Federal Decree-Law No. 38 of 2021 on Copyrights and Neighbouring Rights
Legal Overview
Copyright protection in the United Arab Emirates is governed by Federal Decree-Law No. 38 of 2021 on Copyrights and Neighbouring Rights, which establishes the statutory legal framework regulating the protection of literary, artistic, and intellectual works within the State.
For a comprehensive overview of copyright protection and related legal matters in Dubai, see Copyright Law in Dubai .
The legislation provides legal protection for authors, creators, performers, producers of sound recordings, and broadcasting organizations and defines the rights granted to rights holders together with the legal remedies available in cases of copyright infringement.
Legal Framework
Federal Decree-Law No. 38 of 2021 forms the primary legislative framework governing copyright protection in the United Arab Emirates. The law regulates ownership of copyright, transfer and licensing of rights, protection of creative works, and the enforcement mechanisms available to rights holders.
For detailed legal explanations concerning copyright protection, authors’ rights, licensing arrangements, and infringement issues, see Copyright Law Legal Knowledge .
The law also recognizes neighbouring rights granted to performers, producers of sound recordings, and broadcasting organizations, thereby extending legal protection to parties involved in the production and dissemination of protected works.
Scope of Copyright Protection
The law protects a broad range of literary, artistic, and intellectual works capable of copyright protection. These may include literary writings, musical compositions, artistic works, audiovisual productions, computer programs, databases, architectural works, and other forms of creative expression that satisfy the legal requirements for protection.
Copyright protection generally arises automatically upon the creation of a qualifying work provided that the work demonstrates originality and intellectual creativity as required under the law.
Rights Granted to Authors
Federal Decree-Law No. 38 of 2021 recognizes both economic rights and moral rights belonging to authors and copyright holders.
Economic rights grant authors the exclusive authority to authorize or prohibit the reproduction, distribution, public performance, communication to the public, translation, adaptation, and other forms of exploitation of their works.
Moral rights protect the personal relationship between the author and the work, including the right to be recognized as the author and the right to object to distortion or modification of the work that may harm the author’s reputation.
Neighbouring Rights
In addition to authors’ rights, the law grants neighbouring rights to performers, producers of sound recordings, and broadcasting organizations. These rights provide legal protection against unauthorized reproduction, distribution, or communication of performances and recordings.
Key Legal Principles
The law establishes key principles governing copyright protection including recognition of copyright ownership, regulation of licensing and transfer of rights, and determination of the duration of copyright protection.
The duration of protection is generally linked to the lifetime of the author and continues for a statutory period following the author’s death, while certain categories of works may be subject to different protection periods as defined under the law.
Legal Enforcement and Protection
Violations of copyright protection may give rise to civil or criminal liability under UAE law. Rights holders may seek judicial remedies including injunctions, damages, confiscation of infringing materials, and other legal measures intended to prevent continued infringement.
Legal services relating to copyright protection, infringement disputes, and licensing matters may be accessed through Copyright Legal Services in Dubai .
Jurisdiction Anchor
Copyright rights arising under Federal Decree-Law No. 38 of 2021 are legally enforceable before the competent courts in Dubai and throughout the United Arab Emirates in accordance with the judicial procedures governing intellectual property disputes.
Related Legal Services
Legal matters arising under Federal Decree-Law No. 38 of 2021 may involve copyright protection, copyright infringement disputes, licensing of copyrighted works, and enforcement of authors’ rights in Dubai and throughout the United Arab Emirates.
Copyright Legal Services in Dubai
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UAE Commercial Transactions Law
Federal Decree-Law No. (50) of 2022
The UAE Commercial Transactions Law issued under Federal Decree-Law No. (50) of 2022 constitutes the principal legislative framework regulating commercial activity in the United Arab Emirates. It establishes the legal rules governing the nature of commercial acts, the status of merchants, the organization of commercial records, contractual and financial obligations, banking operations, and negotiable instruments, including cheques.
This framework does not merely define commercial concepts; it creates an integrated legal system designed to ensure stability in financial dealings and reinforce confidence in the investment environment.
