Entertainment Litigation in the UAE: An overview

The UAE’s thriving entertainment industry, driven by major events, film production, music festivals and digital content creation, has given rise to a unique set of legal disputes. As the region continues to position itself as a global entertainment hub, the legal landscape for resolving disputes in this sector becomes increasingly critical.

In this article, I will brief you on the key issues in this sector.

Key Areas of Entertainment Litigation

1. Intellectual Property (IP) Disputes.

This covers copyright infringement, trademark disputes, and unauthorised use of creative works. As an example, a production company alleging that its copyrighted film script was used without authorisation by another filmmaker.

Such disputes are dealt with by the UAE Copyright Law No. 38 of 2021 on Copyright and Related Rights, the Federal Decree-Law No. 36 of 2021 on Trademarks and membership in international treaties like the Berne Convention and TRIPS Agreement.

2. Contractual Disputes

This includes areas such as breaches of contracts for talent agreements, event management, sponsorships, and distribution rights. A celebrity filing a claim against an event organiser for failing to honour payment terms in an endorsement agreement could illustrate such disputes.

The UAE Civil Code provides principles on contract formation, execution, and breach. Arbitration clauses often included in contracts to ensure confidentiality.

3. Defamation and Reputation Management.

Common issues include claims of reputational harm from false statements in media or online platforms. A public figure suing a media outlet for publishing defamatory content.

The Federal Decree-Law No. 34 of 2021 on Combatting Rumours and Cybercrimes governs online defamation while the UAE Penal Code addresses defamation in traditional media.

4. Event Cancellation and Force Majeure.

This includes disputes over refunds, penalties, and obligations due to event cancellations or postponements (e.g., during COVID-19). A concert promoter, for instance, suing a venue for failing to refund deposits after a pandemic-related cancellation.

The UAE Civil Code provisions on force majeure and the contractual force majeure clauses as interpreted under UAE law govern such disputes.

5. Digital Content and Technology Disputes.

Disputes involving influencers, streaming platforms, and digital copyright violations. A production company may file a claim against a social media platform for unauthorised streaming of copyrighted material.

The Federal Decree-Law No. 2 of 2022 on the Regulation of Virtual Assets may apply to NFTs or tokenised digital content. The UAE cybercrimes law also applies to address misuse of content online.

Author: Mohanned Elshaikh