Transcript Slide 1

In the Name of Allah the Most Beneficent
and the Most Merciful
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Copyright Law, Rules and Registration
Procedure in Pakistan
By
SYED NASRULLAH
Assistant Director
Copyright Office, IPO-Pakistan
[email protected]
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
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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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Copyright Legislations in Pakistan

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.
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Branch office in 1986 at Lahore.
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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
 Part-IV:
etc.).
Records Works
(Audio Cassettes and CD’s).
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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.
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Economic Rights
 Publication,
 Reproduction,
 Broadcasting,
 Public Performance,
 Adaptation,
 Translation,
 Public display,
 Distribution
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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
years after first publication
Works: 50
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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 years
 Rental 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.

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 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.
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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
 Fine
three years
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

Part-II Artistic Works

Part-III Cinematographic Works

Part-IV Record Works
Literary, Dramatic & Musical 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.
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 Vakalatnama/Power of Attorney if applying through attorney
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 21
Registration of Copyright
1. Filing of application
2. Examination
3. Opposition, if any
4. Issuance of Certificate by Registrar
(Registration)
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Copyright Forms
S.No
Form
Description
APPLICATION FOR REGISTRATION OF COPYRIGHTS
APPLICATION FOR REGISTRATION OF CHANGES IN PARTICULARS
OF COPYRIGHT
APPLICATION FOR LICENCE
APPLICATION FOR RELINQUISHMENT OF COPYRIGHT
APPLICATION FOR PROHIBITION ON IMPORTATION &
EXPORTATION OF INFRINGING COPIES
Fee (PKR)
1
FORM-II
500
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3
4
FORM-III
FORM-IV
FORM-V
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FORM-VI
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FORM-VII LICENCE UNDER SECTION 37 OF COPYRIGHT ORDINANCE,1962
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FORM-A
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FORM-B
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FORM-C
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FORM-D
APPLICATION TO THE COPYRIGHT BOARD FOR PUBLICATION
APPLICATION TO THE COPYRIGHT BORAD TO DETERMIN THE
DURATION OF COPYRIGHT
APPEAL TO COPYRIGHT BOARD AGAINST INFRINGEMENT OF
WORK
APPLICATION TO COPYRIGHT BOARD FOR OBJECTION TO
PERFORMING RIGHT SOCIETY
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FORM-E
APPEAL TO COPYRIGHT BOARD FOR COMPULSORY LICINCE
1500
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FORM-F
1500
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FORM-G
APPEAL TO COPYRIGHT BOARD FOR TRANSLATION OF A WORK
APPEAL TO COPYRIGHT BOARD RECTIFICATION OF REGISTER OF
COPYRIGHT
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FORM-H
500
1500
1500
2000
1500
500
1500
1500
1500
1500
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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.
Copyright Offices
 Karachi:
Copyright Office, IPO-Pakistan, Ground Floor, Liaquat
Memorial Library Building, Adjacent TV Station, Stadium
Road, Karachi
Telephone No.
Fax No.
021-9230140-41
021-9230140
Email Address:
[email protected]
 Lahore:
IPO Regional Office, 3rd Floor, Farid Tower, 19- Tample
Road, Lahore
Telephone No.
Fax No.
042-7224394-5
042-7224396
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Email Addresses: [email protected]
Two sides of the coin
Faiz Ahmed Faiz Leading poet had to
seek one job or the other totally unrelated to
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his creative temperament
Sydney Sheldon
An American Novelist
A Millionaire
Two sides of the coin
Michael Jackson
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Two sides of the coin
Madonna
Mehdi Hassan
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Two sides of the coin
Fahmida Riaz
Popular poet and novelist
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J.K. Rowling
Royalties have made her richer than
the British Queen
THANKS
www.ipo.gov.pk
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
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