Copyright in Lebanon

A Q&A Guide

Understanding and protecting your creative works is crucial in today's dynamic world. This FAQ section aims to demystify copyright law in Lebanon, providing clear and concise answers to common questions about securing, enforcing, and managing your copyrightable works, from literary and artistic creations to software and audiovisual productions.

Fundamental Principles & Legal Framework

Q1 | What is copyright?

Copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation for their intellectual effort.

Q2 | What is the primary law governing copyright in Lebanon?

The primary law is Law No. 75/99 on the Protection of Literary and Artistic Property, enacted on April 13, 1999, and effective June 6, 1999.

Q3 | What types of works are protected by copyright in Lebanon?

Books, articles, pamphlets, and other literary writings.
Lectures, addresses, speeches, and other oral works.
Musical compositions (with or without words).
Dramatic works and accompanying music.
Audiovisual works (films, TV shows, video games).
Photographic works.
Pictorial, graphic, and sculptural works.
Architectural works.
Choreographic works and pantomimes.
Computer programs (software).
Compilations of data (databases) that, by reason of their selection or arrangement, constitute intellectual creations.

Q4 | Are ideas protected by copyright in Lebanon?

No, copyright protects the expression of an idea, not the idea itself, nor procedures, methods, systems, or processes.

Q5 | Is copyright registration mandatory in Lebanon?

No, copyright protection in Lebanon arises automatically upon the creation and fixation of the work, without the need for registration or any other formality. However, registration can provide valuable evidence in case of disputes.

Q6 | Does Lebanon adhere to international copyright treaties?

Yes, Lebanon is a member of the Berne Convention for the Protection of Literary and Artistic Works. It also ratified the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. Lebanon has also acceded to the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).

Q7 | What administrative body oversees copyright in Lebanon?

The Ministry of Economy and Trade, specifically its Office of Intellectual Property Department, is the competent administrative body for intellectual property matters in Lebanon, including copyright.

Ownership and Authorship

Q8 | Who is considered the author and initial copyright owner?

The author is generally the natural person who creates the work and is the initial copyright owner.

Q9 | What if a work is created by multiple authors (joint authorship)?

In cases of joint authorship, all contributors are considered co-authors and co-owners of the copyright, provided each contribution forms an integral part of the whole work.

Q10 | Who owns copyright in works created by employees?

Unless there is an agreement to the contrary, the employer is generally considered the copyright holder for works created by employees under an employment contract in the course of their duties.

Rights of Copyright Holders

Q11 | What are "moral rights" in Lebanese copyright law?

Moral rights are perpetual, inalienable, and imprescriptible rights of the author, independent of economic rights. They include:

The right to claim authorship of the work (right of paternity).
The right to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the work, which would be prejudicial to the author's honor or reputation (right of integrity).
The right to disclose the work to the public.
The right to withdraw the work from circulation.

Q12 | Can moral rights be transferred or waived in Lebanon?

Moral rights cannot be fully transferred or waived, though authors may agree not to exercise certain moral rights in specific circumstances. They remain with the author even after transfer of economic rights.

Q13 | What are "economic rights" in Lebanese copyright law?

Economic rights grant the copyright holder the exclusive right to commercially exploit the work and authorize or prohibit the following:

Reproduction of the work in any form (copying, printing, recording).
Translation, adaptation, alteration, or transformation of the work.
Sale, distribution, or rental of the work.
Importation of copies manufactured abroad.
Public performance of the work.
Communication to the public by wire or wireless means (broadcasting, internet).

Q14 | Can economic rights be transferred or assigned?

Yes, economic rights can be transferred or assigned, but any such contract must be in writing to be valid. The author is generally entitled to a percentage of the exploitation or assignment revenues.

Q15 | Can copyright be inherited in Lebanon?

Yes, copyright can be transferred to heirs upon the author's death.

Duration of Copyright Protection

Q16 | How long does copyright protection last in Lebanon for individual works?

For individual works, copyright protection lasts for the life of the author plus 50 years after their death, calculated from the end of the year in which the death occurred.

Q17 | How long does copyright protection last for works of joint authorship?

For works of joint authorship, protection lasts for the life of the last surviving author plus 50 years after their death, calculated from the end of the year in which the death occurred.

Q18 | How long does copyright protection last for audiovisual works?

