The adoption of the American fair use in Gulf states: a comparative analysis of authors' exceptions in common law and civil law countries

The adoption of the American fair use in Gulf states: a comparative analysis of authors' exceptions in common law and civil law countries

The fair use doctrine is one of the most important and enigmatic doctrines in the copyright law of the US. Copyright scholars and experts have suggested introducing flexible open-ended copyright exception such as fair use instead of the restrictive exceptions currently adopted in developing countries to accommodate copyright laws to suit social and cultural needs, and keep pace with digital technological developments. The article studies the merits and demerits of this proposal from the perspective of Gulf States that follow the continental European system of author’s rights. It reviews limitations
and exceptions in the copyright laws of the Gulf States and compares them to the US, UK, Australia, Canada, France and Germany. The article argues that reforming exceptions in the copyright laws of Gulf States is critically needed to suit the ambitious agenda of these countries to become knowledge-based economies that foster innovation and creativity. It examines the various options available to legislators in Gulf States to reform their copyright regimes, and suggests the adoption of liberal system of exceptions to suit citizens’ digital needs in the 21st century. Finally, the article provides recommendations and suggestions for reforming copyright laws and limitations and exceptions in Gulf States, and concludes with a summary
of its main conclusion.