Commercial Activity in General
The law sets out the foundational principles of commercial activity by defining which acts are considered commercial, regulating the legal status of those who carry them out, and imposing financial and organizational obligations that accurately reflect their economic position.
The governing principle is that any act performed by a merchant for the purposes of trade is deemed a commercial act. Acts undertaken with the intention of generating profit are likewise considered commercial, even if carried out by a non-merchant. An act may also acquire a commercial character where expressly designated by law or where it is connected to, preparatory to, or facilitating a primary commercial activity.
Commercial Acts
The law identifies activities that are commercial by their nature, including:
Purchase of movables for resale or lease
Banking and exchange operations
Activities relating to negotiable instruments
Maritime and air navigation
Construction, sale, lease, and maintenance of vessels and aircraft
Commercial company formation
Insurance contracts
Non-judicial auction sales
Hospitality, utilities, telecommunications, and logistics activities
Operations involving digital platforms and virtual assets
Certain activities become commercial when practiced professionally, such as brokerage, commercial agency, supply contracts, transportation, contracting works, industry, tourism services, and the operation of electronic platforms and applications.
Activities of a purely personal, agricultural, or individual creative nature are not considered commercial unless carried out as a professional enterprise.
The Merchant
A merchant is defined as any person who conducts commercial activities in their own name and for their own account as a profession. A company is also deemed a merchant when it undertakes commercial activity.
Certain entities—such as government bodies and regulated professional practitioners—do not acquire merchant status unless they engage in commercial activities within the meaning of the law.
Eligibility to conduct trade requires legal capacity. The law prohibits commercial practice by persons declared bankrupt without rehabilitation or those convicted of offenses affecting honesty and trust. Registration in the Commercial Register is a key legal requirement regulating commercial dealings.
Commercial Books and Records
Merchants are required to maintain commercial books reflecting their financial position, rights, and obligations with accuracy and transparency.
Mandatory records include:
The Daily Journal
The General Ledger
These records must be properly organized, free of alteration, and retained for at least five years. Commercial books carry evidentiary value before the courts and may be examined in disputes to establish legal and financial positions.
Commercial Obligations and Contracts
The law regulates financial obligations arising from commercial transactions and requires that such obligations be clearly defined and determinable in amount.
It prohibits increasing an obligation solely in exchange for deferring payment, rendering any contrary agreement void. The promise to contract is treated as a binding commitment upon the promisor, giving rise to compensation where unjustifiably withdrawn.
Banking Operations
The legal framework governs relationships between financial institutions and clients, regulating deposits, accounts, loans, and credit facilities.
Bank Deposits
A monetary deposit constitutes a contract whereby the bank undertakes to return an equivalent amount upon demand or under agreed conditions. The deposit is considered a debt owed by the bank, and legal set-off may occur between the account balance and obligations due to the bank.
Accounts and Transfers
Accounting entries regulate the legal relationship between bank and client, with the final balance determining the creditor-debtor position of the parties.
Loans and Credit Facilities
A banking loan obliges the bank to provide funds or credit to the borrower under agreed conditions, while the borrower must repay the principal and agreed charges within specified periods, supported by adequate guarantees.
Negotiable Instruments
The law regulates commercial instruments as tools of credit, circulation, and payment, establishing the legal structure governing their issuance, transfer, and enforcement.
Bill of Exchange
Rules govern endorsement, maturity, payment, recourse upon non-payment, and limitation periods. The drawer must ensure the availability of funds with the drawee, and signatories bear joint liability toward the holder.
Promissory Note
A promissory note contains an unconditional undertaking to pay a specified sum and is subject, where appropriate, to provisions applicable to bills of exchange.
Cheque
A cheque is an instrument ordering a bank to pay a specified amount to the beneficiary or bearer and is payable upon presentation. It must be supported by sufficient funds at issuance, and endorsers remain jointly liable to the lawful holder. The law also regulates limitation periods and enforcement procedures to maintain certainty and speed in commercial circulation.
Jurisdictional Application
This legislation applies across the United Arab Emirates, including Dubai, in regulating commercial activities, financial transactions, and the legal relationships arising from trade.
Relationship to Legal Representation
For legal representation in matters arising under this law, visit our
Commercial Law Services in Dubai page:
/commercial-law-dubai