INTELLECTUAL PROPERTY, CULTURAL SOVEREIGNTY, AND THE CASE FOR A COLLECTIVE MANAGEMENT ORGANIZATION IN THE ARAB REGION

Abstract

In many Arab states, collective management organizations are meant to protect creators and ensure fair compensation, yet the systems behind them remain underdeveloped or absent. This thesis compares models from France, Japan, South Africa, and the United States to show that legal frameworks do not guarantee effective support for creators. We are at an inflexion point. Written at a time when a distinct zeitgeist is emerging in the Arab world around rights management, and as scholars alike strive to make contributions towards these global changes, this paper captures a moment of opportunity. Drawing on a blend of comparative law, socio-legal analysis, and doctrinal critique, this research uncovers the gap between legal models and the lived experiences of creators and their environment in the Arab region. To bridge this divide, the study outlines a five-part policy framework centred on legal reform, better institutional design, improved digital systems, capacity building, and regional integration. This research offers a promising path towards reform for the music industry and benefits society at large. But it also acknowledges the limitations imposed by the static nature of current intellectual property and regional laws in the Arab world.

Date of Award	2023
Original language	American English
Awarding Institution	HBKU College of Law