Copyright and related rights in Egypt

The law relating to copyright and related rights goes back to 2002 (Law n°82/2002 on intellectual property whose chapter III deals with copyright and related rights). Egypt is party to the Berne Convention (Paris Act, 1971), to the WIPO Convention, to the Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms and to the TRIPS Agreement. There is in Egypt a collective management body, the Society of Authors, Composers and Publishers of the Arab Republic of Egypt (SACERAU).

1. INTERNATIONAL INSTRUMENTS

Egypt is bound by the following instruments :

  • Berne Convention (on literary and artistic works) since June 1977
  • WIPO Convention, since April 1975.
  • Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, since April 1978
  • TRIPS Agreement, since January 1995

2. NATIONAL LEGISLATION:

  • Law n°82/2002 on intellectual property - Book III

National law regulation of cinematographic and audiovisual works

Right holders:
  • authors (director, scenario-writer, adapter, dialogue writer, composer of the music especially made for the film, author of existing adapted works);
  • performers;
  • broadcasters.
Protected rights:
  • Authors’ rights :
    • economic rights: Any form of work exploitation and particularly: reproduction right; right of adaptation and translation; distribution right; rental and lending right;public performance right; broadcasting right; right of communication to the public, right of making available to the public
    • moral rights: right to claim authorship; right to object modification, right of disclosure, only with judicial authorisation: right of withdrawal.
  • Performers’ rights:
    • economic rights: Any form of work exploitation and particularly: right of: communication to the public; broadcasting right; fixation and reproduction right; rental and lending right; right of making available to the public. These provisions do not apply to the fixation of performances included in an audiovisual fixation, unless otherwise agreed. Unless otherwise agreed, performers are granted only a remuneration right for direct or indirect use of programmes published for commercial purposes of broadcasting or communication to the public.
    • moral rights: right to claim authorship; right to object modification.
  • Broadcasters' rights:
    • economic rights: Any form of exploitation of the performance and particularly : right to authorise the communication to the public of their broadcasts by all means, the fixation and the re-broadcasting as well as the reproduction, sale and rental of fixations of their broadcasts. Unless otherwise agreed, broadcasters are granted a remuneration right only for direct or indirect use of programmes published for commercial purposes of broadcasting or communication to the public.
Assignability of rights:
  • Authors’ rights:
    • economic rights: assignable inter vivos and mortis causae
    • moral rights: nnot transferable inter vivos; transferable mortis causae by application of the law
  • performers' rights:
    • economic rights: assignable inter vivos and mortis causae
    • moral rights: not transferable inter vivos; transferable mortis causae by application of the law
  • broadcasters' rights:
    • economic rights: transferable
Existence of a presumtion of assignment of rights to the producer:

no.

Duration of rights:
  • Authors’ rights:
    • economic rights: 50 years after the last coauthor death.
    • moral rights: perpetual
  • performers' rights:
    • economic rights: 550 years after fixation of performance, and failing fixation, 50 years after performance.
    • moral rights: perpetual
  • broadcasters' rights: 20 years after broadcasting year.
Remuneration for private copying:

no.

Infringements of rights punished by law:
  • any infringement of rights protected by law (economic and moral rights)
  • counterfeiting
  • import or export of infringing copies
  • putting into circulation, sale, lease of infringing copies
  • unlawful disclosure
  • actions in bad faith against technical protection devices
  • manufacturing, importing for sale or rental of any element designed for the purpose of enabling the circumvention of technological protection measures.
Proceedings and penalties:
  • summary proceedings
  • civil and penal actions
  • imprisonment for at least 1 month (3 months at least in case of recidivism)
  • fines
  • seizure
  • drawing up of a detailed description of work, performance or broadcast
  • suspension of production, exhibition, publication or reproduction of the work, performance or broadcast
  • seizure of receipts of unlawful exploitation
  • seizure or destruction of infringing objects and materials used for their production
  • closure of establishment for no longer than 6 months
  • allocation of damages (material and moral prejudice)
  • publication of the judgment

3. COMPETENT MINISTRY:

Ministry of Culture
2, Shagaret El Dor Street
Zamalek
Cairo
Tel.: (20.2) 736.55.68
Fax:

Permanent Office for the Protection of Copyright
Supreme Council for Culture
1, rue El Gabalaia Street
El Gezira
Cairo
Tel.: (20.2) 735.23.96
Fax: (20.2) 735.80.84
E-mail : egyptcouncil@yahoo.com

4. COLLECTIVE MANAGEMENT OF RIGHTS

Society of Authors, Composers and Publishers of the Arab Republic of Egypt
10, Elfi Bey Street
Cairo
Egypt
Tel : (202) 574.38.35 / 574.39.66
Fax : (202) 574.02.65

The Society of Authors, Composers and Publishers of the Arab Republic of Egypt is a multi-disciplinary collective management body. It manages the interests of various foreign collective management bodies on the Egyptian territory.

5. USEFUL LINKS

Law text in Arab language: www.arabpip.org

International conventions: www.ompi.org, www.wto.org

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