Saudi Arabia's New Copyright Law: Key Changes And Practical Steps For Businesses

Royal Decree No. M/169 – published in Umm Al-Qura (Issue 5144)

Saudi Arabia has issued a new Copyright Law (the Law), replacing the 2003 regime (Royal Decree No. M/41) and introducing a more modern framework for copyright and neighbouring rights. The Law was approved by the Council of Ministers (Decision No. 560) and published in the Official Gazette (Umm Al-Qura) on 13 February 2026.

Although many of the Law's concepts will feel familiar, several provisions are likely to materially change contracting practices, enforcement risk and compliance expectations for businesses operating in the Kingdom – particularly in the technology, media, entertainment, publishing, software and platform sectors.

1. Timing and transition

The Law enters into force 180 days after publication in the Official Gazette. The Saudi Authority for Intellectual Property (SAIP) Board must issue implementing regulations within 180 days of issuance of the Law, and those regulations will apply from the Law's entry into force (currently expected on 12 August 2026).

The Law also contains transitional provisions to preserve protection for works that were already protected under the previous regime, provided protection has not expired under the earlier law and is not terminated in the relevant country of origin.

2. Employment and commissioned works: statutory "work-for-hire" (Article 18)

Article 18 introduces an express default rule for works created in the course of employment:

• If an employee creates a work during employment and the work relates to the employer's activities/business, the author's rights vest in the employer (unless agreed otherwise).
• If the employee's work does not relate to the employer's activities/business, the employee retains the financial rights (unless agreed otherwise).
• Where a work is created "for the account of" another person, financial rights remain with the author unless agreed otherwise.

This change reinforces the need for clear internal IP policies (including on scope of duties, permitted side projects and the use of third-party contractors) and for well-drafted assignment/licence language in employment, consultancy and outsourcing agreements.

3. AI development and text/data mining: a targeted copying exception (Article 26(4))

The Law expressly permits, without author permission and without compensation, the copying of an original work for purposes of developing AI products and algorithms – provided that:

• the work has been legitimately published;
• ownership of the original copy has been obtained lawfully; and
• copying is limited to what meets the purpose.

We expect that the "limited to what meets the purpose" condition is likely to become a practical compliance benchmark. Organisations that can evidence (i) lawful provenance of training materials and (ii) proportionality (e.g., data minimisation, retention limits, dataset governance and audit trails) may be better placed to defend challenges, de-risk investments and respond to partner due diligence as the implementing regulations and market practice develop.

4. Online platforms and hosting providers: conditional limitation on liability (Article 49)

Article 49 provides that an internet content provider will not be considered a party to infringement committed by users, if all of the following conditions are met:

• the passing, routing, storage and display of data is purely automatic and technical;
• the provider does not modify content, except for limited technical/automatic changes necessary for transmission (or changes requested by the user in relation to their own input, where the provider did not know and could not have known the change infringed third-party rights);
• the provider had no knowledge of infringement and there were no apparent circumstances indicating such knowledge;
• the provider removes infringing content within a reasonable time after becoming aware of it; and
• the provider has put in place the necessary measures to enable right holders to notify infringement.

The Council of Ministers has directed SAIP to coordinate with the Communications, Space and Technology Commission (CST) when setting the implementing rules for Article 49. This makes it likely that we will see a more operational, platform-governance style regime (potentially resembling notice-and-takedown mechanics) rather than a purely high-level legal test. Businesses operating user-generated content platforms should treat Article 49 as a compliance programme.

5. Enforcement, penalties and remedies (Articles 47–48 and related provisions)

The Law significantly strengthens enforcement. Key developments include:

• Criminal penalties: imprisonment of up to one year and/or a fine of up to SAR 1,000,000 for specified infringements, with higher penalties for repeat offenders.
• Repeat offender definition: a person is considered a repeat offender if they reoffend during execution of the penalty or within three years after it is executed (or ends by pardon).
• Expanded enforcement tools: SAIP inspectors have inspection and evidence-gathering powers, and the Public Prosecution investigates specified offences.

The criminalised conduct includes (among other things) commercial exploitation without authorisation, false claims of ownership, widespread unauthorised distribution, unauthorised reprinting, circumvention of technical protection measures, unlawful removal/alteration of electronic rights-management information, distributing works knowing such rights-management information has been removed/altered, manufacturing/selling/importing devices designed to circumvent technical protection measures, and importing or retaining infringing copies for commercial purposes.

Separately, right holders may pursue civil claims before the competent court, including injunctive relief, seizure measures and compensation (including the profits gained by the infringer).

6. Registration: not mandatory, but strategically useful (Article 42)

Copyright protection arises automatically, and registration is not a condition of protection. However, registration with SAIP is expressly recognised as a rebuttable presumption of ownership. The registration system also allows recording of changes and dispositions affecting rights.

For rights holders, registration can be a practical way to strengthen evidence in enforcement, support licensing/financing transactions and streamline due diligence.

7. Collective rights management: a developing market (Article 41)

Article 41 expressly permits rights holders to delegate management of all or part of their financial rights to associations, companies or other entities, subject to the Law and other applicable regulations. The Council of Ministers' decision accompanying the Law instructs SAIP (in agreement with the Ministry of Culture) to prepare a regulatory framework for collective management.

If collective management organisations and tariff/licensing frameworks develop quickly, this could materially change the compliance and cost landscape for venues, hospitality, entertainment, retail and digital platforms that use music and other protected content. Conversely, it creates a clearer monetisation route for rights holders. Mapping in-business uses of protected works now (and budgeting for potential licensing) can help avoid reactive compliance once the regulatory framework is issued.

8. Orphan works and works with no heirs (Articles 1 and 20)

The Law defines "orphan works" and provides that, in certain cases (including orphan works and where an author dies without a general successor), the author's rights vest in the competent authority. The Council of Ministers has specified that the competent authority for Article 20 is the General Authority for Guardianship of Funds of Minors and Those in Similar Circumstances. Implementing regulations will set out the practical procedures.

9. Scope of protection and reciprocity (Article 2 and Royal Decree / Council of Ministers provisions)

The Law applies to, among other things: works of Saudi authors or KSA residents; works first published in the Kingdom (or published abroad and then in the Kingdom within 30 days); certain audiovisual works where the producer is headquartered/resident in the Kingdom; and architectural works constructed in the Kingdom.

The Royal Decree and Council of Ministers decision also provide that protection may be restricted where a foreign state does not protect Saudi citizens under international agreements and treaties – a point that international rights holders should factor into risk assessments and enforcement strategy.

This is a generational reform of Saudi copyright law, introduced in the context of Vision 2030 and the Kingdom's expanding creative and digital economy. The implementing regulations will be critical in determining how the most operational provisions (particularly around AI and platform governance) will apply in practice. Businesses that prepare early will be better positioned to reduce infringement risk and to capture commercial opportunities as the market evolves.

Businesses should consider how the new regime interacts with their existing contracts, innovation models and asset protection strategies. Z&Co regularly advises on aligning commercial documentation and governance frameworks with regulatory reform in the Kingdom's evolving IP landscape.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.