Saudi Arabia Overhauls Copyright Law ahead of August 2026 Start.
Key Takeaways
● New Copyright Law issued by Royal Decree No. M/169, published on 13 February 2026.
● Comes into force on 12 August 2026, replacing the former 2003 Copyright Law.
● Brings in modern rules for digital content, AI, platforms, software, enforcement and
employment‑related works.
Why this reform matters
Saudi Arabia’s existing copyright framework dates back to 2003, long before streaming
services, social platforms, cloud software and AI became part of everyday business.
The new law is described as a major refresh of the Kingdom’s IP rules, positioned to better
serve today’s digital economy and align more closely with international practice and Vision 2030
goals.
Who will run the new system?
Under the new law, copyright administration is no longer concentrated in a single body.
● SAIP (Saudi Authority for Intellectual Property) keeps a central role for registrations,
compulsory licenses and settlements.
● Ministry of Culture is involved in cultural heritage issues and will co‑shape rules on
collective management organisations.
● A dedicated public body handles orphan works and works where an author dies without
heirs.
● ZATCA is responsible for border measures against infringing goods.
● CST (Communications, Space and Technology Commission) will work with SAIP on
how internet content providers are regulated.
For rights holders and businesses, that means different issues (registration, enforcement,
border, online content) may require dealing with different authorities.
What changes for digital and AI uses
The law introduces several concepts that were absent from the 2003 framework, all aimed at
modern digital use cases.
● New terminology: orphan works, technological protection measures, rights
management information, public domain, cultural heritage, accessible copies,
compulsory licenses and internet content providers are now defined.
● Broadcast vs online: traditional broadcasting is distinguished from online
streaming/on‑demand services, which fall under a specific “making-available” right
giving rights holders clearer control over digital distribution.
● Copying definition: copying now explicitly covers digital, cloud‑based and temporary
technical reproductions, so modern storage and reproduction methods are clearly within
scope.
AI training exception
A notable innovation is a statutory exception that allows copying of works to develop AI products
and algorithms, subject to detailed conditions.
To use this AI exception, the work must be lawfully published, the copy lawfully obtained, the
reproduction limited to what is needed for the AI purpose, and the use must not conflict with
normal exploitation of the work or unreasonably harm the rights holder’s interests.
The article highlights this as one of the earliest explicit AI training exceptions in the GCC,
signaling a supportive stance toward AI development but within boundaries that still aim to
protect rights holders.
Online platforms and safe harbour rules
The law introduces a safe harbour regime for internet content providers (platforms that host and
make content available to users).
An internet content provider is not automatically treated as taking part in an infringement if:
● Data is passed, routed, stored and displayed in a purely technical, automatic way.
● The provider does not alter content beyond what is technically automatic and necessary.
● The provider has no actual knowledge of infringement.
● Infringing content is removed within a reasonable time after the provider becomes
aware.
● Practical mechanisms are in place for rights holders to send notices of infringement.
This gives tech platforms a clearer liability framework, but concepts like “knowledge” and
“reasonable time” are expected to be further clarified in implementing regulations and
practice.
Software, databases and licensing
The law expressly acknowledges modern software and database licensing models.
● Standard licenses for computer programs, apps and databases (including shrink‑wrap,
click‑wrap and similar formats) are recognized, as long as terms do not breach public
order or morals.
● Owners of lawful copies of software gain defined allowed uses – such as backup,
maintenance, error correction, interoperability, and security testing – without needing
separate permission, within the limits of the law.
For software providers and users, this moves license enforceability and permitted uses from
“assumed practice” into clearer statutory rules.
Employees, commissioned works and ownership
The new law finally sets out default rules on who owns works created in the workplace,
something the 2003 law did not clearly address.
Employee-created works
Economic rights in works created by employees:
● Within the scope of employment and related to the employer’s business will, by
default, be invested in the employer.
● Outside the scope of the employer’s business remains with the employee unless
agreed otherwise.
Commissioned works
For commissioned works, the default flips:
● The author generally retains rights unless the parties agree in writing to transfer or
allocate rights differently.
Across both scenarios, the article stresses that contracts can override these defaults, making
employment, consultancy and commissioning agreements critical tools for controlling
ownership.
Enforcement, penalties and remedies
Enforcement is strengthened on both the criminal and civil sides.
Criminal side
● Violations are handled by the Public Prosecution before competent courts, rather than by
the previous Violations Committee.
● Maximum penalties are substantially higher than in the old law, with repeat offences
attracting doubled penalties.
Civil side
Rights holders gain clearer statutory tools, including:
● Seizure of infringing items and tools
● Orders to stop infringing acts.
● Compensation that can include the infringer’s profits, not just direct damages.
● Orders compelling infringers to reveal upstream and downstream parties involved in the
infringement chain
Settlement track and border measures
An administrative settlement path allows alleged violators to request settlement before referral
to the Public Prosecution; settlements are binding, enforceable like court judgments and require
destruction of infringing items, but do not bar third parties from pursuing separate civil claims.
Border measures are formalised at primary legislation level, with ZATCA designated as the
competent authority, working with SAIP on implementation.
Registration, public domain and new exceptions
The law also reworks registration, public domain and exceptions.
● Registration presumption: registering a work with SAIP now creates a rebuttable
presumption of ownership – something the prior law did not provide – making
registration more valuable for evidentiary and risk‑management purposes.
● Public domain: rights holders may voluntarily give up economic rights and dedicate
works to the public domain under defined procedures.
● Collective management: for the first time, there is a statutory basis for collective
management organisations, with details to be fleshed out in regulations.
● New exceptions include freedom of panorama for works permanently in public spaces,
updated exceptions for libraries and educational institutions, and a Marrakesh‑aligned
accessibility exception for persons with print disabilities.
What businesses should do now?
The new law will apply from 12 August 2026, with implementing regulations expected from SAIP
within roughly 180 days of publication.
The article recommends that organizations use this lead time to prepare:
● Tech and AI companies: review AI training data flows, documentation and internal
policies to align with the AI exception and safe harbour obligations.
● Platform operators: build or refine notice‑and‑takedown procedures and content
workflows to meet safe harbour conditions.
● Software providers and users: ensure license terms and user guidance reflect the new
rules on licenses and permitted uses of lawful copies.
● Employers and commissioning entities: revisit employment, consultancy and
commissioning contracts to clearly state ownership of copyright in line with the new
default rules.]
● Content owners and creative industries: consider strategic registration of key works
with SAIP, and update enforcement and portfolio strategies to take advantage of new
remedies and public‑domain options.
Taken together, the reforms move Saudi copyright law significantly closer to a modern, digitally
aligned regime, while leaving important operational details to be clarified in the upcoming
implementing regulations.