The
basic legal instrument governing copyright law in Bangladesh is the Copyright Act,
2000. It is largely based on Pakistan's Copyright Ordinance, 1962.
Objects of copyright
According
to section 15 copyright subsists in
· literary
works
· dramatic
works
· musical
works
· artistic
works (i.e. painting,
sculpture, drawing, engraving or a photograph, a work of architecture and any
other work of artistic craftsmanship)
· cinematographic
films
· sound
recordings
· and
includes computer programmes (cf. s. 14 sub-s. 2) as well as adresses and
speeches (cf. s. 17 cl. d).
· Foreign
works are covered by section 69 read with the International Copyright Order, 2005.
Owner of copyright
The
first owner of copyright in general is the author (exceptions: works for hire, Government works; s. 17).
The
owner of 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).
Term of copyright
Copyright
in a literary, dramatic, musical or artistic work published within the life
time 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 organization (ss. 30–32) subsists until 60 years
from the beginning of the calendar year next following the publication of the
work.
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).
Copyright infringement
When
copyright is infringed (s. 71), the owner of copyright (as well as the
exclusive licensee) is entitled to certain civil
remedies (injunction, damages, accounts; s. 76). Jurisdiction lies with
the court of District Judge of the place
where the person instituting the proceeding resides or carries on business (s.
81).
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).
No infringement
Certain
acts are said not to constitute an infringement of copyright (s. 72). These
include inter alia
· fair use of a literary, dramatic, musical or
artistic work for the purpose of private study, private use, criticism, review
(sub-s. 1) or reporting current events (sub-s. 2)
· the
reproduction or adaptation of a literary, dramatic, musical or artistic work by
a teacher or a pupil for the purpose of instruction or examination (sub-s. 8)
· the
publication or performance of a literary, dramatic or musical work by the staff
and students of an educational institution (sub-s. 9)
· the
making of up to 3 copies of a book by a non-profit or educational library for
its use if such book is not available for sale (sub-s. 15)
· the
reproduction or publication of certain Government works (unless prohibited;
sub-s. 17)
· the
making or publishing of a painting, drawing, engraving or photograph of
architecture (sub-s. 19) or a sculpture or other artistic work if such work is
permanently situated in a public place (sub-s. 20)
Related rights
Related
rights include the broadcast
reproduction right of broadcasting organizations (s. 33; term 25 years),
the performer's right (s. 35; term:
50 years) and the right of publishers
relating to the typographical arrangement of their editions (s. 38; term: 25
years).
Other provisions
· particulars
to be included in sound recordings and video films (s. 73)
· legal
deposit of books (s. 62) as well as periodicals and newspapers (s. 63) with the
National Library of Bangladesh
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