Before debating whether or not copyright is protected, the word “copyright” should be defined;”copyright” describes the exclusive rights of authors and creators of literary, artistic or scientific works to  prohibit or permit others to use their works.

There are no express Koranic verses or Hadith in Islam that deal with copyright. Copyright protection is not prohibited, but neither is it expressly granted. In light of the ambiguity, there have been two schools of thought on whether copyright should be protected.

One school that denies authors material compensation in return for their works argues that science is not an industrial or commercial endeavor that aims at monetary compensation. The precept is, simply stated, that one should be studying and teaching as a form of worship; if an author was able to produce a work, then the reward consists of the fact that God has helped the author achieve such a creative expression.

 

Supporters of this position also rely on the Koranic verse stating that “Surely those who conceal the clear proofs and the guidance that We revealed after We made it clear in the Book for men, these it is whom Allah shall curse, and those who curse shall curse them (too)” (The Cow Chapter, verse 159). It should be noted that this verse, according to certain interpretations, relates to the evidence of the truthfulness of the Prophet (PBUH) after such proof was set out in the Torah and other divine books. It does not relate to knowledge in other areas. There is further a Hadith by the Prophet (PBUH) that threatens punishment for those who do not disclose knowledge that they have acquired. In short, these sources indicate that authors are under the duty of disclosing knowledge regardless of whether or not material reward is granted.

 

Supporters of this school of thought also argue that a scientific or intellectual output is the mind’s product and therefore not considered as money. Even though a right might subsist in such output, it is not financial and cannot be inherited as the heir does not inherit the source, which is the brain. He would therefore not inherit the offshoot, which is the intellectual work. 

The second school of thought supports an author’s entitlement to reap the benefits of his work. It argues in favor of recognizing copyright in reliance on several arguments. The Prophet (PBUH) expressly granted the right of priority when stating that “The right upon a thing is granted to whoever arrives first to what another Muslim has not arrived to”. The position is further supported by another Hadith which states, “When a man dies, his acts come to an end but three, recurring charity, or knowledge (by which people) benefit, or a pious son, who prays for him (for the deceased)”. 

 

It is a known fact that Islam protects ownership and hence the question should be whether ownership of intangibles merits protection. According to the proponents of copyright protection, intellectual works constitute benefits. They should therefore be treated as intangible assets that can be transacted. An author’s product results from the author’s considerable investment of effort and time. As such, the development of know-how and knowledge is encouraged and recognized by Islam as being of continuous benefit that outlives the right holder even after death and cessation of property rights.

 

In conclusion, whilst Islam clearly encourages the spread of knowledge, there is nothing to suggest that the author should not be rewarded for his efforts. The fact that there is no express prohibition on obtaining compensation for intellectual output should be an indication that granting the author a compensation for his efforts is in line with Shari’a principles.

 

Nayiri Boghossian obtained her degree in law (LLB) from Damascus University and her Masters in Law (LLM) in International Business Law from McGill University in Montreal, Canada. She is the head of the Khasawneh and Associates Intellectual Property, Arbitration & Litigation, and Employment Law teams and acts as a Domain Name Panelist with the WIPO Arbitration and Mediation Centre in Geneva.

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Poetry for the people

Nabati poetry is the centuries-old tradition of oral poetry in the Arabian Gulf. Inspired by life in the desert, it praises virtues like chivalry, loyalty, pride and wisdom and describes the beauty of nature. Nabati poems, also called Bedouin poems, are sometimes the only record of historical events that took place in the Arabian Peninsula in pre-modern times. This traditional art form is still very much alive in the Emirates, and has seen a revival among young people, who use the traditional poetic patterns to express their experience of the fundamental changes their country is going through on its way to modernity.

 

Televised competitions where poets recite Nabati verses or classical Arabic poetry are very popular in the Gulf, and the winners of these shows are acclaimed as superstars by thousands of TV viewers (link to the princeofpoets.com). In the United Arab Emirates, the annual ‘Prince of Poets’ competition pits contestants from across the Arab World against each other in a series of live reading performances judged by a panel of Nabati poetry experts. The winner takes home a prize of 1 million dirhams.

During the IPA Copyright Symposium in Abu Dhabi, we will spend one evening in the desert. Here you will experience firsthand the legendary Arabian hospitality, as you are served a typical Arabian dinner in a tent under the stars while watching traditional dance and listening to enchanting Oriental tunes. Women will have a chance to have their hands painted with henna, and Bedouin fortune-tellers will foresee your future!

 

The highlight of the evening will be a live performance of Nabati poetry, framed in an elegant setting of dunes and palm trees,!

While indulging in cardamom-flavoured coffee and a hubbly-bubbly, you can enjoy the quietness of the desert just as people have for centuries before us.

 

 

News from the online piracy front!

KITAB, the organiser of the IPA Copyright Symposium together with The PA and the AAP run an event at Frankfurt Book Fair with featured positive actions against piracy. Watch this report to learn more!