Civil Law And UAE Copyright Issues

1. Introduction

Copyright is an important branch of intellectual property law that protects original literary, artistic, musical, audiovisual, software and other creative works.

In the UAE, copyright disputes have a strong civil-law dimension because copyright ownership, contractual licensing, infringement, compensation, restitution and other remedies frequently involve general principles of obligations and civil liability in addition to the specialised copyright statute.

The principal modern legislation is Federal Decree-Law No. 38 of 2021 on Copyright and Neighbouring Rights, which replaced the earlier Federal Law No. 7 of 2002. The 2021 legislation covers copyright protection, neighbouring rights, economic and moral rights, licensing, infringement and enforcement. (UAE Legislation)

Copyright disputes in the UAE may concern:

authorship;

ownership;

employee-created works;

commissioned works;

software;

databases;

photographs;

music;

films;

advertising material;

websites;

digital content;

broadcasting;

online distribution;

copyright licences;

assignment of rights;

infringement;

unauthorised reproduction;

piracy;

damages; and

destruction or seizure of infringing copies.

The development of digital commerce has made copyright increasingly important because a single work can be reproduced and distributed worldwide almost instantaneously.

2. Constitutional Foundation

Copyright protection is fundamentally a federal matter.

Article 121 of the UAE Constitution places:

protection of intellectual, technical and industrial property rights, copyright, and printing and publishing rights

within the Federation's exclusive legislative jurisdiction. (UAE Legislation)

This explains why copyright is principally governed by federal legislation rather than by separate copyright statutes enacted independently by each emirate.

The courts of individual emirates, however, may adjudicate copyright disputes within their judicial structures, subject to jurisdictional rules.

3. Principal Copyright Legislation

The main contemporary legislation is:

Federal Decree-Law No. 38 of 2021 on Copyright and Neighbouring Rights.

The legislation protects a wide range of creative works and provides both civil and criminal mechanisms for enforcement.

It covers, among other things:

literary works;

artistic works;

musical works;

audiovisual works;

photographic works;

architectural works;

computer programs;

applications;

databases;

translations;

adaptations; and

other protected creative expressions.

The legislation also addresses technological protection and unauthorised downloading or storage of software, applications and databases. (UAE Legislation)

4. Copyright And Civil Law

Copyright law and general civil law operate together.

A copyright dispute may involve several different legal relationships.

For example:

Copyright relationship

The author claims:

“I own the copyright.”

Contractual relationship

The publisher claims:

“You granted me a licence.”

Civil liability relationship

The copyright owner claims:

“Your unauthorised use caused financial loss.”

Restitutionary relationship

The owner may claim:

“You obtained profits from the unlawful use of my work.”

Thus, a copyright dispute may simultaneously involve:

intellectual property + contract + civil liability + evidence + remedies.

5. Meaning Of Copyright

Copyright is a legal protection granted to qualifying creative works.

It generally protects the expression of an idea, rather than an abstract idea by itself.

For example:

the idea for a film may not itself constitute copyright;

the completed screenplay can be protected;

a general idea for software may not be protected as such;

the actual protected computer program can be protected.

This distinction is important because courts must determine whether the claimant is protecting an actual copyright work or merely an unprotected idea, concept or business method.

6. Authorship

A fundamental issue is:

Who created the work?

Under the earlier UAE copyright legislation, the author was generally understood as the natural person who created the work.

This distinction remains important under UAE copyright jurisprudence because:

authorship and ownership are not necessarily identical.

A person can create a work while economic rights may, under statutory rules or valid contractual arrangements, belong to another person or entity.

The 2026 DIFC judgment in Thamer Abdulaziz Albulaihid & Moustafa El Shafaei v Nasser Shehata & Others [2023] DIFC CFI 079 provides a particularly detailed discussion of this distinction under the former 2002 UAE copyright law. The Court held that authorship and initial ownership of economic rights are conceptually distinct and examined the statutory rules governing collective works. (DIFC Courts)

7. Economic Rights

Economic rights allow the copyright owner to control commercial exploitation of the work.

