Copyright in Saudi Arabia: How to Protect Your Content and Creative Works

In Saudi Arabia, copyright protection arises automatically as soon as an original work is created, whether it is an article, a photo, a design, a video or a computer program, without any registration requirement. To protect your content in practice, keep evidence of when you created it and that you own it, set out your rights in contracts, and act quickly when you discover copying or unauthorised exploitation, with the help of the Saudi Authority for Intellectual Property (SAIP) as the competent authority.

Which Works Are Protected by Copyright?

Protection covers original works in literature, art and science, whatever their form of expression, significance or purpose, including:

• Articles, books and written content on websites and social media.
• Photographs, drawings and graphic designs.
• Video and audio clips and musical works.
• Computer programs.
• Lectures, training courses and educational materials.

It is the expression of an idea that is protected, not the bare idea itself: no one can monopolise a business idea or a general style, only its original wording and execution. A work must also show a degree of originality and personal creativity. Raw data or general facts are not protected in themselves, although selecting and arranging them in an original way may attract protection.

What Rights Does the Law Give Authors?

Moral Rights

These are tied to the author personally and include the right to be credited as the author of the work and to object to any distortion or mutilation of it. They are inherent to the author and, as a general rule, do not pass with an assignment of the economic rights.

Economic Rights

These include the right to exploit the work financially, such as reproducing, publishing, translating, distributing and making it available to the public online. The author may assign or license these rights, in whole or in part, by written contract.

Protection lasts for a period set by law, which for most works extends beyond the author's death, with periods varying according to the type of work. The law can be consulted on the official laws platform.

Do I Need to Register My Content to Protect It?

Registration is not a condition for protection to arise, but proof is the real challenge in a dispute. It is therefore advisable to:

1. Keep the original files and drafts with their dates.
2. Save dated copies of the first publication, such as post links and screenshots.
3. Use any optional deposit or documentation services that the competent authorities may offer, after checking them on SAIP's platform.
4. Add a copyright notice or watermark to visual content.

Who Owns Content Produced by an Employee or a Freelancer?

This is one of the most common sources of dispute. The starting point is that the rights belong to the author, but the outcome may differ depending on the nature of the relationship and what the parties agree. So:

• Include a clear clause in employment contracts on ownership of what the employee produces in the course of their work.
• Require freelancers and creative agencies to give an express assignment to you of the economic rights in the content they produce.
• Define the permitted scope of use if the arrangement is a licence rather than an assignment.

What Should I Do if My Content Is Copied Without Permission?

1. Document the infringement with dated screenshots and links.
2. Contact the person who copied it, or send them a warning letter requiring them to remove the content or credit it to you.
3. Use the copyright infringement reporting mechanisms on digital platforms.
4. File a complaint with the Saudi Authority for Intellectual Property, or take appropriate legal action to claim compensation.

How Can Content Creators Protect Their Work Online?

Content creators, online course providers and photographers are the most exposed to copying. Useful practices include:

• Publishing low-resolution versions of photos and designs while keeping the high-resolution originals.
• Setting clear terms of use on your website or store stating what is and is not permitted.
• Granting written licences with a defined scope when selling content to clients, rather than a full assignment.
• Registering the name of your channel or platform as a trademark: the trademark protects the identity, while copyright protects the content itself.

Is Every Use of Someone Else's Content an Infringement?

The law provides specific exceptions that allow works to be used within certain limits without permission, such as quotation with attribution for legitimate purposes like criticism and education. These exceptions are subject to conditions and do not permit full copying or commercial exploitation without permission.

Frequently Asked Questions

Q: Can I register my content as a trademark instead of relying on copyright? A: Each serves a different purpose: a trademark protects what distinguishes your products and services, such as your name and logo, while copyright protects the creative work. Your business may need both.

Q: Does posting content on social media mean I lose my rights? A: No, publication does not extinguish copyright, but check the platform's terms to see what licences you grant it when you post.

How Can We Help?

FATIMA AL ASMARI Law & Intellectual Property Company in Jeddah provides copyright advice, drafts assignment and licence agreements, and handles infringement cases for clients in all regions of the Kingdom. Visit our intellectual property page or book a consultation.

Legal sources

This article is for general awareness and is not legal advice.