Proposed copyright policy and procedures for the protection of the sermons in the two holy mosques in Saudi Arabia

Abstract

This research explores the complex landscape of copyright protection for the Friday Sermons delivered at the Two Holy Mosques in Mecca and Medina, Saudi Arabia. The study aims to identify existing practices and trends concerning intellectual property and copyright protection of religious scripts in Saudi Arabia, evaluate the effectiveness of current policies and practices, explore how Friday Sermons can be classified as copyrightable works, determine the ownership of copyrights, and suggest a legal framework, policy, and procedure for the protection of these sermons that encourages their non-exploitative dissemination. Employing a qualitative methodology, the research utilizes document analysis, semi-structured interviews with sermon stakeholders, and case studies to assess Saudi Arabia's copyright regime and propose improvements based on existing frameworks from other jurisdictions. The study focuses on regarding the sermons and their derivatives, including textual, audio, and video formats used for the sermons, as literary works, and examines the relationship between ownership and access in the context of the sermons' religious mission. The research investigates the inception of the idea of protecting creative content in Western societies and its applicability in Islamic societies, particularly for religious and educational content. It explores the technical criteria for the copyrightability of religious content, the ethicality of protecting such content, and the balancing of dissemination and protection against alterations. Through a comparative legal analysis of Saudi copyright law and international frameworks, the study identifies vulnerabilities in the current system, such as inadequate digital rights management and limited extraterritorial enforcement mechanisms. It evaluates options for extraterritorial copyright enforcement, including bilateral agreements and international dispute resolution mechanisms. The findings contribute to the development of copyright protection policies and procedures in Saudi Arabia, considering the country's unique social, cultural, and religious norms. This research aims to square the circle between copyright protection and the dissemination of religious content, providing insights into the challenges and opportunities for safeguarding the integrity and accessibility of sermons in the digital age. Key proposals include strengthening domestic copyright laws, implementing advanced technological measures for infringement detection, and developing a coordinated approach involving legal, diplomatic, and religious entities.