Egypt

Wed, 20/01/2010 - 11:10 — AWAD

Legal background

Copyright legislation	Intellectual Property Rights Law 82 of 2002 ("IPR") From http://www.wipo.int/clea/en/details.jsp?id=1301
Other relevant laws	The Consumer Protection Law ("CPL") From http://www.cpa.gov.eg/english/legislations_rules.htm
	Executive Regulation of Book Three ("ER")
Copyright treaties	Berne Convention	Rome Convention	Berne Appendix	TRIPS	WCT	WPPT
Other relevant treaties	Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms From http://www.wipo.int/treaties/en/ip/phonograms/trtdocs_wo023.html

Scope and duration of copyright

Is the period of protection of each type of copyright work limited to the minimum duration mandated by the Berne Convention?	YES	IPR Articles 160, 161,162, 163, 164, 166, 167 and 168
Must a work be fixed in some material form before copyright attaches?	YES Fixation of the work is not required explicitly in the law but it is inferred from the definition of "works" in article 138 in the law which states that it is "any created literary, artistic or scientific product, whatever its type, mode of expression, significance or purpose of its creation". However, the law requires recording some works such as lectures, speeches, sermons and any other oral works in order to be protected. Moreover, some works by their nature requires fixation such as computer programs and databases.	IPR Articles 138, 140 and 149
Is the exercise of copyright subject to competition law, for example by compulsory licensing or regulation of royalties in the case of copyright holders who misuse their monopoly power?	NO There are no special provisions related to copyright that deal with competition and misuse of power. However, the patent provisions at the same law include provision for compulsory licensing in cases of abuse, non-exploitation and anti-competitive practices	IPR Article 23.5
Is the exercise of copyright subject to compliance with a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech?	NO There are a number of human rights and freedoms mentioned in Egypt's constitution such as the right to education and freedom of speech and expression however the interface between them and copyrights is missing.	Constitution - Articles 16, 20 and 47
Does the compilation of a database of non-original material fall outside the scope of copyright?	NO Databases are protected in general even if the compilation is for non-original material provided that the selection of such material is creative by virtue of its arrangement or any other personal effort deserving protection.	IPR Article 140, ER Article 1
Do exceptions and limitations in national copyright law prevail over contracts purporting to limit or override them?	NO Egypt is a civil law country where contracts are governed by the pacta sunt servanda rule. Copyright holders are not allowed to prevent the application of exceptions and limitations that are carried out by third parties only and not contracting parties.	IPR Article 171

Freedoms to access and use

By Home Users	Is there a general exception for the fair use of copyright material for any purpose that satisfies a set of balancing criteria?	NO
	Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)?	LIMITED A single copy from the original software is allowed as a backup to the legitimate owner in case of damage. However, reproducing or copying of all or a substantial part of the notes of a musical work is not allowed even for personal use.	IPR Articles 171 (2) and 171 (3)
	Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes?	LIMITED The law allows making a single copy of the work for exclusive personal use, provided that such a copy shall not hamper the normal exploitation of the work nor cause undue prejudice to the legitimate interests of the author or copyright holders. The following acts are not allowed without authorization: reproducing or copying of all or a substantial part of the notes of a musical works; or a database. Making a single copy or an adaptation of a computer program to replace a lost, destroyed or invalid original copy is permissible.	IPR Article 171 sections (2) and (3)
	Can works be communicated to a limited public (for example, family and friends) without infringing copyright?	YES Performance of the work is allowed within family context or student gathering within an educational institution provided that no direct or indirect financial remuneration is obtained.	IPR Article 171(1)
	Does a collective licensing scheme permit the copying or sharing of copyright material by consumers in exchange for a media or equipment levy?	NO The law allows reproducing a single copy of the work only for the user's exclusive personal use. Moreover, the law provides broad economic rights for copyright holders that includes prevent renting or lending the protected work without obtaining their prior authorization.	IPR Articles 171(2) and 147
For Education	Is reproduction permitted for the purposes of research or study?	YES	IPR - Article 171(2) (6) (7) (8 - a)
	Does any such research and study provision cover distance and online education?	NO The law does not mention distance and online education however some Egyptian scholars suggest that exceptions and limitations are generally drafted and accordingly they can be applicable to this type of learning.
	May translations of works be made for educational purposes?	YES The Egyptian IP law contains two kinds of exceptions related to translations. The first exception is a compulsory licence for translating protected works for educational purposes (Article 170). Interested persons need to apply to the competent ministry and have to respect some conditions which have been discussed earlier. The second exception related to translations (Article 148) concerns translations of foreign works that have not been translated into Arabic within three years after the first publication of the work. No permission from the competent ministry is required for such translation	IPR - Article 170
	May works be reproduced and published by educational institutions in connection with systematic instructional activities?	LIMITED The law allows the reproduction of an article or a short work for teaching purposes within educational institutes provided that it is made once or at different separate occasions and the name of the author and the title of the work are mentioned on each copy.	IPR - Articles (171(7))
Online	Is hyperlinking to a Web site allowed without permission of the site's owner?	YES The law does not cover hyperlinking among the rights of copyright holders, therefore it can be inferred as permissible.
	Are temporary or transient copies, incidental to a lawful use, excepted from copyright?	YES Ephemeral reproduction of a work is permitted where such reproduction is made in relay, during a digital transmission of the work or in the course of a process of reception of a digitally stored work within the normal operation of the device used by an authorized person.	IPR - Article 171(9).
	Are ISPs protected from liability for infringements by third parties, because the law either does not impose liability upon intermediaries or limits their liability in certain circumstances?	YES The law does not provide any provisions that protect from or impose liability upon ISPs or intermediaries with regards to infringements by third parties.
	Do ISPs provide Internet access without conducting filtering or monitoring for potential copyright-infringing material?	YES There is no obligation on the ISPs in the law.
	Are the names and personal information of customers who are alleged to have engaged in copyright-infringing behaviour protected from disclosure by their ISPs?	NO
By content creators	Can copyright works be non-commercially remixed or mashed up into new works?	NO
	May computer software be reverse engineered for the purpose of creating interoperable software?	NO The law does not provide explicit provision regarding interoperable software.
	Is the incidental inclusion of a work in other material permitted?	NO
	Is there are copyright exception for parody or satire?	YES The IPRs law does not include explicitly parodies or satires as an exception however they are generally considered by Egyptian copyrights scholars as a form or exceptions, i.e. works that do not require obtaining the prior authorization of the original work.
	Do creators who license their work retain the moral right of attribution?	YES Moral rights under the Egyptian law are perpetual and inalienable including the right to claim authorship.	IPR Articles 143 and 155
By the press	Is there a copyright exception for the news of the day?	YES	IPR - Article 141 (2)
	May copyright material be reproduced for the purposes of review and criticism?	YES	IPR Article 171 (4)
	May political speeches, speeches in judicial proceedings and/or other public speeches be used for any purpose?	LIMITED The law allows only newspapers, periodicals or broadcasting organizations, inasmuch as justified by their aims to publish speeches, lectures, opinions or statements delivered in public sessions of the parliament, legislative or administrative bodies or scientific, literary, artistic, political, social or religious meetings, including statements delivered during public court proceedings. However, the author or his successor shall only have the right to make collections of such works, for which he shall be entitled to claim authorship.	IPR Article 172 (2)
	May quotations be used for any purpose?	NO The law restricts quotations for the purpose of criticism, discussion or information.	IPR Article 171 (4)
By Libraries	May libraries copy works that cannot reasonably be obtained commercially?	NO
	May libraries copy works for users for the purpose of research or study?	YES	IPR Article 171 (8)
	Are libraries allowed to make preservation or archive copies of materials in their collections?	YES	IPR Article 171 (8)
	In making permitted copies, are libraries entitled to circumvent technological protection mechanisms (TPMs)?	NO
By disabled users	Is it permissible to copy or adapt work for the use of those with disabilities?	NO The law does not provide any specific rule addressing people with disabilities. Some Egyptian scholars suggest that exceptions and limitations can be applied to disabled people provided that they are for the disabled exclusive personal use or for educational and teaching purposes.
In public affairs	Are laws excluded from copyright?	YES	IPR Article 141 (1)
	Are other governmental works excluded from copyright?	YES Generally official documents, whatever their source or target language, such as laws, regulations, resolutions and decisions, international conventions, court decisions, award of arbitrators and decisions of administrative committees having judicial competence are all excluded from copyright protection.	IPR Article 141 (1)
	Is there a copyright exception for use of material in judicial proceedings?	YES The law allows anyone to reproduce from protected works for use in judicial or administrative proceedings.	IPR Articles 171 (5)
	Are the results of publicly funded research required to be published under an open access license?	NO

Freedoms to share and transfer

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual?	Copyrights infringements are sanctioned by imprisonment for a period not less than one month and a fine of not less than 5,000 pounds and not more than 10,000 pounds, or any of those sanctions. Sanctions can be multiplied according to the number of infringed works, sound recordings, broadcast programs or performances. In case of repetition, the punishment shall consist of imprisonment for a period of not less than three months and a fine of not less than 10,000 pounds and not more than 50,000 pounds.	IPR Article 181
What is the maximum penalty for copyright infringement for a corporation?	The same previous penalties are applied to corporations. In case of conviction, the court may order the closure of the "establishment" used by the convicted person to commit his/her infringement, for a period of not more than six months. In case of repetition, the closure shall be mandatory. However, if it is proved that the legal representative the corporation committed any copyright infringement then imprisonment penalties can be applied.	IPR Article 181
Do the penalties for copyright infringement distinguish between personal versus (large-scale) commercial use, other than at the discretion of a judge?	NO The penalty is the same for commercial or personal infringement. The difference could be noted in the practice of courts as commercial scale infringement is penalized more heavily by judges.	IPR Article 181
Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for purposes that would not infringe copyright?	NO The law forbids manufacturing, assembling or importing any device or tool or any technology that aims to circumvent any technological protection measures used by the copyright holder.	IPR Article 181 (5)
Is the use of such devices by consumers permitted for any purpose that would not infringe copyright?	LIMITED The law prohibit the use of the device in removing, neutralizing or disabling, in bad faith, any TPMs used by the copyright holder.	IPR Article 181 (6)
Does national copyright or consumer protection law require disclosure to consumers of the existence of TPMs and any potential limitations on the use of TPM-protected material?	NO The law does not include any provisions related to disclosure of existing TPMs.
Are the operations of copyright collectives subject to public oversight?	NO The law does not include any provisions related to copyright collectives.
Are ISPs independent of copyright owners, to the extent that no law or industry code of conduct requires them to notify their users who are alleged to have committed a copyright infringement online?	NO
Are criminal sanctions limited to cases of large-scale commercial counterfeiting?	NO The penalty is the same for commercial or personal infringement. The difference could be noted in the practice of courts as commercial scale infringement is penalized more heavily by judges.	IPR Article 181
Are damages for copyright infringement based on the loss sustained, rather than by a pre-established or statutory damages award?	NO Egypt's intellectual property rights law sets the minimum and maximum amounts of fines for copyrights infringements. However, applying general rules of the Egyptian legal system allows a copyrights claimant, apart from being entitled to fines, to file a compensation claim before civil courts or criminal courts to claim compensation on the basis of loss sustained from the copyrights infringement.
Is there provision to penalise the wrongful allegation of copyright infringement?	NO There is nothing regarding this matter within intellectual property rights law. However, general rules within Egypt's legal system allows the defendant in a wrongful allegation of copyright infringement to seek compensation for any financial or moral losses.

Conclusions

Copyright in Egypt is regulated by book three of the intellectual property rights law number 82 for the year 2002 which contains different limitations and exceptions both to the benefit and the harm of access to knowledge.

Translation into Arabic language exception and the use of protected works for educational purposes are among the few provisions that are guided by the need to increase access to knowledge.

On the other hand, there are some restrictive provisions that negatively affect the balance between the interests of copyrights owners and the consumer’s rights. The prohibition of the circumvention of technical protection measures is one of the most troubling provisions. Although Egypt is not a member in WIPOⁱ Copyrights Treaty yet it has adopted the highest standards of anti-circumvention provisions as the IPRs law does not include any exceptions for their application. Moreover, the law contains restrictive provisions that are not required by international copyrights agreements such as requiring obtaining licenses from the ministry of culture and paying fees in order to be able to commercially exploit materials that are already in the public domainⁱ.Those restrictive provisions do not indicate the legislatures' full awareness of the importance of facilitating access to knowledge in Egypt as a developing country.

In practice, most of access to knowledge stakeholders such as students, libraries and archives and researchers are not fully aware of the existence of those exceptions and limitations as copyright infringement and unpunished violations remain the main channel for A2Kⁱ. (African Copyrights and Access to Knowledge Report: Egypt http://www.aca2k.org/attachments/154_ACA2K%20EGYPT%202009%20CR%20WEB-011209.pdf)

They are not also aware of the other alternatives such as open source and open accessⁱ licensing.

The Egyptian copyright law need for legislative reform to allow better access to knowledge and take into consideration consumer rights by extending copyright exceptions and limitations to the digital environment and by adopting specific provisions for people with disabilities.In addition, more efforts is needed to increase the public's awareness of access to knowledge goals, objectives and tools.

This work is licensed under a Attribution Share Alike Creative Commons license

May copyright works be freely offered for commercial rental?	LIMITED According to the law the copyright holder enjoys the right to prevent any form of renting or lending his/her work. However, the exclusive right for computer program rentals shall only apply to the main rental enterprise; it shall not apply to renting audiovisual works inasmuch as the circulation of such copies does not cause material prejudice to the owner of the exclusive right in question.	IPR Article 147
Does the law permit a work to be released to the public domain before the copyright term expires, without any formality other than an overt act of relinquishment?	NO The law does not make any reference to dedicating works to public domain, however, it is most likely that a copyright holder who wishes to dedicate his/her work to the public domain will have to announce that and seize following any copyright infringement activities. In all cases the dedicated work will be attributed to the author since moral rights are perpetual imprescriptible and inalienable.
Are orphaned works treated differently in the law to other copyright works, for example by allowing them to be compulsorily licenced, limiting remedies, or by releasing them into the public domain?	NO They are not protected by the IPR law.
Is parallel importation permitted?	YES The copyright holder right to prevent third parties from importing, using, selling or distributing his/her protected work, shall lapse where he/she undertakes to exploit or market the work in any state or authorize a third party to do so	IPR Article 147
Are there incentives for the use, production and dissemination of free and open source software within copyright law or elsewhere in national law/policy?	NO
Are there incentives for the use, production and dissemination of open access material (e.g. textbooks) within copyright law or elsewhere in national law / policy?	NO
Are there specifications or incentives in national law/policy for the use of open document formats?	NO