Key Takeaways:

• Copyright protection for paintings is automatic under Qatari law and the Berne Convention
• False attribution and unauthorised copying are actionable under both civil and criminal law
• Qatari law grants artists strong moral rights, including perpetual rights of attribution and integrity
• Cross-border copyright enforcement presents practical challenges
• Digital use of artworks is strictly regulated; reposting without permission generally constitutes infringement
• Qatar does not recognise a general ‘fair use’ defence

Why This Matters Now

A recent public scandal involving an Egyptian actress who falsely claimed several paintings by foreign artists as her own has brought renewed attention to the legal and reputational risks of misattribution in the digital age. Although the case arose abroad, it highlights the increasingly global nature of such disputes.

In a region where cultural production is flourishing and visual art frequently intersects with social media, understanding the legal boundaries of creative ownership is essential, not only to preserve reputation, but to enforce rights before they are misused or lost in the online sphere.

How Copyright Protects Paintings and Art in Qatar

Qatar’s Copyright Law recognises the importance of artistic expression from the outset. Under Law No. 7 of 2002 on the Protection of Copyright and Neighbouring Rights (“Copyright Law”), original artistic works including paintings, drawings, and other visual creations receive automatic protection once they are created and expressed in a recognisable form.

Qatar is also a party to the Berne Convention for the Protection of Literary and Artistic Works, which requires member states to extend national treatment to works originating in other member countries.

Crucially, copyright protects the form in which an idea is expressed—not the idea itself, nor the artistic style or concept. Originality remains the touchstone.

This foundation gives rise to deeper questions of creative ownership and attribution, especially when multiple contributors are involved or works are publicly shared.

Originality and Authorship: Who Owns the Brush?

Under Qatar’s Copyright Law, the author is the natural person who creates the work. Where several individuals contribute to a work, the law may recognise them as co-authors, particularly if their contributions are not easily separable. While Article 11 prohibits the assignment of future intellectual production, the concept of joint authorship is developed through Article 33 (general co-authorship), Article 36 (audiovisual works), and the definitions in Article 1.

Economic rights may be assigned or licensed, but moral rights—such as the right of attribution—are inalienable during the author’s lifetime and pass to their heirs upon death as per Articles 10–13 and 17.

False Attribution and Copyright Violations under Qatari Law

Misrepresenting authorship is more than an ethical lapse; it may give rise to legal consequences. Under Qatar’s Copyright Law, unauthorised publication, modification, or use of a protected work, including acts involving false attribution, can constitute a criminal offence in certain circumstances. Sanctions include imprisonment for a period ranging from six to twelve months, a fine between QAR 30,000 and QAR 100,000, or both.

Moral rights, as set out in Articles 10 to 13 of Copyright Law and in Article 6bis of the Berne Convention, include the right of attribution. A false claim of authorship, even in the absence of direct copying, may amount to a violation of these rights and give rise to legal liability.

Where such violations occur, artists have access to a range of civil and criminal remedies under Qatari law.

Legal Remedies for Copyright Infringement in Qatar

Artists may apply to the civil courts for injunctive relief, monetary damages, or a formal correction of authorship.

• Criminal Enforcement: In serious cases, especially those involving commercial exploitation, the Public Prosecutor may initiate proceedings.

• Cross-Border Enforcement: As a Berne Convention signatory, Qatar grants national treatment to foreign rights holders, ensuring their works receive the same protection as those of Qatari nationals. However, the enforcement of foreign court judgments in Qatar, such as those awarding damages or injunctive relief, requires recognition by the local courts. This process is subject to procedural requirements under Qatari law and may be denied if the judgment is found to conflict with public policy.

Given the scarcity of published case law in this area, particularly relating to visual art, much of the practical guidance available stems from statutory interpretation, regulatory experience, and practitioner insight.

Organisations such as Interpol and WIPO may offer limited assistance in transnational disputes, though effective remedies often depend on local legal infrastructure.

