Copyright

Copyright is a form of intellectual property right, applicable to certain forms of creative work. Copyright gives you ownership over the things which you create. It may be a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law that assures you the ownership over your creation. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively.

Under Pakistan’s Copyright Ordinance of 1962 and its amendments, original works of literature, art and science, regardless of type, significance or purpose are protectable.

According to section 10 of the Copyright Ordinance, the copyright subsists on all of the followings;
a) Literary works which includes Books, Magazines, Journals, Lectures, Dramas, Novels, Computer Programmes/Software and compilation of data etc.
b) Artistic works like paintings, Maps, photographs, drawings, Charts, Calligraphies, Sculptures, Architectural Works, Label Designs, Logos, Monograms and other works alike.
c) Cinematographic works which includes movies, audio-visual works, documentaries etc; and
d) Record works which include sound recordings, musical works etc.

2. Copyright Shall Not Subsist on

The copyright shall not subsist on the following works namely;

(a) In any cinematographic work, if a substantial part of the work is an infringement of the copyright in any other work;
(b) In any record made in respect of a literary, dramatic or musical work, if, in making the record, copyright in such work has been infringed.

3. Term of Copyrights

Term of Copyrights in Published Literary, Dramatic, Musical and Artistic Works.

Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work (other than a photograph) published within the life time of the author until fifty years from the beginning of the calendar year next following the year in which the author dies.

The reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.

Term of Copyright in Posthumous Work.

In the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author or in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which or any adaptation of which, had not been published before that date, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published or . where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year.

For the purposes of this section. a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, if it has been performed in public or if any records made in respect of the work have been sold, or offered for sale, to the public.

Term of Copyright in Anonymous and Pseudonymous Work

(1) In the case of a literary, dramatic, musical or artistic work (other than a Photograph), which is published anonymously or pseudonymously copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published: Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the author dies.

(2) In sub-section (1), references to the author shall, in the case of an anonymous work of joint authorship, be construed:-

(a) where the identity of one of the authors is disclosed as references to that author;
(b) where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors.

(3) In sub-section (1), references to the author shall, in the case of a pseudonymous work of joint authorship, be construed:-

(a) where the names of one or more (but not all) of the authors are pseudonyms and his or their identity is not disclosed, as references to the author whose name is not a pseudonym, or, of the names of two or more of the author are not pseudonyms, as references to such one of those authors who dies last;

(b) where the names of one or more (but not all) of the authors are pseudonyms and the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed ; and
(c) where the names of all the authors are pseudonyms and the identity of one of them is disclosed, as references to the author whose identity is disclosed or, if the identity of two or more of such authors is disclosed, as references to such one of those authors who dies last.

For the propose of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Board but that author.

Term of Copyright in Government Works and in Works of International Organizations

(1) Copyright in a Government work shall, where Government is the first owner of the copyright therein, subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published
(2). In the case of a work of an international organization to which the provisions of section 53 apply, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published.

Term of Copyright in Unpublished Work

(1) If a work, whose author’s identity is known, is not publish posthumously within fifty years after the death of the author, such work shall fall into the public domain after fifty years from the beginning of the calendar years next following the year in which the author dies.

(2) If a work, whose author’s identity is not known, is not published
within fifty years of its creation, such work shall fall into the public domain after fifty years from the beginning of the calendar year next following the year in which the work is created.
4. Registration of Copyrights

(1) The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee 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 subsection (1), the Registrar shall enter the particulars of the work in the Register of Copyrights and issue a certificate of such registration to the applicant unless, for reason to be recorded in writing, he considers that such entry should not be made in respect of any work;

Provided that in the case of artistic works the Registrar shall not enter the particulars of the work in the Register of Copyrights and shall not issue a certificate of registration to the applicant unless within one month of the filing of the application, or within such extended time as the Registrar may determine, the applicant has advertised the work itself in a newspaper as may be prescribed, and send two copies thereof to the Registrar and unless within one month thereafter, or within such extended time as the Registrar may determined, not exceeding two months, the Registrar has not received any objection to the registration of particulars of the work in the Register of Copyrights.

5. Copyright Infringement

Copyright in a work shall be deemed to be infringed:-

(a) when any person without the consent of the owner of the copyright or without a license granted by such owner or the Registrar under this Ordinance or in contravention of the conditions of a license so granted or of any condition imposed by a competent authority under this Ordinance;-
(i) does anything the exclusive right to do which is by this Ordinance conferred upon the owner of the copyright; or
(ii) permits for profit any place to be used for the performance of the work in public where such performance constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for suspecting, that such performance would be an infringement of copyright, or
(b) when any person:-
(i) makes for sale or hire or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
(ii) distributes either for the purpose of trade to such an extent as to affect prejudicially the owner of the copyright, or
(iii) by way of trade exhibits in public, or
(iv) imports into Pakistan any infringing copies of the work. Explanation. For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematographic work shall be deemed to be an “infringing copy”.

Civil Remedies for Infringement of Copyright

(1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Ordinance, be entitled to all such remedies by way of
a) injunction,
b) damages,
c) accounts and otherwise as are or may be conferred by law for the infringement of a right.

Criminal Remedies for Infringement of Copyright

Criminal action also can be taken on the basis of copyright registration. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

Jurisdiction of Court and Limitation

Every suit or other civil proceeding regarding infringement of copyright shall be instituted and tried in the Court of the District Judge which shall ordinarily be decided within a period of twelve months