ADCC 6/20

This case involved a claim brought against an individual for copying and distributing works without the author's permission. The appeal court stated the administrative failure of the author to deposit tapes with the necessary authority had removed their legal protection. This was judged to be an incorrect interpretation of the law.

Background

A claim was brought accusing an individual of copying and distributing works without the author's permission. The defendant denied the allegations. The court of first instance ordered the defendant to pay 5,000 AED as a fine. The court of appeal then cancelled the judgement and acquitted the defendant. The claimant appealed by cassation arguing that the defendant had been acquitted due to the author's failure to deposit the tapes with the appropriate administrative authority. The appeal court decided that this removed the legal protection under the Copyright Law.

Decision

At the Court of Cassation it was stated the appeal court had incorrectly interpreted the Copyright Law. This law clearly states that failure to deposit work at the competent administrative authority does not affect the legal protection offered under the Copyright Law. The appealed decision was reversed and the matter referred back to the appeal court to redetermine.