As part of our ongoing efforts to enhance awareness of music copyright protection in the Kingdom of Saudi Arabia, we have gathered insights from lyricists, composers, record labels, performing artists, and copyright lawyers. This article addresses key concerns surrounding the unauthorized use of music and proposes practical solutions to ensure fair enforcement and compensation for rights holders

It is important to note that the Saudi Copyright Law, issued by Royal Decree No. M/41 dated 02/07/1424 AH (30/08/2003 AD) and amended by the Decision of the Council of Ministers No. 536 dated 19/10/1430 AH (08/10/2009 AD), imposes strict penalties on the unauthorized use of musical works in public places and events. Article 13 specifically prohibits such use and empowers authors or copyright holders to file complaints with the Copyright Violations Review Committee for compensation or to seek legal remedies. Despite this robust legal framework, questions remain as to why unauthorized public use of music is still widespread, who is responsible for stopping it, and who is entitled to compensation.

Because each musical piece includes various copyrightable elements and involves multiple rights holders, well-drafted contracts are critical to clarifying the responsibilities and protections of each party involved. In the music industry, record labels usually facilitate these agreements. They typically contract with lyricists and composers to create derivative works, then with performers to record the song, and finally with publishers to distribute the final version.

In a recent interview with a representative from a leading record label, we sought insight into the publishing process. They explained, ‘We have secured contracts with songwriters, composers, and performers that grant us exclusive rights to use their works.’ We then asked whether this gave them the legal standing to take action against unauthorized public performances and broadcasts. Their answer was a confident ‘Yes.’

From this, we inferred that where record labels hold exclusive rights, they bear the primary responsibility for enforcing them. Failure to act against unauthorized use may lead to increased normalization of infringement, such as unlicensed public performances and unauthorized radio broadcasts. Enforcement action must be initiated either by the original authors or those granted exclusive rights through contract.

Legally speaking, the absence of a Collective Management Organization (CMO) in Saudi Arabia severely limits efforts to monitor, license, and enforce rights related to musical works. CMOs play a pivotal role in administering performance and mechanical rights, streamlining licensing procedures, and initiating enforcement on behalf of rights holders. They bridge the gap between creators and users, ensuring that music is used legally and fairly.

Kadasa Intellectual Property
24/04/2025