In brief
On 2 February 2026, Saudi Arabia issued Royal Decree No. M/169 approving a new Copyright Law, by virtue of Cabinet Decision No. 560/1447 dated 27 January 2026. The Law was published in the Official Gazette on 13 February 2026 and will enter into force on 12 August 2026, replacing the 2003 Copyright Law that has governed the Kingdom for more than two decades.
This development marks the most significant overhaul of the Kingdom’s copyright framework in a generation. The new Law introduces a modern, internationally aligned regime designed to address digital distribution, artificial intelligence, online platforms, software licensing, and modern content business models. It also brings the Kingdom closer to international standards, including its existing commitments under the Marrakesh Treaty, and aligns with the wider IP modernisation agenda under Vision 2030.
Key takeaways
The 2003 Copyright Law was issued at a time when digital streaming, cloud services, generative AI, and modern e-commerce were either limited or non-existent. Over the last two decades, Saudi Arabia has emerged as one of the leading digital economies in the region, with significant growth in media, software, gaming, content creation, and platform-based services.
The new Law modernises every layer of the copyright framework. It expands the categories of protected works, introduces a dedicated regime for neighbouring rights (covering performers, sound recording producers and broadcasters), updates duration rules, codifies new exceptions, introduces a statutory framework for collective management organisations, and strengthens both civil and criminal enforcement.
The Implementing Regulation, which will set out much of the operational detail, is to be issued by the Saudi Authority for Intellectual Property (SAIP) within 180 days and will take effect on the same date as the Law.
In more detail
A new institutional set-up
Under the previous law, almost all copyright matters were administered by SAIP. The new Law adopts a distributed model, where different authorities take responsibility for different aspects of the regime:
- SAIP remains the central authority for registration, administration, compulsory licences, and settlement.
- The Ministry of Culture takes over cultural heritage matters and will co-draft a separate regulation for collective management organisations.
- The General Commission for Guardianship of Trust Funds, a dedicated government body, will handle orphan works and works whose authors die without heirs.
- The Zakat, Tax and Customs Authority (ZATCA) assumes responsibility for border measures against infringing goods.
- The Communications, Space and Technology Commission (CST) coordinates with SAIP on the framework applicable to internet content providers.
This new division of responsibilities is a meaningful change for rights holders and users, who may need to engage with different authorities depending on the issue.
Modernised scope and new concepts
The new Law introduces a wide range of new concepts that did not exist under the previous framework, including orphan works, technological protection measures, rights management information, internet content providers, the public domain, cultural heritage, accessible copies, and compulsory licences.
Importantly, broadcasting no longer includes transmission through computer networks. As a result, online streaming and on-demand services now fall under a new statutory “making-available” right, giving rights holders clearer control over digital distribution. The definition of copying has also been broadened to capture digital, cloud, and temporary technical copies.
The new Law also clarifies the scope of protection, expanding the criteria that bring a work within Saudi copyright protection and aligning these with international standards.
A statutory framework for AI, software and online platforms
One of the most notable features of the new Law is its express engagement with technology-driven business models. The Law introduces a statutory exception permitting the copying of works for the purpose of developing artificial intelligence products and algorithms, subject to certain conditions designed to safeguard the interests of rights holders. This is one of the first statutory AI training-data exceptions in the Gulf Cooperation Council (GCC). The Implementing Regulation is expected to clarify how the exception will operate in practice.
The new Law also introduces a safe harbour for internet content providers, shielding them from liability for user infringements where they meet a number of conditions. These include handling content in a purely technical and automatic manner, removing infringing content within a reasonable time once notified, and providing a notification mechanism for rights holders. Platforms operating in the Kingdom should align their content moderation, take-down procedures, and notification tools with this framework.
Software licences are now expressly enforceable as a matter of statute. Shrink-wrap, click-wrap, and installation-time licences will bind purchasers and users, subject only to public order and morality. At the same time, the Law gives owners of lawful software copies a set of specific permitted uses, including backup, maintenance, error correction, interoperability, and security testing.
New rules for employees, commissioned works and contracting
The new Law introduces a statutory work-for-hire regime for the first time. Works created by employees in the course of their employment, and which relate to the employer’s business, will belong to the employer by default. Commissioned works, however, will remain with the author by default unless the parties expressly agree otherwise, a position that may surprise commissioning parties accustomed to the opposite rule. Works created by employees outside the scope of the employer’s business will remain with the employee.
Each of these defaults can be displaced by agreement, but employers, group companies, and commissioning parties will need to review and update their employment, consultancy, and commissioning templates to make sure the position is clearly addressed.
Stronger enforcement and new remedies
Enforcement has been substantially upgraded. Criminal violations will now be prosecuted by the Public Prosecution before the competent court, replacing the previous Violations Committee structure. The maximum penalties have increased significantly compared to the previous law, and penalties are now automatically doubled for repeat offences.
The civil remedies available to rights holders have also been expanded. A rights holder who has suffered direct damage may now seek seizure of infringing items and tools, an order to cease the infringement, compensation that expressly includes the infringer’s profits, and a disclosure order requiring the infringer to identify upstream and downstream parties.
The new Law also introduces an administrative settlement track, allowing a violator to request settlement with SAIP before the matter is referred to the Public Prosecution. Settlement is binding and final, carries the force of a writ of execution, and requires the destruction of infringing items. Importantly, settlement does not extinguish third-party civil claims.
Border measures are now codified at the level of primary legislation, with ZATCA designated as the competent authority in coordination with SAIP.
Other notable developments
- The new Law introduces a formal public domain regime and, for the first time, allows rights holders to voluntarily relinquish their economic rights and dedicate works to the public domain. It also creates the first statutory basis for collective management organisations in the Kingdom.
- Registration of works with SAIP will now give rise to a rebuttable presumption of ownership, a meaningful change from the previous framework, where registration carried no statutory evidentiary effect. For commercial works, employee works, and works with complex ownership chains, registration will become an important risk-management tool.
- The new Law codifies a number of new exceptions, including freedom of panorama for works permanently located in public places, an expanded library and educational institutions exception, and a Marrakesh Treaty-compliant accessibility exception for persons with print disabilities.
- Duration rules are largely preserved, with some important updates that bring Saudi Arabia closer to international norms.
Conclusions
Guidance for clients
- For technology, AI and platform businesses: Businesses developing AI models, operating online platforms, or providing software services should review their data sourcing, content moderation, take-down procedures, and licensing terms in light of the new framework. The Implementing Regulation will clarify several open points, but the direction of travel is clear: the Kingdom is putting in place a modern, internationally aligned regime that both enables and regulates digital business models.
- For content owners and creative industries: Rights holders should consider registering key works with SAIP to benefit from the new presumption of ownership. Publishers, producers, broadcasters, and distributors should confirm that their contractual arrangements are aligned with the new contracting requirements, and review their enforcement strategies in light of the new civil remedies package and the administrative settlement option.
- For employers and commissioning parties: Employment, consultancy, and commissioning agreements should be reviewed and updated to address the new default rules on ownership of works, and to make sure that the allocation of rights is clearly captured in writing.
Strategic implications and outlook
The new Copyright Law is a significant step forward for Saudi Arabia’s IP framework. It modernises the legal infrastructure for the digital and creative economy, strengthens protection for rights holders, brings clarity to fast-evolving areas such as AI and online platforms, and aligns the Kingdom more closely with international standards.
The Implementing Regulation, expected before 12 August 2026, will be decisive on several open points. We will continue to monitor developments and will issue further updates as the regulation is published and as the new framework takes effect.
Need assistance?
Our IP, Technology and Commercial team advises on all aspects of copyright protection, enforcement, and commercialisation in Saudi Arabia and across the wider GCC, including portfolio strategy, contractual updates, AI training data sourcing, platform compliance, software licensing, and enforcement planning ahead of the 12 August 2026 entry into force.
Mona Matouri, Senior Paralegal, has contributed to this legal update.