Depending upon the particular statutory provision and work involved, these rights may include control over:

reproduction;

publication;

distribution;

performance;

communication to the public;

broadcasting;

translation;

adaptation;

commercial exploitation; and

other forms of authorised use.

The basic civil-law principle is:

A third party generally cannot commercially exploit protected copyright material without the required legal authority.

8. Moral Rights

Copyright protection is not limited to money.

Moral rights protect the personal relationship between the creator and the work.

They may involve matters such as:

attribution;

recognition of authorship;

protection against certain forms of alteration;

protection of the author's relationship with the work.

This reflects an important civil-law characteristic of copyright:

the work has both an economic dimension and a personality dimension.

Consequently, a copyright dispute may continue even where economic compensation alone does not fully address the author's claim.

9. Copyright Ownership In Employment

One major UAE copyright issue concerns works created by employees.

Consider:

A software developer creates a program while working for a technology company.

The dispute may involve:

who is the author;

who owns economic rights;

what the employment contract provides;

whether the work qualifies as a collective work;

whether an assignment occurred;

whether the employee acted under the employer's direction; and

whether the work was created within the scope of employment.

UAE case law has considered factors such as:

existence of an employment relationship;

nature of employment;

degree of employer direction;

supervision and control;

provision of tools and resources; and

contractual assignment of rights.

These factors have been discussed in UAE judicial decisions including Federal Supreme Court Decision No. 51/2013, Federal Supreme Court Decision No. 377/2014, and Abu Dhabi Court of Cassation Decision No. 197/2015. (Taylor & Francis Online)

10. Case Law 1 — Federal Supreme Court Decision No. 51/2013

Federal Supreme Court, Decision No. 51/2013, 5 June 2013

This decision is cited in UAE copyright scholarship concerning copyright ownership and works produced in an employment or organisational context. It forms part of the UAE jurisprudence used to analyse the relationship between the individual creator, employment and economic copyright ownership. (Taylor & Francis Online)

Legal significance

The case illustrates that copyright ownership cannot always be resolved merely by asking:

“Who physically created the work?”

The court must consider the statutory framework governing:

authorship;

employment;

direction and supervision;

economic rights; and

ownership.

Principle

Creation and economic ownership can be legally distinct questions.

11. Case Law 2 — Federal Supreme Court Decision No. 377/2014

Federal Supreme Court, Decision No. 377/2014, 28 January 2015

This decision is another important UAE authority cited in discussions of employee-created works and copyright ownership.

The jurisprudence considers the relationship between:

the employee's creative contribution;

the employer's organisational role;

supervision;

resources;

the employment relationship; and

allocation of economic rights.

The decision is particularly relevant where an employer claims copyright in work created by an employee. (Taylor & Francis Online)

Principle

The court's inquiry is not necessarily limited to identifying the physical creator. The legal framework may require consideration of the circumstances under which the work was produced and the statutory allocation of economic rights.

12. Case Law 3 — Abu Dhabi Court of Cassation Decision No. 197/2015

Abu Dhabi Court of Cassation, Decision No. 197/2015, 9 February 2016

This decision is cited alongside Federal Supreme Court Decisions Nos. 51/2013 and 377/2014 in analysing employment-related copyright ownership. (Taylor & Francis Online)

Importance

It demonstrates the importance of examining:

the employment relationship;

the nature of the employee's duties;

employer control;

the circumstances of creation; and

contractual allocation of rights.

Practical lesson

Employers and employees should not rely exclusively on assumptions about copyright ownership.

A carefully drafted employment agreement should identify:

ownership;

permitted use;

assignment;

licensing;

moral-right issues;

post-employment use; and

confidentiality.

13. Collective Works

A collective work is particularly important in corporate environments.

A software platform, film, advertising campaign or large database may be created through contributions from many people.

The legal problem becomes:

Does each contributor individually own a separate copyright, or does the law allocate economic rights to the person directing and organising the collective work?

The UAE's former 2002 copyright law contained a specific collective-work regime.

The DIFC Court's recent Health Insights judgment examined this issue in considerable detail under the former law.

The Court held that the statutory distinction between:

authorship

and

economic ownership

was important.

