Music has become one of the most pervasive commercial assets in the UAE. It plays in restaurants, hotels, shopping malls and gyms; it scores advertising campaigns, films and television; and it travels through streaming platforms, podcasts and social media into countless daily interactions. As the country has grown into a regional hub for entertainment, media and the creative industries, the commercial exploitation of music has expanded just as quickly and with it, the need to ensure that the people who create and invest in music are properly protected and paid.
That protection now rests on a modern and comprehensive framework: Federal Decree-Law No. 38 of 2021 on Copyright and Neighbouring Rights (the “Copyright Law”). The legislation overhauls the UAE’s copyright regime and is designed to balance the competing interests of creators, investors, businesses and consumers, while keeping pace with the technological and digital realities that now define how music is made and consumed.
This article looks at what the Copyright Law protects, the rights it confers, how long that protection lasts, and what it all means in practice for businesses that use music every day.
The Copyright Law casts a wide net. Under Article 2 of the Copyright Law, protection extends to a broad range of literary and artistic works, including musical works with or without words, audiovisual works, sound recordings and derivative works. In the case of music, that covers far more than a finished song: melodies, harmonies, arrangements, compositions and lyrics all fall within scope, as does music embedded in films, television productions, advertisements and digital content.
Crucially, protection is automatic. A musical composition, song or recording is protected from the moment it is recorded, written down or otherwise fixed in a tangible form, no registration is required for rights to arise. Rights holders may nonetheless choose to register their works voluntarily with the Ministry of Economy, because registration provides valuable evidence of ownership and makes enforcement considerably easier should a dispute arise.
The breadth of this protection means that music distributed through streaming services, podcasts, online performances and social media is treated no differently from music in traditional formats. In a market where music increasingly reaches audiences digitally, that is a significant reassurance for creators and investors alike.
At the heart of the Copyright Law is a simple objective: to give creators control over how their work is used and to allow them to profit from it. To that end, the law confers two distinct categories of rights.
The first is economic rights. These give authors the exclusive ability to authorise or prohibit a range of uses of their work, reproduction, distribution, publication, performance, broadcasting, communication to the public, translation, adaptation and other forms of commercial exploitation. For musicians and composers, this is where the value lies: economic rights are what allow them to earn from record sales, live and public performances, digital streaming, licensing arrangements, synchronisation deals and royalties. Under Article 9 of the Copyright Law, these rights may be assigned or licensed to third parties, but only in writing, and the agreement should set out clearly the scope of what is being transferred, its duration, territory and purpose. That formality is deliberate: it brings certainty to commercial dealings and heads off later disputes about who owns what.
The second category is moral rights, recognised under Article 5 of the Copyright Law. These protect the creator’s personal and reputational connection to the work, including the right to be identified as its author and the right to object to any distortion, mutilation or modification that would prejudice the author’s honour or reputation. What makes moral rights distinctive is their durability: they generally remain with the creator even after the economic rights have been sold or assigned, ensuring that an author’s creative integrity is preserved regardless of who controls the commercial exploitation.
Copyright does not last forever. Under Article 20 of the Copyright Law, the general rule is that protection endures for the lifetime of the author and for a further 50 years after their death, a period long enough for creators and their heirs to continue benefiting from the work across generations.
Different rules apply to certain categories of work, such as collective works, anonymous works and works created by legal entities, where the protection period is generally measured from the date of first publication or disclosure rather than the life of an individual author. Once the relevant period expires, the work passes into the public domain and may be used freely, without anyone needing the rights holder’s permission.
Music is rarely the work of one person. A successful recording typically reflects the contributions of performers, producers and broadcasters as well as the original composer or songwriter, and the Copyright Law recognises this through a separate set of protections known as neighbouring rights.
Performers including singers, musicians, conductors and DJs, are granted exclusive rights under Article 17 of the Copyright Law over the fixation, reproduction, distribution, rental and communication of their performances to the public. Producers of phonograms enjoy comparable rights under Article 18 over the reproduction, distribution, rental and commercial exploitation of their sound recordings, protecting the substantial financial and technical investment that goes into producing and distributing music. And under Article 19 of the Copyright Law, broadcasting organisations are protected against the unauthorised recording, rebroadcasting or communication of their broadcasts.
Taken together, these provisions acknowledge the collaborative reality of the music industry and ensure that everyone who contributes to bringing a piece of music to the public has a stake worth protecting.
For many businesses, this is where the Copyright Law becomes a day-to-day concern. Hotels, restaurants, cafés, retail stores, gyms, entertainment venues and event organisers all use music to shape the customer experience and reinforce their brand, and almost all of that use requires permission from the rights holder.
Licensing is the legal mechanism that makes such use lawful: rights holders grant permission to use their work in exchange for consideration. Depending on how music is being used, a business may need licences covering public performance, broadcasting, synchronisation or digital communication rights. Increasingly, this is handled through Collective Management Organisations (CMOs), which administer rights on behalf of many creators at once, issuing licences, collecting royalties and distributing the proceeds to rights holders, and in doing so making compliance far more practical for businesses.
This point deserves particular emphasis, because it is so often misunderstood: a personal subscription to a streaming service is intended for private listening only. It does not authorise commercial use. A café playing music from a personal streaming account, for example, is not licensed for that purpose, however convenient it may seem. Businesses should therefore ensure the appropriate commercial licences are in place before music is played in any public or commercial setting.
The UAE takes enforcement seriously. The unauthorised reproduction, public performance, distribution, streaming or communication of copyrighted music may amount to infringement under the Copyright Law, and the consequences will be significant.
Under Article 39 of the Copyright Law, infringement may attract criminal sanctions, including imprisonment and fines, with enhanced penalties available for repeat offenders. The competent courts may also order the seizure and destruction of infringing copies and of the equipment used to produce them under Article 42 of the Copyright Law. Separately, rights holders may pursue civil remedies, including compensation for the damage caused by the infringement, under Article 43 of the Copyright Law.
This combination of criminal, civil actions and protective measures reflects a clear policy choice: to safeguard intellectual property robustly and to support a creative ecosystem in which investment and innovation can flourish.
The Copyright Law has markedly strengthened the protection available to musical works and to the wider network of people and businesses that bring music to the public. By recognising both economic and moral rights, extending protection to performers and producers, and backing it all with meaningful enforcement, the law aims to reward creativity while ensuring that rights holders are fairly compensated.
Note: This Legal Update / Newsletter is intended for general informational purposes only and should not be construed as legal advice. It is based on laws and legal interpretations in effect as of the date of publication. Laws and regulations may change over time, and their application can vary depending on individual circumstances. Readers are strongly encouraged to seek specific legal counsel before acting on any of the information provided herein.
That protection now rests on a modern and comprehensive framework: Federal Decree-Law No. 38 of 2021 on Copyright and Neighbouring Rights (the “Copyright Law”). The legislation overhauls the UAE’s copyright regime and is designed to balance the competing interests of creators, investors, businesses and consumers, while keeping pace with the technological and digital realities that now define how music is made and consumed.
This article looks at what the Copyright Law protects, the rights it confers, how long that protection lasts, and what it all means in practice for businesses that use music every day.
What the Law Protects
The Copyright Law casts a wide net. Under Article 2 of the Copyright Law, protection extends to a broad range of literary and artistic works, including musical works with or without words, audiovisual works, sound recordings and derivative works. In the case of music, that covers far more than a finished song: melodies, harmonies, arrangements, compositions and lyrics all fall within scope, as does music embedded in films, television productions, advertisements and digital content.Crucially, protection is automatic. A musical composition, song or recording is protected from the moment it is recorded, written down or otherwise fixed in a tangible form, no registration is required for rights to arise. Rights holders may nonetheless choose to register their works voluntarily with the Ministry of Economy, because registration provides valuable evidence of ownership and makes enforcement considerably easier should a dispute arise.
The breadth of this protection means that music distributed through streaming services, podcasts, online performances and social media is treated no differently from music in traditional formats. In a market where music increasingly reaches audiences digitally, that is a significant reassurance for creators and investors alike.
The Two Sets of Rights Every Creator Holds
At the heart of the Copyright Law is a simple objective: to give creators control over how their work is used and to allow them to profit from it. To that end, the law confers two distinct categories of rights.The first is economic rights. These give authors the exclusive ability to authorise or prohibit a range of uses of their work, reproduction, distribution, publication, performance, broadcasting, communication to the public, translation, adaptation and other forms of commercial exploitation. For musicians and composers, this is where the value lies: economic rights are what allow them to earn from record sales, live and public performances, digital streaming, licensing arrangements, synchronisation deals and royalties. Under Article 9 of the Copyright Law, these rights may be assigned or licensed to third parties, but only in writing, and the agreement should set out clearly the scope of what is being transferred, its duration, territory and purpose. That formality is deliberate: it brings certainty to commercial dealings and heads off later disputes about who owns what.
