What Does Plagiarism Law in Saudi Arabia Look Like?

With the development of life and the independence of the Arab countries, the United Nations became interested in protecting intellectual rights. If we may, the Arabs may have the advantage of being the first in this field. This is due to their keenness to know the chain of transmission in the literary innovations transmitted by successors to the predecessors, especially the Prophetic hadiths.

To find out if this is true, the team at Khalaf Bandar | International Advisors PLLC decided to address the issue of plagiarism of Arabic poetry from its legal aspect. We focused on Nabataean poetry, due to its cultural importance and historical dimensions in the Arabian Gulf region.

Plagiarism in Arabic Poetry

The issue of plagiarism of Arabic poetry is an ancient issue that has literary, cultural, and historical connotations. This issue casts doubt on the authenticity of Arabic poetry that – when it was previously recorded – attributed credit to someone other than its author. We’re not focusing on the motives for why someone would do this.

This accusation was not attributed only to the poetry, but it was attributed to many literary texts that preceded codification. It should be noted that the issue of plagiarism continues even after the proper narrator is credited.

The Basis of Arabic Poetry

We believe that the issue of plagiarism of Arabic poetry is the basis of the crime of plagiarism, and this is the basis we will address in our discussion of the issue of plagiarism. The Arabic language refers to:

• The theft of the same literary texts
• The theft of the idea of ​​the literary texts
• The communication of thoughts or what is called the impact of the hoof for the sake of simplicity and an explanation of its provisions in the Saudi system.

When we talk about literary plagiarism, plagiarism often comes to mind as the appropriate legal description. Stealing poems was known to the Arabs before Islam.

Plagiarism in Literature

This criminal act is committed when the poet’s parental right is violated. That is, a person wrongfully attributes a whole poem or part of it that someone else wrote to himself. Comparative legislation almost unanimously agrees to criminalize this picture, including the international Berne Convention.

This guaranteed the protection of the literary rights of the author (the poet). Provided that this disposal is not accompanied by a legitimate justification, such as the previous sale of the work or assignment without compensation.

Perhaps the most prominent example cited from Nabati poetry is a verse by the Saudi poet Muhammad Al-Dahimi, as many poets attribute this verse to themselves, and it is almost difficult to count them. Al-Dahimi says:

• “It is enough, you see, it is enough to shake the hookahs, and if it were not for the timing, I would not have said it is enough.”

The Punishments For Plagiarism in Literature

In any case, the poet’s death is not a justification for stealing his poems. This is because the author’s rights are transferred to his heirs, and if he has no heirs, they are transferred to the competent authorities.

However, the difficulty of proving ownership of the poem, especially if it was stolen before publication, increases the complexity of the issue. Whoever commits this crime exposes himself to a financial penalty that may reach two hundred and fifty thousand riyals, imprisonment for a period of up to six months, or both, in addition to the other penalties stipulated in the system.

There have been exceptions, such as quoting, and it is according to the poetic custom, which stipulates that it should be limited to two verses and no more. Examples of quoting someone else’s verses and including them in a new poem are what the poet Muhammad bin Futais Al-Marri said:

• “Whoever comes back does not intend to come and does not turn around half of it that I have memorized, and I do not know from whom.”

The poet here quoted part of it, which is: “He who comes does not repent and does not know about it,” and indicated that he does not know who said it, and this is a matter of literary responsibility.

As for stealing the poetic idea or the intended meaning of the poem, this has been common among poets since the pre-Islamic era, and in fact, this act does not constitute a crime in itself.

Comparative Intellectual Property Laws

Comparative intellectual property laws, especially the Berne Convention, do not grant protection to ideas unless they are transformed into an innovative poetic form. Thus, poets may draw inspiration from the poems of others, so the former has the advantage of precedence and the latter has the advantage of increase.

Supportive References

Sometimes the poet fails to match the power of the first innovation and for the picture to become clear. We cite the verse of Bashar bin Burd, who said:

• “Whoever watches the people does not achieve what he needs and wins the good things that kill him.”

With the same idea, the poet Salam bin Amr bin Hammad composed, saying:

• “Whoever watches the people dies of worry and wins the bold pleasure.”

Perhaps Ibn Amr attained the virtue of increase and was even immortal. His home, to this day, has become one of the likes of the Arabs and the eyes of Arab poetry. Likewise, Abu Nawas said:

• “A circle of young men whose time has passed, and it does not happen to them except what they wish.”

In this context, Ibn al-Rumi said an equally powerful verse, and we see that it is more beautiful than what Abu Nawas said in describing fate. Ibn al-Rumi says:

• “And people insist on the doctor, but it is a mistake.”
• “The doctor is the affliction of fate.”

Among Nabataean poetry is what Prince Ubaid Al-Ali Al-Rashid Al-Shammari said:

• “Consult with you about raids and battles. You will see the ants’ disappearance and their striving with flight.”

Where the contemporary poet Khalaf bin Hazal Al-Otaibi represented this meaning, saying:

• “The ants do not have feathers except because they have run out, which is proven.”
• “For you, there is nothing but rain.”

Also, what the poet Abdul Rahman Al-Dawish invented when he said:

• “The door is open to the free and open to the shy, and the foreigner does not fear him.”

Based on these thoughts, Muhammad bin Shalah Al-Mutairi said:

• “The hope of honor and the joy of the door is for the guest, where the one who walks is shy and does not call.”

Were These Examples Plagiarism?

After reviewing these examples it became famous among the Arabs in the Arabian Peninsula. We find that the idea is the same, but the poetic image is innovative and original and was not preceded by its poet.

Perhaps the latter had the advantage of adding, and perhaps the earlier had the advantage of precedence and increase due to the power of casting, which the poets after him were incapable of. We conclude that repeating an idea is not considered a crime according to the custom of poets, nor according to the rule of Saudi law and the Berne Convention.

Concerning the communication of thoughts or the impact of a hoof with a hoof, this overlaps with the legal description of plagiarism, and therefore we saw that the criterion for distinguishing between them is that it does not exceed one part only, either the front or back of the verse. It is very rare for the hoof to land on a complete line of poetry.

As mentioned in the story of the knight Iqab bin Saadoun Al-Awaji, where the temporal and spatial discrepancy between the two poets was proven, it is therefore considered a poetic incident that is not repeated often, and if it does occur, it must be verified and presented to experienced professionals.

How To Solve This Issue

In conclusion, I would like to submit a proposal to the Gulf Cooperation Council to establish a unified electronic portal that requires the poet to include his poem before publication or public performance. Through this portal, a license will be given to chant, sing, or even sell it. Thus, poets can prove their ownership of their poems, and reduce poetic disputes in the arena.