It concluded that a collective work could vest economic rights in the directing entity even though individual natural persons remained the contributors/authors. (DIFC Courts)

14. Case Law 4 — Albulaihid & El Shafaei v Shehata & Others

Thamer Abdulaziz Albulaihid & Moustafa El Shafaei v Nasser Shehata, Health Insights FZ-LLC & Health Insights Asia (L) BHD [2023] DIFC CFI 079

This judgment was issued on 6 April 2026 after trial in 2025.

The dispute concerned the ownership of Medica CloudCare, a healthcare software system.

The Court determined that UAE law had the closest and most real connection to the copyright ownership questions. Because the relevant creation and initial ownership occurred before the 2021 Copyright Law came into force, the Court applied the former 2002 Copyright Law to the initial ownership questions. (DIFC Courts)

The Court concluded that Medica CloudCare qualified as a collective work and that economic rights initially vested in the entity that directed its creation. (DIFC Courts)

Major principles

The case demonstrates:

copyright is a statutory right;

authorship and ownership are distinct;

collective works can involve corporate ownership;

software can constitute copyright subject matter;

contractual and corporate evidence can be critical;

applicable law must be determined carefully where creation occurred over many years.

Importance

This is one of the most useful modern UAE-related decisions for software copyright ownership.

15. Derived Works

Copyright law also protects certain derived works.

Examples include:

translations;

adaptations;

arrangements;

revised software;

transformed artistic works.

A derivative work may receive protection without eliminating protection in the original work.

The Health Insights judgment explained that protection of a derived work and protection of the underlying work can operate simultaneously. It also stressed that describing something as a derived work does not automatically determine who owns the new copyright; ownership must be determined under the applicable statutory provisions. (DIFC Courts)

16. Software Copyright

Computer programs are particularly important in UAE copyright law.

Software disputes may concern:

source code;

object code;

applications;

software architecture;

databases;

user interfaces;

modifications;

updates;

copies;

licensing;

cloud systems.

The 2021 Copyright Law specifically contains provisions concerning software, software applications and databases, including restrictions on unauthorised downloading, storage and use. (UAE Legislation)

17. Case Law 5 — Business Software Alliance v National Engineering Company

Business Software Alliance v National Engineering Company — Dubai Court of Cassation

This older Dubai copyright dispute concerned allegations that a company had used multiple copies of software without authorisation.

The Dubai Court of Cassation ruled in favour of the defendant after considering the evidence, including technical material concerning the alleged software use. Contemporary reporting describes the case as an important UAE software-copyright dispute. (Gulf News)

Legal significance

The case demonstrates the importance of:

technical evidence;

proof of copying;

proof of unauthorised use;

evidentiary quality; and

expert analysis.

Principle

A copyright claim involving software cannot rest merely on an allegation that software was copied.

The claimant must establish the relevant facts through legally acceptable evidence.

This is especially important today because software disputes may involve:

cloud platforms;

source-code repositories;

virtual machines;

licence-management systems;

user logs; and

digital forensic evidence.

18. Copyright Infringement

Copyright infringement occurs when a person exercises a protected right without the required authorisation.

Examples include:

copying a book;

reproducing music;

distributing a film;

uploading protected material;

commercially exploiting photographs;

copying software;

distributing unauthorised applications;

reproducing artistic works;

making unauthorised adaptations.

The 2021 law provides specific enforcement and penalties, including measures directed against unlawful copying and technological protection circumvention. (UAE Legislation)

19. Digital Copyright Infringement

The internet creates special copyright problems.

A work can be:

created in Dubai → uploaded to a platform → copied in another country → distributed through another platform → monetised worldwide.

This creates questions concerning:

territoriality;

jurisdiction;

applicable law;

platform responsibility;

evidence;

damages;

takedown;

cross-border enforcement.

Digital distribution also makes it easier to calculate revenue generated from allegedly infringing use.

20. Case Law 6 — Miran v Motab

Miran v Motab [2023] DIFC SCT 213

This is an important UAE copyright-related case concerning digital music distribution.

The claimant owned artistic and musical content. The dispute concerned unauthorised distribution of that content through digital platforms.

