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BySYED NASRULLAH
Assistant DirectorCopyright Office, IPO-Pakistan
Copyright Law, Rules and Registration Procedure in Pakistan
ONE DAY TRAINING COURSE ON COPYRIGHT LAW IN PAKISTAN.
IP-Academy, IPO-HQs, Islamabad, February 26, 2009
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Copyright
Copyright is a set of exclusive rights available
for a limited time to protect the particular form,
way or manner in which an idea or information
is expressed. Broad classifications are: Literary
Works, Artistic Works, Cinematographic Works
and Record Works.
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Related/ Neighboring Rights
Related Rights protect the legal interests of
persons and legal entities
(Performers/Broadcasters etc.) who contribute to
making works available to the public through their
investment /skills.
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International Treaties/Conventions on Copyright
• Berne Convention, 1886 (Signatory)
• Universal Copyright Convention, 1952 (Signatory)
• TRIPS Agreement, 1994 (Signatory)
• Rome Convention, 1961
• WCT, 1996
Internet Treaties
• WPPT, 1996
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British Copyright Act, 1911.
Replaced by the Copyright Ordinance, 1962.
Amended in the year 2000 in compliance with TRIPS
Agreement.
The copyright rules of, 1967 as amended in 2002.
The Copyright Board (Procedure) Regulations 1981.
The International Copyright Order, 1968.
The Copyright Office, at Karachi in 1963.
Registration in 1967.
Branch office in 1986 at Lahore.
Copyright Legislations in Pakistan
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Works in which Copyright subsists
Part-I: Literary works (Books, Magazines, Journals, Lectures,
Sermons, Dramas, Novels, etc. including Computer Software and Compilation of Data).
Part-II: Artistic works
(Paintings, Photographs, Maps, Charts, Calligraphies, Sculptures, Architectural Works, Drawings, Label
Designs, Logos, Monograms etc). Part-III: Cinematographic works
(Motion Pictures, Video Cassettes, VCD’s, DVD’s etc.).
Part-IV: Records Works
(Audio Cassettes and CD’s).
Protection of Rights(Copyright and Related Rights)
Moral and economic rights of authors/ writers, publishers, performers and producers of sound recordings (phonograms).
Economic
Transferable and can be acquired.
Moral
Non-transferable.
right of paternity
right of integrity
Other modification that might be prejudicial
Equal protection of law to local and foreign right holders.8
Economic Rights
Publication,
Reproduction,
Broadcasting,
Public Performance,
Adaptation,
Translation,
Public display,
Distribution9
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Duration (Term) of Copyright
For Literary, Dramatic, Musical and Artistic
works, life time of the Author plus 50 years
next after his death
For posthumous works: 50 years after first
publication
For Cinematographic, Record Works: 50
years after first publication
Protection of Related Rights
Performers’ Rights (e.g. actors, singers, musicians, choreographers,
entertainers etc.) Term of protection: 50 years Rights of Producers of Phonograms (sound
recordings) Term of protection: 50 years Broadcasters’ Rights Term of protection: 25 yearsRental Rights of Computer Programs and
Cinematographic Works
First Owner of Copyright
The author of a work
Artist
Composer
Photographer
Employer/ Proprietor in case of employment.
Government, in case of Government work.
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Assignment/Transfer of Copyright
The owner may Assign/Transfer/Sell these rights to any
person
wholly or partially
generally or subject to limitations
for the whole term or any part
Assignment should be in writing
By assignment in writing for 10 years only, reverting
back to the author/owner of copyright if not published
within a period of three years.
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Copyright Board
Board acts as an “Appellate Authority” against any order of the Registrar
Consisting of a Chairman and three to five members & constituted for three years.
Representing various stakeholders of copyright. 3
rectification/expunction of entries from register,
regulations of performing rights societies and
compulsory licensing etc
Appeal against its orders lies to High Court/Supreme Court.
International Copyright National Treatment to foreign copyright work.
Performing Rights Societies (PRS)
Fee, charges and royalties should be
published and filed with Registrar.
Any objection by aggrieved person to the
Registrar.
Disputes to be decided by Copyright Board.
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Infringement
Infringement of Copyright
Copies, issues copies, rents out, imports or exports or
performs the work without consent or license of the owner. When Copyright not Infringed (Exceptions) A fair dealing for
Research or private study;Criticism or review,Reporting current events
Judicial proceeding Reproduction or adaptation by teachers or pupil for
instruction in education etc. etc.
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Remedies
Border Measures Prohibition on Importation and Exportation by Customs
Authorities/Registrar. Civil Remedies
Jurisdiction of District Court Injunctions, decrees of damages and accounts May also seize, destroy or deliver the infringed
material to the owner Criminal Remedies
Cognizable and Non- bailable offences. Criminal Courts empowered to award monetary
compensations also.
