Host
There’s just so much more to hear. Download our podcast at DubaiI1038.com.
They’re based in JLT, and we’ve not seen a stump yet. So, you never know. Nice to see you.
Ludmila Yamalova
Don’t jinx me, please.
Host
No, I’m just saying once, I want to see you like, “I can’t do that,” but it’s never going to happen. Nice to see you, Ludmila.
Ludmila Yamalova
Good to be here.
Host
Today, let’s start with a question for you. This is an interesting topic because it’s a gray area. A lot of us might think, “Well, I wrote that, so it’s mine,” but that’s not necessarily true. Let’s state this: employers and companies, how do they work with employees, freelancers, or service providers?
Let me paint you a quick scenario. I’m a freelance journalist—perhaps not the best freelance journalist in the world, but that’s a different matter. I write an article for the Dubai Eye website.
Ludmila Yamalova
And somebody pays you for it?
Host
And they pay me. Remarkably, they pay me for it. It’s about Dubai Parks and Resorts. It’s a big day out, and I dress it up beautifully, talking about what’s going on. Then, I want to use that somewhere else because I’m doing work for Dubai Parks and Resorts on another website. Who owns what I originally wrote in this instance, considering I’m freelance?
Ludmila Yamalova
Yes, so number one, the default in general when you talk about creative content is that the rights to a particular piece of content are copyrighted. Whoever the author of that content is retains the copyright. That’s the default rule.
However, when you’re hired by someone to create content or to do something while using the resources of that employer or company, it’s not necessarily the case that you own that content—unless your contract states otherwise. If there’s no provision in the agreement between you and Dubai Eye that specifies you can reuse the content, the default interpretation is that it belongs to the entity that commissioned and paid for it.
So, just because you wrote it doesn’t mean it’s yours. You cannot reuse it for someone else unless otherwise agreed. Many people think that whatever they create while working for someone, whether as an employee or freelancer, belongs to them. But actually, the general rule is the opposite. If someone else paid for it, it’s their property unless there’s a prior agreement stating otherwise.
Host
That’s for that instance, right? Now, let’s say I have my own website and a proprietary copy that I’ve written is there. Then, someone takes it and uses it elsewhere, word for word. How do I protect my own copy when I see it on another website? Who do I go after?
Ludmila Yamalova
There are two aspects: legal and commercial. Legally, you have the right to protect your copyright and content. Commercially, it depends on what you can practically do about it.
In this case, you’re the freelancer, you created the content, and it’s your property. If someone else has taken it and is misrepresenting it as theirs, there are two angles: civil and criminal.
On the civil side, you can bring a claim for misuse of your intellectual property. However, in the UAE, you need to prove actual damages—such as loss of clients or revenue—and show admissible evidence of these damages to pursue a claim.
On the criminal side, you could file a case for misrepresentation. But again, any fines or penalties would go to the government, not to you as the claimant. If your aim is financial recovery, it would be a civil matter, but only if you can prove actionable damages.
Host
That’s really insightful. I’d like to come back to this, as it’s a complex and increasingly relevant issue in the world of digital and social media. But let’s take a quick call from Rain on Line Five. Am I pronouncing your name correctly, Rain?
Rain
Yes, that’s right. Thank you.
Host
Great to have you on. You’ve got a question for Ludmila.
Rain
Yes, I have a full-time job, but I also sponsor my parents here in the UAE. I’ve been thinking about quitting to focus on freelance work. I have two questions: What are the requirements for getting a freelancer visa, and can I still sponsor my family with that visa?
Ludmila Yamalova
Great questions. A freelancer visa can depend on the jurisdiction because not all zones offer freelance licenses. Generally, having a freelancer visa or license involves setting up your own company.
There are certain zones that issue a freelance license, but even then, it may be limited in terms of the activities you can undertake. Another option is to open a consultancy or similar license, depending on your expertise. Once you establish your company—whether as a freelance or consultancy—you become the shareholder and owner of the company.
As the owner, you can sponsor dependents like your parents. The process is a bit different compared to being an employee, but it’s doable. You may need to cancel their current sponsorship and reapply under your new setup.
Rain
I was hoping for a simpler freelancer license without needing to open a company.
Ludmila Yamalova
Unfortunately, even with a freelancer license, you’re essentially setting up a business. There’s no “individual-only” freelancer license that bypasses the company setup entirely. It’s worth considering the associated costs and processes if you’re committed to this change.
Host
Thanks, Rain. It’s a lot to think about, but hopefully, that clarifies your options.
Host
That’s all we have time for today. Ludmila Yamalova, thank you as always for your expert advice.
Ludmila Yamalova
Thank you.
Host
There’s just so much more to hear. Download our podcast at DubaiI1038.com.