The DIFC Small Claims Tribunal was concerned primarily with the financial consequences and quantum of the infringement, because copyright liability had already been determined by the Saudi courts. (DIFC Courts)

The Tribunal ordered payment of AED 14,223.99 representing revenue attributable to the infringing activity during the relevant period, together with the claimant's expert cost and court fees. (DIFC Courts)

Legal significance

The case illustrates the importance of:

digital distribution;

revenue tracing;

expert accounting;

copyright infringement profits;

cross-border judgments; and

digital-platform evidence.

Principle

Where copyright infringement generates identifiable revenue, financial records and expert evidence can be used to determine the monetary consequences of the infringement.

21. Case Law 7 — Dubai Video-Game Copyright Dispute

A significant Dubai copyright dispute concerning an American video-game company and a UAE publishing company was finally resolved at the Dubai Court of Cassation level in 2024.

The publisher had claimed approximately US$100 million and asserted ownership interests in aspects of the video game and its modes. The Dubai courts rejected the publisher's claim and upheld the gaming company's ownership position, with the publisher ordered to pay approximately AED 18.7 million. The dispute involved multiple jurisdictions and expert committees dealing with the intellectual-property issues. (Gulf News)

Legal significance

The case illustrates the complexity of modern copyright disputes involving:

video games;

updates and modifications;

licensing agreements;

ownership;

multiple jurisdictions;

technical experts; and

substantial damages claims.

Principle

Where a copyright dispute concerns complex digital products, courts may need detailed technical and contractual evidence to determine the scope and ownership of rights.

22. Licensing Of Copyright

Copyright may be commercially exploited through licences.

A licence may specify:

territory;

duration;

medium;

language;

exclusivity;

permitted distribution;

royalties;

sublicensing;

digital use;

modification;

termination.

A poorly drafted licence can generate disputes over whether a particular use was authorised.

For example:

A film producer receives rights to distribute a movie in cinemas.

The producer later places the movie on an international streaming platform.

The legal question may be:

Did the licence cover streaming?

Therefore, copyright disputes frequently become contractual interpretation disputes.

23. Assignment Of Copyright

Assignment is different from licensing.

Assignment

Ownership or specified economic rights are transferred.

Licence

Permission to use the work is granted while ownership remains with the copyright owner.

The distinction is extremely important in:

publishing;

film production;

advertising;

software development;

gaming;

music;

photography;

technology contracts.

The contract should clearly identify:

which rights are transferred;

whether the transfer is exclusive;

geographical scope;

duration;

consideration;

permitted media;

sublicensing rights; and

termination consequences.

24. Commissioned Works

Commissioned works create frequent disputes.

Examples include:

a company hires a photographer;

a business commissions a logo;

a client hires a software developer;

a producer commissions a film;

a marketing agency creates advertising material.

The person who paid for the work does not necessarily resolve every copyright question automatically.

The court may need to examine:

statutory rules;

contractual terms;

authorship;

assignment;

direction;

supervision;

purpose of creation; and

subsequent exploitation.

The safer commercial approach is to specify copyright ownership expressly in writing.

25. Copyright And Contracts

Copyright disputes often arise because contracts are incomplete.

A technology agreement may state:

“The developer shall provide the software.”

But it may fail to state:

who owns source code;

who owns modifications;

who owns future versions;

who owns documentation;

who owns databases;

whether sublicensing is permitted;

whether the client receives an exclusive licence.

This can create substantial litigation.

Therefore:

copyright protection + contractual drafting = essential risk management.

26. Copyright Infringement And Civil Liability

An infringement may also generate a civil-liability claim.

The claimant may need to establish:

existence of copyright;

ownership or standing;

protected subject matter;

unauthorised conduct;

causal connection;

economic or other legally recognised harm;

appropriate remedy.

The civil-law analysis may therefore resemble:

right → wrongful act → causation → damage → remedy.

27. Damages

Financial compensation may be sought where infringement causes loss.

Potential evidence can include:

lost sales;

lost licensing revenue;

infringer's profits;

market evidence;

royalty rates;

sales records;

digital platform records;

expert accounting reports.