For audiovisual works, the term of protection is 50 years from the end of the year in which the work was made available to the public, or failing that, 50 years from the making of the work.

Q19 | How long does copyright protection last for collective works?

For collective works, protection lasts for 50 years from the end of the year in which the work was made available to the public.

Q20 | How long does copyright protection last for anonymous or pseudonymous works?

For anonymous or pseudonymous works, protection expires 50 years after the work has been lawfully made available to the public.

Q21 | How long does copyright protection last for posthumous works or works published in the name of a legal person?

For posthumous works or works published in the name of a legal person, protection is 50 years from the end of the year in which the work was published.

Q22 | How long do performers' rights last?

Performers' rights are protected for 50 years, calculated from the end of the year in which the performance was carried out.

Q23 | How long do producers of sound recordings' rights last?

Producers of sound recordings' rights are protected for 50 years, calculated from the end of the year in which the first fixation of sound on tangible material took place.

Q24 | How long do broadcasting organizations' rights last?

Broadcasting organizations' rights are protected for 50 years, calculated from the end of the year in which the broadcasting of their programs took place.

Q25 | What happens to copyright after the protection period expires?

The work enters the public domain and can be used freely without permission or payment of royalties.

Q26 | Can copyright protection be extended in Lebanon?

No, once the statutory period expires, protection cannot be extended or renewed.

Copyright Registration and Formalities

Q27 | How can I register copyright in Lebanon?

While not mandatory for protection, copyright can be registered with the Intellectual Property Protection Office (IPPO), which is part of the Ministry of Economy and Trade.

Q28 | What is the processing time for copyright registration?

The registration process can take approximately one month.

Q29 | What are the benefits of copyright registration in Lebanon?

Although not required for protection, registration can:

Provide official proof of ownership
Establish a public record of the copyright
Help deter infringement
Serve as evidence in legal disputes
Strengthen claims in enforcement proceedings

Q30 | How can copyright ownership be proven in Lebanon?

Through creation records, registration certificates, publication records, or other evidence of authorship and creation date.

Q31 | How can I mark my work to indicate copyright?

While not legally required for protection, it is good practice to include a copyright notice on your work, typically in the format: © [Year of first publication] [Name of Copyright Holder].

Exceptions and Limitations to Copyright

Q32 | What works are explicitly excluded from copyright protection?

The following are excluded from copyright protection:

Laws, legislative decrees, decrees, and decisions issued by public authorities and their official translations
Judicial decisions of all kinds and their official translations
Speeches delivered in public assemblies and meetings
Ideas, data, and abstract scientific facts
Artistic folkloric works (though works inspired by folklore may enjoy protection)

Q33 | Are there exceptions for personal use?

A natural person may, without authorization or compensation:

Reproduce a limited number of computer programs for free lending to students and university personnel.
Use a limited part of a legally published work for criticism, argumentation, citation, or educational purposes, provided it does not exceed what is necessary and customary.
Copy articles from newspapers/magazines or short excerpts of a work for educational purposes within necessary limits.
Make an additional copy of a work for personal use in case of loss or damage, provided at least one original copy is possessed.

Q34 | Are there educational exceptions to copyright in Lebanon?

Yes, limited exceptions exist for educational use, including classroom teaching and academic research. Non-profit educational institutions, universities, and public libraries may, without authorization or compensation:

Reproduce a limited number of computer programs for free lending to students and university personnel.
Copy or reproduce articles from newspapers/magazines or short excerpts of a work for educational purposes.
Make an additional copy of a work for use in case of loss or damage, provided at least one original copy is possessed.

Q35 | What is the "three-step test" in Lebanese copyright law?

Exceptions must be: (1) for specific cases, (2) not conflict with normal exploitation, and (3) not unreasonably prejudice the author's interests.

Copyright Infringement and Enforcement

Q36 | What constitutes copyright infringement in Lebanon?

Copyright infringement occurs when someone uses copyrighted material without the author's or copyright holder's authorization, beyond the scope of legal exceptions, and with the intent to make a profit. This includes unauthorized reproduction, distribution, public performance, adaptation, etc. Unauthorized streaming and downloading of copyrighted content also constitute infringement.

Q37 | What are the penalties for copyright infringement in Lebanon?

