Kuwait Court of Cassation principle number 4648

Works whose authors enjoy legal protection. Their nature: original works in literature, the arts and sciences, whatever their value or type, the purpose of their authorship or their manner of expression. Article 1, Law 64/1999 concerning intellectual property rights. - Originality of a work. Its meaning. The personal creative character imparted to it by the author that allows it to be distinguished from other works. - The author is the person who creates the work or to whom it is attributed unless evidence to the contrary is established. - The author alone has the right to decide to publish his work, determine the manner of publication and exploit it financially by any means of exploitation. Article 4, Law 64/1999. - 918 - Ownership - Cinematographic, radio and visual works. By their nature, they are joint works in whose preparation more than one person participates. The condition for conferring the status of co-author is that the co-author's work be characterized by originality. Material tasks are not characterized as original. Article 2/1, Law 64 of 1999. - Assessing participation in a work and inferring the existence or absence of fault giving rise to tortious liability. A matter of fact for the court of merits. The condition thereof. Example concerning the inference that the television interviewee is the author, his entitlement to decide to publish his work and determine the manner of its financial exploitation, and the absence of fault giving rise to liability. Ownership of the nominee agent: