Egypt protects the creative works of authors under copyright and protects performers, producers of phonograms, and broadcasting organizations under related rights.
Legislation and International Treaties
The laws governing copyright and related rights are provided for in Articles 138 –188 of Law 82 of 2002 (copyright law), Prime Ministerial Decree No. 497 of 2005, and Prime Ministerial Decree No. 2202 of 2006.
Egypt is a WTO member (1995) as well as being a member of the Berne Convention (1977) and the Phonograms Convention (1978).
What does Copyright protect?
Copyright protects all creative productions whatever their type or mode of expression. Examples include books, music, movies, computer software, architecture, and photographs.
What is not covered by Copyrights?
- Mere concepts, procedures, methods of work, modes of operation, connotations, principles, discoveries and data, even if they are expressed, explained, indicated or included in a copyrightable work.
- Official documents such as laws, judicial rulings, arbitration awards, and decisions of administrative committees having judicial competence.
- News on current events that are mere press information.
What are the author’s rights?
The author, or his successor in interest, has the exclusive right to authorize or prevent any exploitation of his/her work. Examples of exploitation include:
- Reproduction
- Broadcasting and re-broadcasting
- Public performance
- Communication to the Public;
- Translation
- Adaptation
- Rental and lending
- Making it available to the public through the Internet, other communication networks, or any other means.
Additional rights are given in Articles 143 and 144 of Law 82/2002. Article 143, for example, lists perpetual “moral” rights such as the right of first publication.
Transfer of rights
Authors can assign any or all of their economic rights. The transfer must be certified in writing and contain a specific and detailed indication of which rights are to be transferred with the extent and purpose of the transfer as well as the duration and place of exploitation.
Any disposal of future works is considered null and void.
Term of Protection
Works are generally protected for the life of the author plus 50 years.
Copyright Registration
Registration of a copyrighted work is not necessary for successful enforcement of rights. Registration does however carry one major benefit. By lodging a copy of the copyrighted work with the authorities, one can establish a date of authorship. This is crucial in litigation where the copyright holder may have to prove that he was the first one to create the work in question. Under Egyptian evidentiary rules, having a government date of record is essential if a party wants to submit such evidence to the court.
Related Rights
Performers
Performers have the right to prevent any exploitation of their performances without their prior written authorization. Exclusive rights for performers include, for example:
- Communication to the public and making available to the public, renting, or lending the original fixation or copies of their performances;
- Fixation or public broadcasting of their live performances;
In addition, perpetual “moral” rights are given to performers and their universal successors in Article 155 of Law 82/2002.
Term of protection for Performers
Protection generally lasts for 50 years calculated from the date on which the performance or recording took place.
Producers of Phonograms
Producers of Phonograms have the right to prevent any exploitation of their recordings in any manner including:
- Reproduction
- Renting
- Broadcasting
- Making available through computers or any other means.
Term of protection for Producers of Phonograms
Protection generally lasts for 50 years calculated from the date the recording was made or made public, whichever comes first.
Broadcasting Organizations
Broadcasting organizations have the following exclusive rights:
Authorize the exploitation of their recordings
Prevent any communication to the public, without their prior written authorization, of their television recordings, including:
- Fixation
- Reproduction
- Sale
- Rental
- Rebroadcast
- Communication to the public by any means, including the removal or destruction of any technical protection of such programs br coding or other means.
Term of protection for Broadcasting Organizations
Protection generally lasts for 20 years calculated from the date on which the program was first broadcast.