The Miran v Motab litigation is a useful example of expert financial analysis being used to calculate revenue attributable to copyright-infringing digital distribution. (DIFC Courts)

28. Account Of Profits

An account of profits is conceptually different from ordinary compensation.

Damages

The focus is generally on the claimant's loss.

Account of profits

The focus is on profits attributable to the wrongful exploitation.

This distinction becomes particularly important in:

music;

online content;

software;

digital platforms;

publishing;

gaming.

The Miran case illustrates how financial information concerning digital distribution can be examined to determine revenue attributable to infringement. (DIFC Courts)

29. Injunctions And Preventive Relief

A copyright owner may seek measures designed to stop continuing infringement.

Examples include:

prohibiting further distribution;

preventing publication;

stopping unauthorised reproduction;

removing infringing material;

restraining commercial exploitation.

Preventive relief is particularly important where monetary damages alone would not adequately address continuing digital dissemination.

30. Seizure And Destruction Of Infringing Copies

The 2021 Copyright Law also provides enforcement mechanisms involving infringing copies and equipment used in infringement.

The law provides for confiscation and destruction of counterfeit copies in specified circumstances and permits other measures associated with copyright offences. (UAE Legislation)

This demonstrates that copyright protection is not limited to monetary compensation.

The objective may also be:

to remove the infringing material from circulation.

31. Copyright And Databases

Databases can raise difficult copyright questions.

A database may contain:

customer information;

financial information;

research;

market data;

business records.

The legal analysis may require distinguishing:

raw facts

from

original selection or arrangement of information.

The 2021 legislation expressly addresses databases and computer-related works. (UAE Legislation)

This is increasingly significant for UAE technology companies.

32. Copyright And Artificial Intelligence

AI creates new copyright questions.

Examples include:

AI-generated images;

AI-generated music;

AI-generated text;

training datasets;

AI-assisted software;

copyrighted material used as training data;

ownership of AI-generated outputs.

Important questions include:

Who is the author?

Was there sufficient human creativity?

Was protected material used without permission?

Who owns the resulting output?

Was a copyrighted database used for training?

Did the AI system reproduce protected expression?

UAE copyright law was originally designed around human authorship, making AI-related authorship and ownership an area requiring careful statutory and judicial development.

The distinction between human authorship and economic ownership discussed in UAE jurisprudence is particularly relevant to future AI disputes. (Taylor & Francis Online)

33. Copyright And Software Updates

A software product may be repeatedly modified.

For example:

Version 1 → Version 2 → Version 3 → AI-enhanced Version 4

Questions may arise concerning:

original copyright;

derivative works;

new authorship;

employee contributions;

contractor contributions;

ownership of updates;

licensing rights.

The Health Insights decision is useful because it considered software redevelopment and the relationship between an earlier software system and a later cloud-based system. (DIFC Courts)

34. Copyright And Video Games

Video games may contain several copyright components:

source code;

graphics;

music;

characters;

scripts;

animations;

audiovisual material;

game modes;

updates.

Consequently, ownership cannot always be determined by treating the entire game as one simple object.

The 2024 Dubai video-game litigation demonstrates the importance of contractual documents and technical evidence in determining rights in complex digital entertainment products. (Gulf News)

35. Copyright And Moral Rights In Corporate Projects

A company may own economic rights while individual creators retain legally protected personal interests.

This distinction can create disputes concerning:

attribution;

modification;

publication;

reputation;

alteration;

employee-created works.

Therefore, corporate ownership should not automatically be equated with elimination of the creator's moral interests.

36. Copyright And International Transactions

Copyright is territorial.

A work may involve:

UAE author;

French publisher;

American distributor;

Indian software developer;

UAE platform.

The court may have to determine:

applicable law;

jurisdiction;

ownership;

territorial scope of the licence;

recognition of foreign judgments;

enforcement.

The Health Insights litigation demonstrates how choice-of-law questions can become central when creation and development occur across multiple countries. The DIFC Court applied UAE law after determining that it had the closest and most real connection to the creation of the relevant software. (DIFC Courts)

37. Copyright And Evidence

Evidence is central to copyright disputes.

Useful evidence may include:

original manuscripts;

source code;

metadata;

employment contracts;

licensing agreements;

emails;

invoices;

registration records;

version histories;

server logs;

blockchain records;

expert reports.

