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BUSS 1004 Business Law

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BUSS 1004 Business Law

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Course Code: BUSS1004
University: Middle East College

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Country: Oman

Question:
Describe the copyright piracy in UAE and Explain how the law apply?
Answer:

Introduction
The copyright law in UAE is said to be very different from the other countries. The people have the wrong assumption about the laws of copyright piracy in UAE and deem to be similar to the common law. UAE is a civil law jurisdiction that has been highly influenced by French law and Islamic law. Therefore, the laws of copyright in UAE have been fundamentally diversified. In this report, the laws of copyrights on the piracy in UAE will be discussed and how these laws apply will be discussed.
Issue
The digital age providing us many benefits on daily basis we can share information globally with only a click of a button but unfortunately often the information which has been providing us is obtained by pirates. Pirates here not referring to any man on ships and loot other ships treasure .pirates are in fact another team of people who are distributing illegal information and material ranging from computer software to moves. Without any authorization or licenses and sharing the material without the consent of the author government around the world collaborating via the services of international organizations. Such as world intellectual property organization to combat piracy and to solve the problem of illegal copyright (Price & AlDebasi, 2017).
Protection
Many times the question arises why piracy is illegal anyway especially when pirated content is reaching a wider spectrum of audience otherwise unable to enjoy it.  However, people fail to realize behind these multibillionaire industries original author are the ones who are getting damage the most through the real publishers loses the chance of gaining profit. The greater impact was on the real author who actually depends on the sales of the work. This is an example of the negative connotation that piracy entails .this creates problems for the artists, programmer who are actually living out of their work (Verdoodt & Lievens, 2016).
Enforcement
Intellectual property rights are being taken more seriously in the UAE and if any violation then it will be subject to legal action in the law of the court. The pirates have been penalized for their criminal offence. The local authorities put their best efforts to protect their rights whether it is multibillionaire or small underground artists (Ali Alhmoudi, et al, 2015).
Law Govern Copyright
UAE Federal law of copyright 2002 governs the copyright issues in UAE. In UAE who infringes the laws may face severe punishment or it can also lead to deportation of expats. In a recent case, one individual had been punished because of distributing for promoting the unauthorised decoders that is used for internet protocol television. The court has given its judgement in pursuance of Article 38 of UAE federal law of copyright 2002 (Altayar, 2017).
Application
Article 38 states that if an individual does any acts without the prior permission of the author as mentioned above will be liable for the punishments. The person can be detained for a minimum of three months and imposition of fine that must be not less than 50000 and should not be more than 5,00,000 (Verdoodt, & Lievens, 2016).
Moreover, in article 121 that states that if any foreigner would have been punished for a felony or misdemeanour than the court can order for the deportation of the person from the state. The person who infringed that shall be based on article 34 and 42 is the federal combating cybercrimes (Al Sakkaf & Baker, 2018).  It has been stated in Article 34 that if any person have been benefitted from the third part communication such as visual or audio transmission should be deemed as unlawful. The individual can be punished with imprisonment that not been less than one year and the penalty will not be less than 2,50,000 and will not exceed 1,000,000 (Taylor, 2017).
Conclusion
In conclusion, it can be said that UAE has a different way of dealing with the law abiders and do copyright piracy. There are many strict laws that to punish the pirates. It can be said that the many Act has been enacted for the safety of the copyrights and been punished under various laws if anyone does piracy.  
References
Al Sakkaf, F., & Baker, S. (2018). Civil and Criminal Effects of Non-Competition Condition in UAE Labor Law. Ct. Uncourt, 5, 9.
Ali Alhmoudi, O., Jones, R. J., Tay, G. K., Alsafar, H., & Hadi, S. (2015). Population genetics data for 21 autosomal STR loci for United Arab Emirates (UAE) population using next generation multiplex STR kit. Forensic Science International: Genetics, 19, 190-191.
Altayar, M. S. (2017). A comparative study of anti-cybercrime laws in the Gulf Cooperation Council countries. In Anti-Cyber Crimes (ICACC), 2017 2nd International Conference on (pp. 148-153). IEEE.
Price, D., & AlDebasi, A. (2017). TRIPS and copyright and the nature of compliance in the Arabian Peninsula. In Protecting Intellectual Property in the Arabian Peninsula (pp. 97-131). Routledge.
Tabsh, S. W., El-Kadi, H. A., & Abdelfatah, A. S. (2016). Engineering students’ perception of academic dishonesty at an American university in the UAE. In Global Engineering Education Conference (EDUCON), 2016 IEEE (pp. 729-732).IEEE
Taylor, Q. C. (2017). The Confluence of Civil and Common Law (and the Influence of the Shari’a) in Middle East Construction Arbitrations. BCDR International Arbitration Review, 4(1), 217-243.
Verdoodt, V., & Lievens, E. (2016). Children’s digital rights and self-regulation: In harmony or out of tune?. In BILETA.

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