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Copyright law of Bangladesh

January 01, 1970

The basic legal instrument governing copyright law in Bangladesh is the Copyright Act, 2000.[1] It is largely based on Pakistan's Copyright Ordinance, 1962.

Copyright Act, 2000 edit

Objects of copyright edit

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 programs (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.[2]

Owner of copyright edit

The first owner of copyright in general is author (exceptions: works for hire,[3] 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 edit

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 program (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.

Meaning of copyright edit

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 edit

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 edit

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)
  • freedom of panorama: 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 edit

Related rights include the broadcast reproduction right of broadcasting organisations (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 edit

See also edit

References edit

  1. ^ কপিরাইট আইন, ২০০০ (Act No. XXVIII of 2000) – English translation (2010)
  2. ^ para. 3 with schedule 12 August 2014 at the Wayback Machine
  3. ^ cf. Suraiya Rahman vs. Skill Development for Underprivileged Women, 17 BLD (HCD) 284 = 49 (1997) DLR (HCD) 222

External links edit

  • IP Rights and Copyright Piracy in Bangladesh
  • . Bangladesh Res.Pub.J. 7(2): 99–109
  • National Seminar and Workshop on Copyright Awareness, Dhaka, November 2007

January 01, 1970
copyright, bangladesh, basic, legal, instrument, governing, copyright, bangladesh, copyright, 2000, largely, based, pakistan, copyright, ordinance, 1962, contents, copyright, 2000, objects, copyright, owner, copyright, term, copyright, meaning, copyright, copy. The basic legal instrument governing copyright law in Bangladesh is the Copyright Act 2000 1 It is largely based on Pakistan s Copyright Ordinance 1962 Contents 1 Copyright Act 2000 1 1 Objects of copyright 1 2 Owner of copyright 1 3 Term of copyright 1 4 Meaning of copyright 1 5 Copyright infringement 1 6 No infringement 1 7 Related rights 1 8 Other provisions 1 9 See also 2 References 2 1 External linksCopyright Act 2000 editObjects of copyright edit 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 programs 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 2 Owner of copyright edit The first owner of copyright in general is author exceptions works for hire 3 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 edit 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 program 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 Meaning of copyright edit 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 edit 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 edit 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 freedom of panorama 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 edit Related rights include the broadcast reproduction right of broadcasting organisations 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 edit 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 See also edit List of parties to international copyright treatiesReferences edit কপ র ইট আইন ২০০০ Act No XXVIII of 2000 English translation 2010 para 3 with schedule Archived 12 August 2014 at the Wayback Machine cf Suraiya Rahman vs Skill Development for Underprivileged Women 17 BLD HCD 284 49 1997 DLR HCD 222 External links edit Copyright Office IP Rights and Copyright Piracy in Bangladesh Md Milan Hossain 2012 Present Situation of Copyright Protection in Bangladesh Bangladesh Res Pub J 7 2 99 109 National Seminar and Workshop on Copyright Awareness Dhaka November 2007 Retrieved from https en wikipedia org w index php title Copyright law of Bangladesh amp oldid 1202732394, wikipedia, wiki, book, books, library,

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