For digital works, metadata and version histories can become especially important because they may establish:

creation date;

modification date;

identity of contributor;

ownership;

distribution;

access;

copying.

38. Copyright Registration

Copyright protection generally arises from the qualifying creation of the work rather than depending solely upon registration.

However, voluntary registration or other documentary records can be commercially useful because they may help establish:

identity;

date;

ownership;

chain of title;

evidence of creation.

Therefore:

Registration is not the same thing as creation of copyright.

It can nevertheless have significant evidentiary and commercial value.

39. Copyright And Online Platforms

Platforms create additional problems.

Examples include:

YouTube-type platforms;

music-streaming services;

social-media platforms;

e-commerce marketplaces;

cloud storage;

app stores.

Potential disputes include:

unauthorised uploads;

repeat infringement;

monetisation;

takedown requests;

licensing;

intermediary responsibility;

cross-border enforcement.

The Miran case demonstrates how digital platforms can become relevant to the financial consequences of copyright infringement. (DIFC Courts)

40. Copyright And Software Licensing

Software licensing is one of the most commercially important copyright areas.

A licence should ideally identify:

Failure to address these matters may result in expensive copyright litigation.

41. Copyright And Employee Departures

An employee may leave a company and start a competing business.

A dispute may arise if the former employee:

takes source code;

copies marketing material;

downloads databases;

reproduces photographs;

copies software;

uses confidential creative material.

The employer may then have several potential causes of action involving:

copyright;

confidentiality;

contract;

employment obligations;

trade secrets;

civil liability.

The precise claim depends upon the facts and applicable legislation.

42. Copyright And Moral/Economic Rights — Key Distinction

This distinction is essential when analysing UAE copyright disputes.

43. Seven Important Case Laws — Summary

The first three UAE decisions are identified in academic analysis of UAE copyright jurisprudence; that analysis specifically connects them with employment-related copyright ownership and factors such as employer direction, supervision, resources and contractual assignment. (Taylor & Francis Online)

44. Practical Copyright Problems In UAE Businesses

Businesses commonly face copyright risks involving:

1. Software

Using software without appropriate licences.

2. Marketing

Using photographs or music without permission.

3. Websites

Copying another company's website content.

4. Employees

Disputes concerning ownership of employee-created works.

5. Contractors

Failure to clarify ownership in development agreements.

6. Social media

Unauthorised use of photographs, music or video.

7. Advertising

Using third-party creative content without adequate rights.

8. AI

Using copyrighted content to generate new material.

9. Databases

Unauthorised reproduction or exploitation of protected database structures.

10. Gaming

Disputes concerning code, characters, modes, music and updates.

45. Best Contractual Practices

UAE companies should consider including specific clauses covering:

ownership;

assignment;

licensing;

territory;

duration;

exclusivity;

sublicensing;

derivative works;

software updates;

source code;

employee-created works;

contractor-created works;

AI-generated material;

third-party content;

warranties;

indemnities;

infringement responsibility;

termination;

post-termination rights; and

dispute resolution.

Clear drafting reduces uncertainty concerning copyright ownership.

46. Important Difference Between Ownership And Possession

Possession of a copy does not necessarily mean ownership of copyright.

For example:

A company purchases a photograph.

It may own the physical or digital copy.

That does not automatically mean it owns all copyright rights in the photograph.

Similarly:

A company purchases software.

It may receive a licence rather than ownership of the copyright.

This distinction is fundamental to civil-law analysis.

47. Copyright And Unjust Enrichment

Unauthorised exploitation may also create restitutionary questions.

Suppose:

A person uses another's protected work.

The user earns substantial revenue.

The copyright owner receives nothing.

The dispute may involve:

damages;

account of profits;

restitution;

disgorgement;

unjust enrichment principles;

contractual remedies.

Miran illustrates the practical importance of determining revenue attributable to unauthorised digital distribution. (DIFC Courts)

48. Copyright And Good Faith

Good faith may become relevant in contractual copyright relationships.

