Copyright Law in Iraq: All Bark, No Bite

On January 28th, 2008, the Iraqi Ministry of Culture and the IZDIHAR Project co-hosted Iraq’s first Iraqi Copyright Awareness Conference. While it was awarded minimal media coverage, the rare congregation of authors, creators, painters, innovators and government representatives exemplified the manner in which the political and social landscape is shifting in post-Saddam Iraq. The conference illuminated issues surrounding the existing copyright regime in Iraq and raised questions regarding reforming the current laws to accommodate for the needs of authors, businesses, software programmers and innovators. “Improvements” such as increased penalties, rapid judicial enforcement and policy alignment with the World Trade Organization were brought to the forefront of the discussion.

Abdul Haidi Khdum, a renowned Iraqi author, emphasized the relevance of copyright issues in the lives of Iraqis through recounting his own lost opportunities due to the illegal translation of copyrighted material abroad. He also mentioned the importance of copyright enforcement abroad, which facilitates receiving royalty fees that enable authors to sustain their work.

As the event came to a close, Ali Omar Fatah, Chief Legal Counsel of the Ministry of Culture stated that

[The conference] showed the importance of Intellectual Property Rights (IPR) reform to stimulate Iraqi innovation, protect its cultural and artistic creations, advance the Iraqi economy and increase our country’s standing as an advanced nation in the global trading community.

This conference was touted as a wonderful opportunity to reach out to a very fragmented community of Iraqi artists, creators and innovators. However, it also served to forward the interests of the business community through steering the focus towards Iraq’s accession into the World Trade Organization.

In April 2004, Paul Bremer, the Director of Reconstruction and Humanitarian Assistance in Post-War Iraq, amended Copyright Law No. 3 of 1971 and instilled the current copyright regime in Iraq. The amendments were made to ensure that Iraqi copyright law met current internationally-recognized standards of protection and aimed to incorporate the modern standards of the World Trade Organization into Iraqi law. While the amendments made by Bremer do align the Iraqi copyright regime with the World Trade Organization standards, the fact that the conference held in January 2008 calls for enforcement of the laws through increased penalties alludes to the fact that the laws are quite bulimic. Without proper enforcement, the copyright laws are useless.

I had difficulty finding information regarding the enforcement of copyright laws in Iraq since 2004. However, as an Iraqi who lived in Baghdad during the regime of Saddam Hussein, I am having trouble reconciling the tensions that lie between the lines. On one hand, I recognize that one conference cannot possibly facilitate the change required to adequately protect the authors, innovators and creators from copyright infringement. I also recognize that this whole discussion of enforcing copyright laws in Iraq could be another guise by which the Iraqi people are further marginalized as a result of policies reforms stemming from the World Trade Organization.

I believe that the mere mention of an Iraqi Copyright Awareness Conference is a phenomenon in my mind. No more than a decade ago. authors in my family censored their articles and written pieces in fear of their lives. The notion of a congregation of authors and government officials discussing copyright issues was a laughable idea in a world where free press and freedom of expression was non-existent.

While the country is in the midst of intense political turmoil and the borders have been pried open to allow a surge of economic opportunities to flow into Iraq, the importance of establishing an Intellectual Property Rights regime that is robust and works for the interests of the Iraqi people becomes a pressing issue. The more I contemplate this issue, the number of questions I have increases as the number of answers I gain depletes, which is reflective of my experience Intellectual Property Law in general. IP is a messy and unclear labyrinth riddled many obstacles. There is very little indication that the improvements raised at the conference will actually be implemented. The odds are quite high that the status quo will be maintained and as such, Iraqi copyright law will remain an anorexic framework of empty promises. Without proper enforcement, we are faced with policy that is, once again, all bark and no bite.


“Awareness Conference Highlights the Need to Reform the Copyright Regime in Iraq”


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One Comment
  1. The IP initiative undertaken is surprising when considering the serious issues facing Iraq. In the midst of all the violence, one usually does not expect a “Copyright Awareness Conference”. The laws advance the future economic infrastructure of Iraq by protecting the valuable intellectual commodities and setting the groundwork for eventual WTO membership. The congregation of authors, creators, painters, and innovators is in part motivated by economics; however, economics fails to completely elucidate the exceptionally strong support. First, IP may seem irrelevant when considering the other overwhelming problems hindering any immediate economic sustainability. Second, as stated, the laws are currently ineffective as there is little enforcement.
    This IP initiative is a strong illustration of possibly the most fundamental purpose of IP, the psychological benefits of having one’s thoughts protected. Canadian IP discussion focuses on concrete justifications for the area of law. This story is a unique opportunity to observe a basic IP purpose. Even in a time of crisis, IP remains a primary concern because it serves the fundamental need for expression and achievement, and having those rights protected is arguably more important than rights over physical property. This psychological benefit is usually lost in the language of rights to income and economics. The pursuit of IP as a primitive right by Iraqis is a demonstration that IP goes beyond economics; it is a fundamental human right.

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