Digital Art Infringement and Social Media Risks in Qatar

Legal protections for artists apply to digital environments as well. Reposting, screenshotting, or otherwise duplicating artwork on social media without permission may infringe the artist's exclusive rights of reproduction and communication to the public, as provided in Article 7 of Qatar’s Copyright Law. Depending on the circumstances, such acts may also give rise to civil or criminal liability under Articles 47 to 51.

Crediting the artist may reflect good intent, but it does not cure infringement where consent is absent. 

Although platforms may respond to takedown requests, informal remedies are not a substitute for formal enforcement under Qatari law

Are There Fair Use Exceptions under Qatari Copyright Law?

Unlike the U.S. ‘fair use’ doctrine (which allows broad, case-by-case exceptions based on flexible criteria), Qatari copyright law recognises only narrowly defined statutory exceptions. Even so, not every use of artwork without permission amounts to infringement.

Qatari law permits only a limited set of statutory exceptions:

• Private use: Permitted for personal enjoyment through reproduction, translation, or performance, provided it does not conflict with the normal exploitation of the work or unreasonably prejudice the legitimate interests of the author (Article 18).

• Teaching and quotation for criticism: Quotation is permitted for purposes such as teaching, illustration, or criticism, provided the author and source are credited, and the use is justified and within acceptable practice (Article 18(3) of the Copyright Law, consistent with Article 10 of the Berne Convention).

• News reporting: Reproduction or public communication of articles on current political, economic, cultural, or religious topics, whether in print or broadcast, is permitted under Article 19, provided the author has not explicitly reserved rights and the source and author are properly credited

• Library and archive reproduction: Reproduction by libraries and archives is permitted in limited circumstances, such as making a single copy for preservation or replacing a lost or damaged copy, provided that no other copy can be obtained through reasonable means, no collective licence is available, and the reproduction is not for direct or indirect commercial advantage (Article 21).

Even where an exception applies, attribution is required and the use must not unreasonably prejudice the legitimate interests of the author.

Artist’s Moral Rights under Qatari Copyright Law

Moral rights protect the bond between artist and creation. They include:

• Right of attribution: The right to be namedor to remain anonymous.

• Right of integrity: The right to object to distortion or alteration that harms reputation or honour.

These rights are inalienable during the artist’s lifetime and pass to the artist’s heirs upon death (Article 17).

A 2020 decision by the European Union Intellectual Property Office (EUIPO) illustrates how anonymity can complicate the enforcement of creative rights. In that case, the EUIPO invalidated a trademark registration for Banksy’s iconic “Flower Thrower” image, finding that the artist’s refusal to reveal his identity, together with his lack of commercial intent, undermined his legal claim. Although the decision concerned trademark law, it serves as a cautionary example. Under Qatari law, moral rights are personal, perpetual, and inheritable. Their enforcement, however, generally requires that the author be identifiable.

What Counts as Copyright Infringement in Artistic Inspiration?

Taking inspiration is lawful; copying is not.

Qatari law does not define a specific ‘substantial part’ test. This aligns with Article 4(3) of the Qatari Copyright Law law, which confirms that ideas, procedures, and methods are not subject to copyright protection.

Best Practices

For Artists:

• Document authorship by signing and dating all original works.
• Retain sketches, emails, or drafts to demonstrate originality if challenged.
• Consider using digital watermarks or blockchain services to track use online.
• Regularly review image search tools to detect unauthorised distribution.

For Public Figures, Influencers, and Collectors:

• Do not claim or imply authorship where none exists.
• Always request permission before reposting.
• Share via built-in platform tools, not screenshots.
• Seek legal advice if uncertain.

Conclusion

Copyright law in Qatar offers a durable framework for protecting the rights of visual artists.

Strengthened by international commitments and rooted in moral rights doctrine, it provides both clarity and recourse.

Still, enforcement, particularly in digital contexts or across borders, demands vigilance and a proactive approach. Today, creative work spreads rapidly across digital platforms. Respecting authorship is not only professional courtesy; it is a legal obligation.

This article is provided for general information purposes only and does not constitute legal advice. Each case in Qatar is assessed on its own facts and merits, and nothing herein is intended to be an authoritative statement of the law