Saudi Arabia has spent the past decade transforming its intellectual property landscape as part of its broader economic diversification agenda under Vision 2030. As innovation, technology and digital content become increasingly central to the Kingdom's economy, the legal framework protecting creative works has also evolved.
The new Copyright Law, approved by the Royal Court under Royal Decree No. M/169 on 2nd February 2026 and expected to come into force on 12 August 2026, represents the most significant reform of Saudi copyright legislation in more than twenty years. Once effective, it will replace the Copyright Protection Law issued under Royal Decree No. M/41 of 2003.
While the new legislation modernises the categories of copyright protection and introduces provisions designed for the digital economy, its most notable feature is arguably the significant strengthening of Saudi Arabia's copyright enforcement regime. The reforms reinforce the Kingdom's commitment to protecting intellectual property, increasing legal certainty for rights holders, and creating an environment that encourages investment in creative industries and emerging technologies.
Expanded protection for AI, software and creative works
The new law expands the scope of works protected by copyright to better reflect contemporary methods of creation and exploitation. In addition to recognising traditional literary and artistic works, it expressly includes computer applications alongside computer programs, architectural works, engineering plans and musical works as distinct protected categories.
The legislation also addresses technological developments that were not contemplated under the previous law. One of its most closely watched provisions permits the copying of lawfully acquired works for the development of artificial intelligence products and algorithms, creating a statutory exception specifically designed to accommodate AI development while preserving broader copyright protections.
Software is also given greater regulatory clarity. Rather than relying solely on general copyright principles, the law expressly recognises licence terms accompanying software, whether presented during installation, embedded within storage media or otherwise accepted by the user.
The territorial scope of protection has likewise been broadened. Copyright protection now extends to works created by Saudi nationals and residents, works first published in Saudi Arabia (or published there shortly after their initial publication abroad), audio visual productions created by producers established in the Kingdom, and architectural works constructed within Saudi Arabia. These provisions better reflect the increasingly international nature of creative production and publication.
Enhanced licensing, digital distribution and economic rights
The new law provides authors and rights holders with a more comprehensive set of exclusive economic rights, aligning Saudi legislation more closely with international copyright standards.
These rights include the exclusive authority to reproduce, translate, adapt, distribute, communicate works to the public, authorise online availability, license financial rights and, for certain categories of works such as software, audio visual productions and sound recordings, control commercial rental.
Importantly, the legislation expressly recognises digital distribution and on-demand access rights, acknowledging the commercial realities of streaming platforms, cloud services and other digital business models that now dominate the creative economy.
The law also allows rights holders to appoint collective management organisations or specialised entities to administer their financial rights, introducing greater flexibility for copyright licensing and royalty administration.
Employer and employee ownership rules
One area where the previous law remained largely silent was ownership of works created during employment.
The new legislation addresses this gap by establishing default rules governing employer and employee ownership. As a general principle, copyright in works created by an employee within the scope of their employment belongs to the employer unless the parties agree otherwise. Conversely, where a work falls outside the employer's business activities, ownership remains with the employee.
These provisions provide much-needed certainty for businesses operating in sectors such as software development, media, publishing, architecture and design, where questions of ownership frequently arise.
Expanded exceptions and permitted uses
Alongside stronger rights, the legislation also introduces a considerably more detailed framework governing permitted uses of protected works.
Among the new exceptions are provisions allowing:
- copying of lawfully acquired works for AI development;
- incidental inclusion of works appearing in public places;
- preservation and digitisation activities by libraries and archives;
- reproduction for exhibition and auction catalogues;
- temporary technical copies created during digital transmission;
- accessible format copies for persons with disabilities, consistent with the principles of the Marrakesh Treaty.
These exceptions are subject to the internationally recognised three-step test, ensuring that permitted uses do not conflict with the normal commercial exploitation of a work or unreasonably prejudice the legitimate interests of rights holders.
By incorporating this balancing mechanism, the legislation seeks to encourage innovation while maintaining meaningful protection for copyright owners.
New registration and licensing framework
Although copyright continues to arise automatically upon creation, the new law introduces a formal registration system administered by the Saudi Authority for Intellectual Property (SAIP).
Registration is voluntary but provides a rebuttable presumption of ownership and allows subsequent assignments, licences and amendments to be formally recorded. This is expected to strengthen evidentiary certainty in disputes and facilitate commercial transactions involving copyright assets.
The compulsory licensing framework has also been modernised, replacing the more restrictive approach under the previous legislation with a broader mechanism that allows greater flexibility in appropriate circumstances while maintaining safeguards for rights holders.
Strengthened enforcement and increased penalties
Perhaps the most significant development introduced by the new law lies in its enforcement provisions.
Saudi Arabia has steadily strengthened its intellectual property enforcement infrastructure in recent years, and the new legislation builds upon those institutional reforms by providing authorities with broader investigative powers, stronger penalties and more effective judicial remedies.
One of the most notable changes is the transfer of criminal enforcement from the Ministerial Violations Committee to the Public Prosecution. This follows the establishment of the specialised Intellectual Property Prosecution and signals a clear shift towards treating serious copyright infringement as a matter of criminal enforcement rather than administrative regulation.
The law also expands the categories of actionable infringement. In addition to traditional acts of unauthorised reproduction and distribution, liability now extends to conduct such as circumventing technological protection measures, removing or altering rights management information and commercially importing or possessing infringing copies.
Penalties have also increased considerably. Courts may impose imprisonment of up to one year, fines of up to SAR 1 million, or both. Repeat offenders face enhanced sanctions, with maximum penalties capable of being doubled in specified circumstances.
Beyond criminal penalties, rights holders benefit from a broader range of civil remedies. Courts may order injunctions, seizure of infringing goods, compensation, recovery of profits generated through infringement and disclosure of information identifying infringers and their commercial networks. Collectively, these measures strengthen both deterrence and the practical ability of rights holders to enforce their rights.
The legislation also introduces safe harbour provisions for internet service providers, limiting liability where intermediaries play only a technical role, lack knowledge of infringing activity and respond appropriately to notices requiring removal of infringing content. These provisions aim to strike a balance between effective enforcement and the continued operation of digital platforms.
Finally, the law establishes a formal settlement mechanism allowing certain copyright violations to be resolved administratively before referral to the Public Prosecution. While settlement may conclude criminal proceedings upon payment of an approved amount, it does not affect the ability of rights holders to pursue separate civil claims.
The future of copyright protection in Saudi Arabia
Saudi Arabia's new Copyright Law reflects more than a routine legislative update. It forms part of a broader strategy to position the Kingdom as a regional centre for innovation, technology and creative industries by strengthening confidence in its intellectual property system.
While the legislation modernises copyright protection for the digital economy, its most significant contribution is arguably the reinforcement of enforcement mechanisms. By expanding available remedies, strengthening institutional oversight and introducing clearer rules for both rights holders and users, the law provides a more predictable and effective framework for protecting creative works.
As the Kingdom continues implementing its National Intellectual Property Strategy and broader Vision 2030 objectives, these reforms are likely to play an important role in encouraging investment, supporting knowledge-based industries and fostering long-term innovation.
