according to the specific circumstances of the work.

Copyright and Intellectual Property Lawyer in Kuwait

Copyright disputes can become complex, particularly where they involve licensing agreements, websites, software, commercial content, or competing claims of ownership.

Ineqad Law Firm and Legal Consultancy provides legal services in intellectual property disputes, including reviewing copyright claims, examining licensing agreements, drafting legal correspondence, and taking appropriate legal action based on the circumstances of each case.

If one of your works has been copied, published, or exploited without permission, or if you have received a claim accusing you of copyright infringement, it is important to review the relevant facts and documents before making any admission or taking legal action.

Conclusion

Kuwaiti law provides a legal framework for the protection of copyright and related rights, granting authors both moral and economic rights while regulating the use and exploitation of protected works.

An objection to a copyright claim in Kuwait depends on several factors, including the identity of the rights holder, the nature of the work, the scope and duration of protection, the existence of any license or agreement, and the way in which the work was used.

When a dispute arises, the safest approach is to preserve all available evidence and documents before determining the most appropriate legal remedy.

Ineqad Law Firm and Legal Consultancy provides legal support in copyright, intellectual property, and commercial disputes, from reviewing the case and drafting agreements and legal claims to representation before the competent authorities and courts.

Disclaimer: This article provides general legal information only and does not constitute legal advice for any specific case.