The second category is moral rights, recognised under Article 5 of the Copyright Law. These protect the creator’s personal and reputational connection to the work, including the right to be identified as its author and the right to object to any distortion, mutilation or modification that would prejudice the author’s honour or reputation. What makes moral rights distinctive is their durability: they generally remain with the creator even after the economic rights have been sold or assigned, ensuring that an author’s creative integrity is preserved regardless of who controls the commercial exploitation.
How Long Protection Lasts
Copyright does not last forever. Under Article 20 of the Copyright Law, the general rule is that protection endures for the lifetime of the author and for a further 50 years after their death, a period long enough for creators and their heirs to continue benefiting from the work across generations.Different rules apply to certain categories of work, such as collective works, anonymous works and works created by legal entities, where the protection period is generally measured from the date of first publication or disclosure rather than the life of an individual author. Once the relevant period expires, the work passes into the public domain and may be used freely, without anyone needing the rights holder’s permission.
Beyond the Composer — Who Else the Law Protects
Music is rarely the work of one person. A successful recording typically reflects the contributions of performers, producers and broadcasters as well as the original composer or songwriter, and the Copyright Law recognises this through a separate set of protections known as neighbouring rights.Performers including singers, musicians, conductors and DJs, are granted exclusive rights under Article 17 of the Copyright Law over the fixation, reproduction, distribution, rental and communication of their performances to the public. Producers of phonograms enjoy comparable rights under Article 18 over the reproduction, distribution, rental and commercial exploitation of their sound recordings, protecting the substantial financial and technical investment that goes into producing and distributing music. And under Article 19 of the Copyright Law, broadcasting organisations are protected against the unauthorised recording, rebroadcasting or communication of their broadcasts.
Taken together, these provisions acknowledge the collaborative reality of the music industry and ensure that everyone who contributes to bringing a piece of music to the public has a stake worth protecting.
Using Music in Business — Why a Licence Matters
For many businesses, this is where the Copyright Law becomes a day-to-day concern. Hotels, restaurants, cafés, retail stores, gyms, entertainment venues and event organisers all use music to shape the customer experience and reinforce their brand, and almost all of that use requires permission from the rights holder.Licensing is the legal mechanism that makes such use lawful: rights holders grant permission to use their work in exchange for consideration. Depending on how music is being used, a business may need licences covering public performance, broadcasting, synchronisation or digital communication rights. Increasingly, this is handled through Collective Management Organisations (CMOs), which administer rights on behalf of many creators at once, issuing licences, collecting royalties and distributing the proceeds to rights holders, and in doing so making compliance far more practical for businesses.
This point deserves particular emphasis, because it is so often misunderstood: a personal subscription to a streaming service is intended for private listening only. It does not authorise commercial use. A café playing music from a personal streaming account, for example, is not licensed for that purpose, however convenient it may seem. Businesses should therefore ensure the appropriate commercial licences are in place before music is played in any public or commercial setting.
When Rights Are Infringed
The UAE takes enforcement seriously. The unauthorised reproduction, public performance, distribution, streaming or communication of copyrighted music may amount to infringement under the Copyright Law, and the consequences will be significant.Under Article 39 of the Copyright Law, infringement may attract criminal sanctions, including imprisonment and fines, with enhanced penalties available for repeat offenders. The competent courts may also order the seizure and destruction of infringing copies and of the equipment used to produce them under Article 42 of the Copyright Law. Separately, rights holders may pursue civil remedies, including compensation for the damage caused by the infringement, under Article 43 of the Copyright Law.
This combination of criminal, civil actions and protective measures reflects a clear policy choice: to safeguard intellectual property robustly and to support a creative ecosystem in which investment and innovation can flourish.
Conclusion
The Copyright Law has markedly strengthened the protection available to musical works and to the wider network of people and businesses that bring music to the public. By recognising both economic and moral rights, extending protection to performers and producers, and backing it all with meaningful enforcement, the law aims to reward creativity while ensuring that rights holders are fairly compensated.Note: This Legal Update / Newsletter is intended for general informational purposes only and should not be construed as legal advice. It is based on laws and legal interpretations in effect as of the date of publication. Laws and regulations may change over time, and their application can vary depending on individual circumstances. Readers are strongly encouraged to seek specific legal counsel before acting on any of the information provided herein.