Article 1 of Copyright and Related Rights Law

In the application of this Law, the following words and expressions shall have the meaning indicated opposite each: 1 - Work: Every original literary, artistic, or scientific work, whatever its type, manner of expression, importance, or purpose. 2 - Creation: Producing a new work possessing the element of originality, or renewing or developing an existing work so that such renewal or development is distinguished by a special character. - Author: The person who creates the work. The person whose name is mentioned on the work or to whom it is attributed upon publication shall be deemed its author, unless evidence establishes otherwise. A person who publishes a work without mentioning his name or under a pseudonym shall also be deemed its author, provided that there is no doubt as to his true identity. If doubt arises, the publisher or producer of the work, whether a natural or legal person, shall be deemed the author's representative in exercising his rights until the author's true identity is established. - Collective work: A work created by more than one person under the direction of a natural or legal person who undertakes its management and publication in his name and for his account, and in which the work of its authors merges into the objective intended by that person, without a specific right being assigned to any of the authors over the work as a whole. e - Joint work: A work that does not fall within collective works and in whose authorship more than one author participates, whether or not each one's contribution can be separated. 6 - Derivative work: A work originating from a pre-existing work, such as translations, adaptations, musical arrangements, or other modifications or transformations made to the work, without prejudice to the rights in the original work. - National folklore: Inherited arts, customs, traditional expressions and performances, including oral, written, musical, or movement-based folk traditions, or any of the foregoing that can be embodied in elements reflecting these inherited arts, traditional customs, Index of the Law 530 Home Page Copyright and Related Rights Law Law No. 75 of 2019 Promulgating the Copyright and Related Rights Law and traditional heritage that originated or continued in the State of Kuwait, including: a - Oral expressions such as tales, riddles, puzzles, and poetry, whether in classical or colloquial language, and other poetry and traditions. b - Musical expressions such as folk songs accompanied by music and folk music. c - Expressions through movement such as folk movement performances, plays, and artistic forms. d - Tangible expressions such as folk art products, including visual art and drawings, whatever the lines or colours used; engraving, sculpture, ceramic, and clay products; products made of wood and the various inlays applied to them; products of palm fronds, mosaics, metals, jewels, textiles, needlework, carpets, clothing, bags, musical instruments, architectural forms, and others. - Related rights: The rights enjoyed by those who communicate the author's work to the public, known as holders of related rights, namely performers, producers of sound recordings, and broadcasting organisations. 9 - Performers: Actors, singers, reciters, chanters, instrumentalists, musicians, dancers, and movement performers whose performances relate to literary or artistic works subject to the provisions of this Law, which they perform in one form or another, including expressions of folklore or works that have entered the public domain. 10 - Producer of a sound recording: The natural or legal person at whose initiative and under whose responsibility the sounds constituting a performance or other sounds are first fixed, or any representation of sounds is fixed. 11 - Sound recording: The fixation of the sounds constituting a performance or other sounds, or the fixation of a representation of sounds in a form other than a fixation incorporated in a cinematographic work or another audiovisual work. 12 - Broadcasting: Transmission of a programme-carrying signal intended for broadcast by radio, television, or broadcasting devices by wired or wireless means for reception by the public. Any such transmission via satellites shall also be considered broadcasting. Transmission of encrypted signals shall be considered broadcasting if the means of decryption are made available to the public by the broadcasting organisation or with its consent. Forms of transmission through computer networks shall not be considered broadcasting. 13 - Broadcasting organisation: The legal person that initiates the packaging, collection, and scheduling of broadcast programme content with the authorisation of rights holders, where necessary, and bears legal and editorial responsibility for communicating to the public everything contained in its broadcast signal. 14 - Programme-carrying signal intended for broadcast: An electronically generated carrier carrying a programme intended for broadcast as originally transmitted and in any subsequent format. 15 - Programme intended for broadcast: Live or recorded material consisting of images or sounds, or both, or representations thereof. 16 - Public performance: Any performance of a work, such as acting, recitation, narration, instrumental performance, or broadcasting Index of the Law