Anyone who knowingly and with the intent to make a profit infringes or attempts to infringe copyright or related rights may be liable to:

Imprisonment for a term ranging from one month to three years.
A fine.
Both imprisonment and a fine.

Q38 | Can civil action be taken for copyright infringement?

Yes, in addition to criminal penalties, copyright holders can pursue civil action to seek damages and compensation for losses incurred due to infringement. Remedies include injunctive relief, damages, destruction of infringing copies, and seizure of equipment used for infringement.

Q39 | How can a copyright holder enforce their rights in Lebanon?

Enforcement mechanisms include:

Sending cease and desist letters to infringers.
Filing a complaint with the Ministry of Economy and Trade.
Initiating civil lawsuits for damages and injunctions.
Initiating criminal proceedings.
Seeking assistance from customs authorities to prevent the importation of infringing goods.

Q40 | Is there a specialized court for intellectual property matters in Lebanon?

While there isn't a dedicated IP court, IP cases, including copyright infringement, are heard by the competent civil and criminal courts. Civil courts have jurisdiction over copyright disputes, with specialized intellectual property chambers handling complex cases.

Q41 | What evidence is important in a copyright infringement case?

Proof of authorship and ownership (e.g., registration certificates, dated creative records, early drafts) and evidence of infringement (e.g., unauthorized copies, distribution records) are crucial.

Related Rights (Neighboring Rights)

This section details the protection afforded to performers, producers of phonograms, and broadcasting organizations.

Q42 | What are "related rights" or "neighboring rights" in Lebanese law?

Related rights protect the rights of performers, producers of phonograms (sound recordings), and broadcasting organizations in their respective contributions.

Q43 | What rights do performers have?

Performers have the right to authorize or prohibit:

The fixation of their unfixed performance.
The reproduction of their performance.
The broadcasting and communication to the public of their unfixed performance.
The rental of their fixed performance.

Q44 | What rights do producers of phonograms have?

Producers of phonograms have the right to authorize or prohibit:

The direct or indirect reproduction of their phonograms.
The distribution and rental of their phonograms.
The communication to the public and broadcasting of their phonograms.

Q45 | What rights do broadcasting organizations have?

Broadcasting organizations have the right to authorize or prohibit:

The fixation of their broadcasts.
The reproduction of their fixed broadcasts.
The rebroadcasting of their broadcasts.
The communication to the public of their television broadcasts in places accessible to the public against payment of an entrance fee.

Digital Rights and Technology

Q46 | How does Lebanese law address digital piracy?

Law No. 75/1999 includes provisions against digital piracy, with penalties including fines and imprisonment for commercial-scale infringement.

Q47 | Are internet service providers liable for user infringement in Lebanon?

ISPs may have limited liability if they comply with takedown procedures and don't have actual knowledge of infringement.

Q48 | Does Lebanon have a notice-and-takedown system?

While not explicitly codified like the DMCA, Lebanese law provides mechanisms for rights holders to request the removal of infringing content.

Q49 | Are circumvention of digital protection measures illegal in Lebanon?

Yes, circumventing technological protection measures is prohibited under Lebanese copyright law.

Q50 | Are there any specific considerations for digital works and online infringement?

Lebanese copyright law extends protection to digital works and addresses various forms of digital infringement, including online copying and distribution. Enforcement in the digital realm often involves collaboration with Internet Service Providers (ISPs) and online platforms.

Collective Management and Licensing

Q51 | Are there collective management organizations in Lebanon?

Yes, SACEM (Société des Auteurs, Compositeurs et Editeurs de Musique) and other organizations manage rights collectively. The Lebanese Artists Association also helps manage and enforce rights.

Q52 | How do compulsory licensing provisions work in Lebanon?

Limited compulsory licensing exists for certain uses, particularly in broadcasting and mechanical reproduction of musical works.

Q53 | Can authors withdraw their works from collective management?

Authors generally have the right to withdraw their works from collective management under certain conditions.

Q54 | How are royalties collected and distributed in Lebanon?

Collective management organizations collect royalties from users and distribute them to rights holders based on usage data.

Q55 | What are the requirements for establishing a collective management organization?

Organizations must meet specific legal requirements and obtain authorization from relevant government authorities.

Q56 | How can I license my copyright in Lebanon?

You can enter into a licensing agreement with users, specifying the scope, duration, and compensation.

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