أسئلة وأجوبة
What to do if my painting is copied and displayed in public without my permission?
Dear Sir/Madam,
I recently discovered that one of my paintings has been copied and displayed for 2 years in a public space/establishment in Abu Dhabi. I created the painting in 2018 for the celebration of the Year of Zayed.
I noticed it last Sunday when I passed by the establishment. I tried to communicate with the project manager through a call and WhatsApp, but he didn't answer.
He replied once saying he would check, but never got back to me. I also tried to email the company but didn't receive any response. I exhibited the painting in the same year, and I still have it with me.
I never agreed to anyone using my painting or waived my rights to it. Now, my question is: do you think this is a form of plagiarism?
Can you give me advice? As an artist, I feel this is not right.
Dear Inquirer
We are pleased to serve you and address your inquiries.
If the painting you painted is permanent, you have the right to it, you can take legal action against the infringer of your right.
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Law Firm
Legal Counsel and Consultations
Hello,
If it appears that your painting is displayed in a public Abu Dhabi establishment, it is a copyright infringement.
Copyright automatically protects your work upon creation.
Gather the evidence of the same and consider filing a complaint with the Ministry of Economy.
If you need any assistance, we can provide you with the service.
Kindly share your WhatsApp number to proceed.
Dear Questioner,
Yes, it is considered plagiarism, and no party has the right to display it without your written consent.
You can sue them and demand compensation.
For further inquiries about your topic, you can reach our office or contact us via WhatsApp or email.
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, according to UAE copyright law, your painting is protected as soon as it is created and does not require registration.
Therefore, if someone has copied and displayed your painting without your permission, it is considered copyright infringement.
In this case, you have the right to take legal action against the establishment for using your painting without your consent.
You can start by sending a formal cease and desist letter, requesting them to remove the painting from display and to compensate you for the unauthorized use of your work.
If they do not comply with your request, you can file a complaint with the Ministry of Economy's Department of Intellectual Property Rights.
They will investigate the matter and take appropriate action, which may include imposing fines and ordering the establishment to stop using your painting.
It is also recommended to consult with us as a lawyer who specializes in UAE law to guide you through the legal process and protect your rights as an artist.
In conclusion, it is important to take action to protect your intellectual property rights and ensure that your work is not used without your permission.
Kindly do not hesitate to contact us via phone or email for further inquiries.
Greetings,
Dear Sir,
Based on the information you have provided, it appears that the unauthorized use and display of your painting in a public space/establishment in Abu Dhabi without your consent could constitute copyright infringement and a violation of your intellectual property rights as the creator of the artwork.
Under the United Arab Emirates (UAE) Federal Law No. 7 of 2002 concerning Copyrights and Neighboring Rights, your original artistic work, such as a painting, is considered a protected work, and you, as the author, hold the exclusive rights to authorize or prohibit certain acts, including the reproduction, display, or distribution of your work.
Displaying your painting in a public space without your permission or a valid license can be considered an infringement of your copyright.
The fact that you created the painting in 2018 and have not signed any document granting permission for its use by others strengthens your claim of infringement.
As an artist, you have the right to protect your intellectual property and creative works from unauthorized use or exploitation.
Collect as much evidence as possible, such as photographs or videos of your painting being displayed in the establishment, along with any communication records you have with the project manager or the company.
You can also send a formal letter, you should clearly state that your work is being used without your permission, demand that they immediately stop the unauthorized use, and request compensation for the infringement.
If the establishment or company fails to respond or continue the unauthorized use, you may consider filing a complaint with the relevant authorities in the UAE, such as the Ministry of Economy or the Courts.
It is important to note that the UAE has strict laws regarding intellectual property rights, and infringement can result in civil and criminal penalties.
Kindly contact us for further legal assistance.
Regards,
Dear Questioner,
Thank you for reaching out to me with your concern regarding the alleged plagiarism of your artwork. I understand the distressing situation you are facing, and I'm here to provide you with the necessary legal guidance.
Based on the information you've provided, it appears that your painting has been copied and displayed without your permission in a public space in Abu Dhabi. This raises serious concerns about intellectual property rights and potential copyright infringement.
As the creator of the painting, you hold the copyright to your work automatically upon its creation, as per the UAE copyright law.
The unauthorized copying and display of your artwork without your consent may indeed constitute plagiarism and infringement of your intellectual property rights.
To address this issue effectively, I recommend taking the following steps:
- Document Evidence:
Gather all evidence related to the creation of your painting, including any photographs, sketches, or records of exhibitions where the painting was displayed.
- Cease Communication:
If attempts to communicate with the project manager and the company have been unsuccessful, refrain from further attempts for now to avoid any potential complications.
- Consult Legal Representation:
It is advisable to seek legal advice from an experienced intellectual property lawyer who can assess the situation in detail and advise you on the best course of action.
- Legal Action:
Depending on the circumstances, legal action may be necessary to enforce your rights and seek remedies for the infringement. This may include sending a cease and desist letter, pursuing damages, or initiating litigation if necessary.
I understand that this situation may be concerning for you, but please rest assured that I am here to provide you with the necessary legal support and representation to resolve this matter effectively.
Please feel free to reach out to me via WhatsApp or by phone to discuss your situation further and schedule a consultation. I am committed to protecting your rights as an artist and ensuring a favorable outcome in this matter.