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Penalties and Cognizance
Penalties Imprisonment three years Fine Rs. one lac /two lacs Or both
Cognizance Agencies District Police FIA Pakistan Customs Private Detection Agencies
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Registration of Copyright
Registration of Copyright-Optional
Register of Copyright is available under four parts, as
under: -
Part-I Literary, Dramatic & Musical Works
Part-II Artistic Works
Part-III Cinematographic Works
Part-IV Record Works
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Registration of Copyright
03 copies of application Form-II
Rs.500/- registration fee in the form of a Demand Draft/Pay-Order in the name of Director General IPO-Pakistan.
A- Literary work 2 copies of literary work published or un-published.
NOC for assignment of copyright from the owner of the work if any.
Vakalatnama/Power of Attorney if applying through attorney
B-Record & Cinematographic Work 2 copies of work in the form of VCD/DVD/Audio/Video Cassette etc.
NOC for assignment of copyright from the contributors (performers/singer/ lyric writer/musician etc.) of the work.
Vakalatnama/Power of Attorney if applying through attorney
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Registration of Copyright
C. Artistic Work 03 copies of Artistic Work. NOC/ Affidavit for transfer of copyright from Artist/creator
who created the work. Undertaking/ Affidavit for original creativity of the work by
the applicant. The applicant is required to advertise artistic work in any
Urdu or English language daily newspaper, where the applicant resides or carries on business within 30 days of filing of application and send two copies thereof to the Registrar of Copyrights.
Vakalatnama/Power of Attorney if applying through attorney
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Registration of Copyright
1. Filing of application
2. Examination
3. Opposition, if any
4. Issuance of Certificate by Registrar
(Registration)
Copyright Forms
S.No Form Description Fee (PKR) 1 FORM-II APPLICATION FOR REGISTRATION OF COPYRIGHTS 500
2 FORM-III APPLICATION FOR REGISTRATION OF CHANGES IN PARTICULARS OF COPYRIGHT 500
3 FORM-IV APPLICATION FOR LICENCE 15004 FORM-V APPLICATION FOR RELINQUISHMENT OF COPYRIGHT 1500
5 FORM-VI APPLICATION FOR PROHIBITION ON IMPORTATION & EXPORTATION OF INFRINGING COPIES 2000
6 FORM-VII LICENCE UNDER SECTION 37 OF COPYRIGHT ORDINANCE,1962 1500
7 FORM-A APPLICATION TO THE COPYRIGHT BOARD FOR PUBLICATION 500
8 FORM-B APPLICATION TO THE COPYRIGHT BORAD TO DETERMIN THE DURATION OF COPYRIGHT 1500
9 FORM-C APPEAL TO COPYRIGHT BOARD AGAINST INFRINGEMENT OF WORK 1500
10 FORM-D APPLICATION TO COPYRIGHT BOARD FOR OBJECTION TO PERFORMING RIGHT SOCIETY 1500
11 FORM-E APPEAL TO COPYRIGHT BOARD FOR COMPULSORY LICINCE 1500
12 FORM-F APPEAL TO COPYRIGHT BOARD FOR TRANSLATION OF A WORK 1500
13 FORM-G APPEAL TO COPYRIGHT BOARD RECTIFICATION OF REGISTER OF COPYRIGHT 1500
14 FORM-H APPEAL TO COPYRIGHT BOARD AGAINST IORDER OF REGISTRAR 1500
Challenges for copyright system
The emergence of e-technologies arises new issues in the field of copyright and related rights
The copyright contents in digital form can be stored in very compressed and can be transferred very easily with the same quality.
Basic pillars of copyright law as given under are needed to match technological issues.
Legislation;
Secure networks;
Enforcement measures;
Identification and technological protection measures;
Rights management system
Challenges for copyright system
Pakistan has amended its copyright law in 2000 in light of
TRIPS agreement and provide protection to computer
programmes and compilation of data.
The WCT and WPPT also called the “Internet Treaties”,
provide a good legislative frame work for copyright in
digital environment
To address the emerging issues of technology in copyright
legislation it requires in dep understanding of these issues
by the stakeholders.
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Copyright Offices
Karachi:Copyright Office, IPO-Pakistan, Ground Floor, Liaquat Memorial Library Building, Adjacent TV Station, Stadium Road, KarachiTelephone No. Fax No. 021-9230140-41 021-9230140Email Address: [email protected]
Lahore:IPO Regional Office, 3rd Floor, Farid Tower, 19- Tample Road, Lahore
Telephone No. Fax No.
042-7224394-5 042-7224396
Email Addresses: [email protected]
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Two sides of the coin
Faiz Ahmed Faiz Leading poet had to seek one job or the other totally unrelated to his creative temperament
Sydney SheldonAn American NovelistA Millionaire
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Two sides of the coin
Fahmida RiazPopular poet and novelist
J.K. Rowling
Royalties have made her richer than the British Queen
