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Copyright

Legal Solution BD > Copyright

Copyright registration & protection in Bangladesh

Copyright deals with the protection of the right of intellectual property. It does not have any relation with other materialistic property moveable or immovable. Research, literary works, drama, arts and paintings, music, audio-video production, film, photography, sculpture, recording, software, e-mail, website and broadcasting of radio and television are considered as major intellectual property in the present day world. According to the World Intellectual Property Organisation (WIPO), ‘Intellectual Property refers to creations of the mind; Inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.’

Copyright registration has not been made compulsory in the Copyright Act, 2000. It is not also compulsory in other countries. But the copyright registration is a pre-requisite to avoid any possible conflict over the ownership of an intellectual property. Being a member country of WIPO, World Trade Organisation (WTO) and the signatory at Berne Convention, Universal Copyright Convention, Bangladesh is bound to abide by all conditions of these conventions related to copyright and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The Bangladesh Copyright Act 2000 was enacted incorporating the nationally and globally important provisions of all major international copyright rules. It was further amended in 2005 for updating. Later, the copyright Rules 2006 (SRO No-219) was formulated under section 103 of the Copyright Act to strengthen copyright management through proper implementation of the law.

Copy Right

What is Copyright?

Copyright is a legal means of protecting an author’s work. It is a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author. This means whatever content the author created cannot be used or published by anyone else without the consent of the author.

Meaning of copyright

Copyright means inter alia the exclusive right
to reproduce the work
to issue copies of the work to the public
to perform or broadcast the work
to make any translation or adaption of the work (for details see s. 14).
In addition, special moral rights lie with the author (s. 78) as well as a droit de suite (s. 23).

Who can apply?

According to section 56 of the Copyright Act, 2000 Registration of copyrights.-(1) The author or publisher of, or the owner of, or other people interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fees to the Registrar for entering particulars of the work in the Register of Copyrights.
(2) On receipt of an application in respect of any work under sub-section (1), the Registrar may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights and issue a certificate of such registration to the applicant unless, for reasons to be recorded in writing, he considers that such entry should not be made in respect of any work.

After receiving the application the Registrar serves notice along with the said application to every person who has any interest in the subject matter of said application. After that, If any objection arises the Registrar hold such as he deems fit.

 

Who is the owner of Copyright?

The first owner of the copyright, in general, is the author (exceptions: works for hire, Government works; s. 17).
The owner of the copyright may assign the copyright (s. 18) or grant any interest in the copyright by license (s. 48). Licenses may also be granted by the Copyright Board (ss. 50–54).

Registration of copyright with the Copyright Office is not obligatory, but if registration has taken place the Register of Copyrights gives prima facie evidence of the particulars entered therein (s. 60).

 

What are the Requirements to get copyright protection?

Copyright is basically the right to respect the author’s creation because an original work is the brain-child of the author. Before claiming copyright the work apart from being original, should satisfy the following conditions:
a) In the case of published work, it has to be published first in Bangladesh but if it is first published in foreign country, the author must be a citizen of Bangladesh or domicile in Bangladesh at the date of publication, or where the author is dead at the time of publication and the work is published after his death, the author must be citizen of Bangladesh or domicile in Bangladesh at the time of his death. `{`section 5`}` `{`It is important to note that if any work is published in Bangladesh and any other country simultaneously, the work should be considered to be first published in Bangladesh. The work shall be considered to be simultaneously published if the difference of days between the publication in Bangladesh and publication in any other country more than 30 days or the time fixed by the Government.`}`

b) In case of unpublished work, the author is on the date of making of the work a citizen of Bangladesh or domicile in Bangladesh. `{`section 7`}`

 

Term of Copyright

Copyright in a literary, dramatic, musical or artistic work published within the lifetime of the author subsists until 60 years from the beginning of the calendar year next following the year in which the author dies (p.m.a.; s. 24).
Copyright in a cinematographic film (s. 26), a sound recording (s. 27), a photograph (s. 28), a computer programme (s. 28A) or a work of the Government, a local authority or an international organisation (ss. 30–32) subsists until 60 years from the beginning of the calendar year next following the publication of the work.

