Copyright registration in Bangladesh
Copyright Registration in Bangladesh, Copyright Office is responsible for maintaining the register of copyrighted works. Any application for registration, transfer, abandonment, modification of register should be made to the Registrar.
Copyright deals with the protection of the right of intellectual property. It does not have any relation with other materialistic property moveable or immovable. Research, literary works, drama, arts, and paintings, music, audio-video production, film, photography, sculpture, recording, software, e-mail, website and broadcasting of radio and television are considered as major intellectual property in the present-day world. According to the World Intellectual Property Organization (WIPO), ‘Intellectual Property refers to creations of the mind; Inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.’
Copyright registration has not been made compulsory in the Copyright Act, 2000. It is not also compulsory in other countries. But the copyright registration is a pre-requisite to avoid any possible conflict over the ownership of intellectual property. Being a member country of WIPO, World Trade Organization (WTO) and the signatory at Berne Convention, Universal Copyright Registration Convention, and Bangladesh is bound to abide by all conditions of these conventions related to copyright and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The Bangladesh Copyright Act 2000 was enacted incorporating the nationally and globally important provisions of all major international copyright rules. It was further amended in 2005 for updating. Later, the copyright Rules 2006 (SRO No-219) was formulated under section 103 of the Copyright Act to strengthen copyright management through proper implementation of the law.
What is Copyright?
Copyright is a legal means of protecting an author’s work. It is a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author. This means whatever content the author created cannot be used or published by anyone else without the consent of the author
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.
- In addition, special moral rights lie with the author.
Who can apply?
According to section 56 of the Copyright Act, 2000 Registration of copyrights.-(1) The author or publisher of, or the owner of, or other people interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fees 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 sub-section (1), the Registrar may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights and issue a certificate of such registration to the applicant unless, for reasons to be recorded in writing, he considers that such entry should not be made in respect of any work.
After receiving the application the Registrar serves notice along with the said application to every person who has any interest in the subject matter of said application. After that, If any objection arises the Registrar hold such as he deems fit.
Who is the owner of Copyright?
The first owner of the copyright, in general, is the author.
The owner of the copyright may assign the copyright or grant any interest in the copyright by license. Licenses may also be granted by the Copyright Board.
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.
What are the Requirements to get copyright protection?
Copyright is basically the right to respect the author’s creation because an original work is the brain-child of the author. Before claiming copyright the work apart from being original, should satisfy the following conditions:
- In the case of published work, it has to be published first in Bangladesh but if it is first published in foreign country, the author must be a citizen of Bangladesh or domicile in Bangladesh at the date of publication, or where the author is dead at the time of publication and the work is published after his death, the author must be citizen of Bangladesh or domicile in Bangladesh at the time of his death. It is important to note that if any work is published in Bangladesh and any other country simultaneously, the work should be considered to be first published in Bangladesh. The work shall be considered to be simultaneously published if the difference of days between the publication in Bangladesh and publication in any other country more than 30 days or the time fixed by the Government.
- In case of unpublished work, the author is on the date of making of the work a citizen of Bangladesh or domicile in Bangladesh.
Term of Copyright
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.
Copyright in a cinematographic film, a sound recording, a photograph, a computer programmed or a work of the Government, a local authority or an international organization subsists until 60 years from the beginning of the calendar year next following the publication of the work.
What are the 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 programs as well as addresses and speeches.
Foreign works are covered by section 69 read with the International Copyright Order, 2005
Registration Procedure of Copyright
An application for copyright should be supported by the following documents:
- A completed application form
- Treasury challah
- Copies of the work to be registered
- Transfer deed of work in stamp paper (if applicable)
- Legal paper (Okalat nama) (if a lawyer submits the application form on behalf of the author)
Once the Registrar received any application for copyright, s/he shall serve notice of the concerned application to every person who has any interest in the subject matter of that application. If the Registrar receives any objection s/he may after holding such inquiry as s/he deems fit, enter such particulars of work in the register of copyright, which s/he considers proper. After registration, the Registrar shall sends copies of the entries made in the register to the parties concerned.
TRANSFER OF COPYRIGHT
Copyright may be assigned, transferred or licensed. The Copyright Office has prescribed form for transfer.
REMEDIES AGAINST INFRINGEMENT
There are three kinds of remedies against infringement of copyright, namely:
The owner of the copyright can bring civil action in which reliefs such as Anton Pillar Order (Search Order) injunction, accounts and damages can be sought. A suit or other civil proceedings relating to infringement of copyright is to be filed in the Court of District Judge, within whose jurisdiction the plaintiff resides or carries on business or where the cause of action arose irrespective of the place of residence or place of business of the defendant.
Criminal remedies provides for the imprisonment of the accused or imposition of fine or both, seizure of infringing copies etc. Criminal proceedings are available in order to punish the persons who have violated the copyright law.
Administrative remedies consist of moving to the Registrar of copyrights to ban the import of infringing copies into Bangladesh, when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright.