Saudi Arabia promulgated the revised Copyright Law on February 13, 2026, replacing the 2003 version. The new law will take effect on August 1, 2026, with the supporting implementing rules to be issued on the same date.
The revision focuses on key dimensions including copyright circulation, ownership of rights and scope of protection, with the major provisions revised as follows:
Geographical scope of protection: Article 2 of the new law lifts restrictions on the author's nationality and place of residence, extending protection to works first published in Saudi Arabia and works first published in other countries and then in Saudi Arabia within 30 days, thus further raising the internationalization level of copyright protection.
Protection of authors' moral rights: Article 7 of the new law clarifies that the author's moral rights are perpetual, non-transferable and non-waivable, and defines the right of first publication, the right of attribution (including the right of anonymous publication), the right to object to the publication of the work in one's own name by others, and the right to object to modifications that involve distortion, alteration or prejudice to the author's reputation. It additionally grants authors the right to request a court to prohibit the distribution or withdraw the circulation of their works on the basis of "serious reasons", and stipulates that the author's moral rights may be administered by their heirs after death.
Software license management: Article 12 of the new law (relating to software licensing) explicitly stipulates that computer programs, their applications and databases shall be bound by their own licensing terms, which shall be complied with by the purchasers and users of the programs unless such terms violate public order or morality.
Copyright in works created in the course of employment: Article 18 of the new law clarifies that where a work created by an employee is related to the employer's business, the author's rights shall vest in the employer automatically subject to the fulfillment of specific conditions and exceptions.
AI-related copyright: Article 26 of the new law adds an exception clause for AI copyright, permitting the reproduction of relevant works without the author's permission and without payment of remuneration for the development of AI products and algorithms, provided that the following conditions are met:
l The work must have been published lawfully;
l The ownership of original copy must be obtained through legal channels;
l The scope of reproduction must be strictly limited to what is necessary for the intended purpose;
l The use shall not hinder the normal exploitation of the work;
l The use shall not cause unreasonable harm to the legitimate interests of the right holder.
Liability of internet platforms: The new law introduces a safe harbor system for internet content providers, specifying that they shall not be deemed participants in infringing acts when specific conditions are met.
Penalties for infringement: The new law substantially increases the intensity of sanctions, raising the maximum term of imprisonment for infringement from 6 months to 1 year and the fine from 250,000 Saudi Riyals to 1,000,000 Saudi Riyals, with a maximum fine of up to 2,000,000 Saudi Riyals for repeat offenders. Article 51 is newly added, clarifying that the right holder may require the infringer to compensate for all profits derived from the infringement.
Implications for Relevant Entities
1. Author/Right Holder (Individual)
Understand the scope of one's own rights in full: Grasp the protection boundaries of moral rights and property rights stipulated by the new law, be aware of the legitimate rights and interests pertaining to works throughout the whole process from creation to subsequent use and circulation, and strengthen the awareness of right protection.
Preserve evidence of rights: Properly keep materials such as the original copies of created works, records of first publication and licensing contracts, so as to provide evidentiary support for potential infringement disputes and ensure that there is a basis for claiming rights in case of infringement.
Standardize the process of right authorization: When authorizing the use of works to third parties, define the rights and obligations of both parties through written contracts to avoid disputes arising from ambiguous agreements and protect one's own legitimate rights and interests from infringement.
2. Enterprises
Establish a compliance management system: In light of the revisions of the new law, sort out the compliance key points in enterprise operations such as work use, copyright transfer and product research and development (especially AI R&D), and identify potential legal risks.
Standardize contract and process management: Revise the internal template contracts related to copyright to ensure that the terms are in line with the requirements of the new law; clearly define the ownership of copyright and the scope of use when using others' works or engaging employees to create works, so as to avoid infringement risks.
Keep track of the release of implementing rules: Continuously follow the issuance of supporting implementing rules and adjust enterprise operation strategies in a timely manner according to official interpretations to ensure long-term compliant operation.
3. Internet Platforms
Improve the compliance guarantee mechanism: Optimize the process for handling infringement complaints on the platform, establish and improve the notification mechanism for right holders, and ensure the timely verification and handling of infringement reports upon receipt, so as to adhere to the bottom line for the application of the safe harbor system.
Strengthen the responsibility for content management: Conduct necessary compliance reviews on works disseminated on the platform to prevent joint and several liability arising from infringing works on the platform and foster a legal and orderly platform ecosystem.
Resource： www.lexology.com
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