For example, parties may dispute:

whether a licence was exceeded;

whether rights were transferred;

whether a party concealed exploitation;

whether a party misrepresented ownership;

whether a termination was properly exercised.

The copyright statute determines the substantive intellectual-property rights, while general civil-law principles may assist in analysing associated contractual obligations.

49. Copyright And Limitation Of Liability

Contracts sometimes attempt to limit liability for infringement.

However, parties must distinguish between:

contractual allocation of commercial risk; and

statutory copyright rights.

A contractual provision cannot necessarily eliminate mandatory statutory protections.

Accordingly, a court may need to determine:

what rights exist under copyright legislation;

what rights were contractually licensed;

what limitations are legally enforceable;

whether mandatory law applies; and

what remedy is available.

50. Copyright And Cross-Border Digital Infringement

A UAE copyright owner may discover that its work has been copied:

in the UAE → uploaded abroad → distributed internationally.

The legal analysis may involve:

territorial copyright protection;

conflict of laws;

jurisdiction;

evidence;

foreign proceedings;

recognition of judgments;

cross-border enforcement.

This makes copyright increasingly connected with international private law.

51. Copyright And AI — Future Issues

Future UAE litigation may increasingly concern:

AI training

Was copyrighted material used to train the system?

AI output

Who owns the generated work?

Human contribution

How much human creativity is required?

Dataset ownership

Who owns the training dataset?

Software

Does AI-generated code infringe existing software?

Style imitation

Does an AI-generated work unlawfully reproduce protected expression?

Evidence

How can the court determine what data was used by an AI system?

These questions will require courts to combine:

copyright law + civil law + technology + evidence + contract law.

52. Overall Legal Framework

The UAE copyright dispute can be analysed through the following sequence:

Step 1 — Identify the work

What has allegedly been protected?

Step 2 — Establish originality/protection

Does the material fall within copyright protection?

Step 3 — Identify the author

Who created it?

Step 4 — Determine ownership

Who owns the relevant economic rights?

Step 5 — Examine contracts

Was there an assignment or licence?

Step 6 — Identify the alleged infringement

What act was performed without authority?

Step 7 — Establish evidence

What proves creation, ownership and infringement?

Step 8 — Establish loss or profits

What financial consequences resulted?

Step 9 — Select remedy

Possible remedies may include:

injunctions;

damages;

account of profits;

seizure;

destruction;

restoration;

other statutory remedies.

53. Conclusion

UAE copyright law represents an important intersection between civil law, intellectual property law, contract law and technological regulation.

The central issues are:

who created the work;

who owns the economic rights;

what moral rights exist;

whether an assignment or licence was granted;

whether infringement occurred;

whether the infringement caused loss;

whether profits were generated;

what evidence establishes the claim; and

what remedy should be granted.

The jurisprudence demonstrates that copyright disputes increasingly involve complex commercial and technological environments.

Federal Supreme Court Decisions Nos. 51/2013 and 377/2014 and Abu Dhabi Court of Cassation Decision No. 197/2015 illustrate the importance of employment, supervision, direction and contractual arrangements in determining copyright ownership. (Taylor & Francis Online)

Business Software Alliance v National Engineering Company demonstrates the importance of technical evidence in software-copying disputes. (Gulf News)

Albulaihid & El Shafaei v Shehata & Others provides a particularly detailed modern treatment of software authorship, collective works, derived works and initial economic ownership under UAE copyright law. (DIFC Courts)

Miran v Motab demonstrates how copyright infringement involving digital music can generate measurable financial claims based upon platform revenues and expert accounting. (DIFC Courts)

Finally, the 2024 Dubai video-game litigation illustrates the increasingly sophisticated nature of copyright disputes involving software, game content, contractual rights, technical evidence and multiple jurisdictions. (Gulf News)

The principal lesson is therefore:

UAE copyright law protects creative expression, but successful enforcement depends upon establishing authorship, ownership, contractual rights, infringement, evidence and legally recoverable consequences.

As creative activity becomes increasingly digital, copyright disputes in the UAE will increasingly involve software, AI, databases, online platforms, digital media, video games and cross-border exploitation, making the interaction between specialised copyright legislation and general civil-law principles increasingly important.