The executive regulations of the Law on Copyright and Neighboring Rights issued by the National Council for Culture, Arts and Letters by Resolution No. 41 of 2019 set the rules for regulating the copying and translation of works, as follows:
Request for a license to copy and translate works
The Copyright and related Rights Law Regulations granted the right to every Kuwaiti natural or legal person with an interest to submit an application to the President of the National Council for Culture, Arts and Letters or whomever he delegates to grant him a non-exclusive, non-assignable license to copy or translate any work or related right without permission his right.
Conditions to be met to grant a license to copy and translate works
The Regulations of Copyright and Neighboring Rights Law stipulated that to grant a license to copy or translate any work or related right without the permission of the right holder, the following conditions must be met:
- To be for the needs of school and university education or research
- Not to prejudice the legitimate interests of the right holder
- No conflict of license from normal exploitation
Limitations to be taken into account when granting a license
The regulations of the Copyright and Neighboring Rights Law require that consideration be given to granting a license to copy or translate any work or related right without the permission of the right holder, that the author has not withdrawn all copies of his work from circulation in Kuwait, and that the license is not transferable from the licensee to third parties, and to mention the author’s name and the title of the work on each licensed copy or translation.
Documents to be included in the license application
The license application shall be submitted to the competent department on the form prepared for this purpose attached to it proving that the purpose of the license is limited to the needs of school and university education, research, or any other purpose that justifies copying the work or any of the neighboring rights, as well as attaching to it a statement indicating the inaccessibility of the author or his successor or his legal representatives, or their failure to copy a sufficient number of the work to meet the needs.
The Concerned Department shall examine the license application and verify the availability of all conditions and documents required for granting it, and shall recommend it in this regard to the Competent Minister.
Issuing a license to copy and translate works
The Regulations on Copyright and Neighboring Rights stipulate that the competent minister shall issue a decision regarding the license application within thirty days from the date of submitting the application, fulfilling the conditions prescribed by law. The previous application after avoiding the reasons for which the first application was rejected
Issuing the license does not preclude the issuance of another license to a non-licensee, unless the license has already been given to translate this work into the same language in which the application was submitted and it has been published with a translation.
Data to be included in the license
The regulation requires that the license to copy and translate works must include all data, in particular the following:
- The data of the work or related right, including the name of the right holder
- The name and data of the license applicant
- Purpose of the license
- Time and place range of the license
- Number of copies authorized
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