The Requirement of Originality in the Copyright Laws of the Arab Gulf States: Perspectives from Author’s Rights Jurisdictions

Abstract

Abstract Originality is crucial for the advancement of humanity, creativity and the development of knowledge and literature. No effective understanding of copyright law in any country would be complete without understanding the standard of ‘originality’ required to provide copyright protection. It is the only requirement that must be satisfied for any work to be protected in the copyright laws of the Arab Gulf States that adopt the droit d’auteur, or author’s rights system, and are mainly influenced by civil law. This article explains the different meanings of ‘originality’ and considers this important requirement in international intellectual property and copyright treaties and conventions, mainly the Berne Convention 1886, the Arab Copyright Treaty 1981, the TRIPS Agreement 1995, and the WCT 1996. It also discusses the ‘originality’ requirement in civil law and author’s rights jurisdictions in France and Germany. It provides an overview of the ‘creativity’ (originality) requirement in the copyright laws of Arab Gulf States and analyses the eight principles of ‘creativity’ in those countries. Finally, the article provides various suggestions and recommendations for legislators and policymakers in the Arab Gulf States to harmonise and reform their copyright legislations and the ‘originality’ requirement.