 

What are the Objects of Copyright?

According to section 15 copyright subsists in
1. literary works
2. dramatic works
3. musical works
4. artistic works (i.e. painting, sculpture, drawing, engraving or a photograph, a work of architecture and any other work of artistic craftsmanship)
5. cinematographic films
6. sound recordings
7. and includes computer programmes (cf. s. 14 sub-s. 2) as well as addresses and speeches (cf. s. 17 cl. d).
Foreign works are covered by section 69 read with the International Copyright Order, 2005

 

How to Register of copyrights assignment?

According to section 57 of the Copyright Act, 2000
(1) Any person interested in the grant of an interest in a copyright, either by assignment or license, may make an application in the prescribed form, accompanied by the prescribed fees, the original instrument of such grant and a certified copy thereof, to the Registrar for entering the particulars of the grant in the Register of copyright.
(2) On receipt of an application in respect of any work under sub-section (2), the Registrar shall, after holding such inquiry as he may deem fit, enter the particulars of the grant in the Register of Copyrights unless, for reasons to be recorded in writing, he considers that such entry should not be made in respect of any grant.

(3)The certified copy of the grant shall be retained at the Copyright Office and the original shall be returned to the person depositing it, with a certificate of registration endorsed thereon or
affixed thereto.

 

How to Correction of copyrights in the Register of Copyrights?

According to section 58 of the Copyright Act, 2000
The Registrar may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights and the indexes by correcting any error in any name, address or particulars; or correcting any other error which may have arisen therein by accidental slip or omission

Rectification of Copyrights

According to section 59 of the Copyright Act, 2000
The Board may, on application of the Registrar or of any person aggrieved, order the rectification of the Register of Copyrights by-
(a) the making of any entry wrongly omitted to be made in the Register; or
(b) the expunging of any entry wrongly made in, or remaining on, the Register; or
(c) the correction of any error or defect in the Register.

Remedies against infringement

When copyright is infringed the owner of the copyright (as well as the exclusive licensee) is entitled to certain civil remedies (injunction, damages, accounts) Jurisdiction lies with the court of District Judge of the place where the person instituting the proceeding resides or carries on business
Infringing copies are deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof (s. 79). Infringing copies may be seized by the police (s. 93) and can be forbidden to be imported (s. 74).

Copyright infringement may also lead to criminal charges (ss. 82 to 91) to be tried by no court inferior to that of a Court of Sessions (s. 92).

CIVIL REMEDIES:
Copyright owner can take a civil action in which reliefs such as the Anton Pillar Order (Search Order) injunction, accounts, and damages can be sought.

A suit or other civil proceedings relating to infringement of copyright is to be filed in the Court of District Judge, within whose jurisdiction the plaintiff resides or carries on business or where the cause of action arose irrespective of the place of residence or place of business of the defendant

CRIMINAL REMEDIES:
Criminal remedies provides for the imprisonment of the accused or imposition of fine or both, seizure of infringing copies etc. Criminal proceedings are available in order to punish the persons who have violated the copyright law.

ADMINISTRATIVE REMEDIES:
Administrative remedies consist of moving to the Registrar of copyrights to ban the import of infringing copies into Bangladesh when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright.

 

International copyright agreements

Bangladesh has 4 international copyright agreements and is a member country of The Berne Convention for Copyright.
Bangladesh entered into international copyright agreements:

1. Berne Convention for the Protection of Literary and Artistic Works on 04 May 1999
2. Universal Copyright Convention (Geneva) on 05 August 1975
3. Universal Copyright Convention (Paris) on 05 August 1975
4. Agreement on Trade-Related Aspects of Intellectual Property Rights on 01 January 199

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.

Any work originating in Bangladesh, where the author of the work is a national of Bangladesh or the work was first published in Bangladesh, is given the same copyright protection in each of the other Berne Convention member countries.

Whilst in some countries copyright protection is automatic as soon as the work is saved in material form, registering for copyright in Bangladesh is extremely important in order for the copyright holder to have the all-important proof of copyright.