..::Copyright Registration and Infringement in Pakistan

Q. What law regulates Copyright laws in Islamic Republic of Pakistan?

A. Copyright laws are regulated by the Copyright Ordinance, 1962 and Copyright Rules, 1967 and they extend to whole of Pakistan.

Q. Who is the first owner of copyright as per copyright laws?

A. Author of a work shall be the first owner of the copyright.

Q. Is copyright registration necessary for protection in Pakistan?

A. Copyright Ordinance, 1962 does not require compulsory registration of copyright, copyright is secured automatically when work is created, but registration does provide certain rights and is highly recommended.

Q. Are computer software programs protected by copyright law in Pakistan?

A. Yes, computer software programs are protected by copyright law. Copyright protects an author’s original expression in a computer program.

Q. I am writing for a company, who owns the copyright, me or my company?

A. The general rule is that the person who creates a work is the author of that work and if a work is “made for hire,” then the employer, and not the employee, is considered the author. The employer may be an individual, firm, company or an organization.

Q. Can I copy or use text from another website on mine; do I need to give citation, any infringement?

A. Legally and ethically it is wrong you cannot copy someone’s work, however, when you copy a work and cites original work from which it is copied then there is no infringement and if the website has terms of use or a license agreement you should need to follow that.

Q. Someone infringed my copyright. What can I do?

A. Then court action is necessary to stop him.

Q. What is the duration of Copyright?

A. Copyright Ordinance 1962 provides that in any literary, dramatic, musical or artistic work published within the life-time of the author until fifty years from the death of the author and term of copyright in cinematographic, records and photographs shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is published.

Q. What is meant by plagiarism?

A. It is the attempt to passing off someone’s work as your own.

Q. Someone copied my website, how can I protect my website?

A. You can display a copyright notice on your website so that infringers cannot claim they do not know your work is protected, to prevent the defense of innocent infringement, even though copyright notice is not required.

Q. If something like website, book etc. doesn’t have a copyright notice can it be copied?

A. No, copyright applies as soon as the work is created you need to take permission from the author.

Q. Can I copyright my website?

A. Yes.

Q. Who owns a copyright in a movie and song?

A. The producer of the movie is the first owner of the copyright subject to any prior agreement and as song has various components in it like music, lyrics etc. which include multiple subject matter of copyright in it and cannot be merged. Thus, no single person owns a song and cannot have a copyright over it but there are few exceptional cases which are considered where the music, lyrics and all the components are authored by the same person.

Q. I am translating a book from English into Urdu? Do I need permission from author or publisher?

A. Yes, you do need permission to translate a book and can also apply to the Copyright Board for a licence to produce and publish a translation.

Q. What is a copyright license agreement?

A. This is an agreement by which the owner of the copyright in a work permits another person to exercise his rights; the said agreement has to be in writing.

Q. I found an image on “Google Images” can I use it?

A. Your question is answered by Google Images which is reproduced “The images identified by the Google Image Search service may be protected by copyrights. Although you can locate and access the images through our service, we cannot grant you any rights to use them for any purpose other than viewing them on the web. Accordingly, if you would like to use any images you have found through our service, we advise you to contact the site owner to obtain the requisite permissions.” You can also read from this given link http://www.google.com/intl/en_extra/help/faq_images.html.

Q. After author’s death how will the right of inheritance will be transferred as regard to copyright?

A. Inheritance law will be applied and rights will be transferred.

Q. When copyright infringed?

A. Copyright in a work shall be deemed to be infringed when any person without the consent of the owner of the copyright, without a licence granted by such owner or the Registrar of Copyrights does anything, the exclusive right to do which is by copyright ordinance conferred upon the owner of the copyright.

Q. I bought a book protected by copyright, am I free to make copies as I wish?

A. No, you should abide by copyright laws. Buying a copy of book, computer program, video, CD etc. by itself does not necessarily give you the right to make further copies. The right will remain with the owner, whose permission is necessary.

Q. When can I use a work under an exception to copyright or what acts which do not constitute infringement?

A. Copyright Ordinance, include a number of limitation and exceptions, which limit the scope of copyright protection, and which allow free use of woks under certain circumstances. The object of these provisions is to encourage private study, research and promotion of education. The exceptions contained in the copyright ordinance also include fair dealing of a copyrighted work.

Q. According to Copyright Ordinance what are the civil remedies for copyright infringement?

A. A copyright owner can take legal action against person who infringes the copyright. The copyright owner is entitled to remedies by way of injunctions, damages and accounts and otherwise as are or may be conferred by law for the infringement of right.

Q. What are the remedies for infringement of copyright?

A. Copyright law enables right holders to take legal action against anyone encroaching on the exclusive rights of the copyright holder. There are three kinds of remedies against infringement of copyright according to Copyright Ordinance, 1962 i.e. civil remedies, criminal remedies and administrative remedies.

Q. Copyright offence committed by a company, who will be responsible?

A. According to section 71 of the Copyright Ordinance, 1962 where any offence under the said ordinance has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

Q. What are the offences and penalties for infringement of Copyright law in Pakistan?

A. Offences and Penalties are mentioned as under:

Penalty for unauthorised reproduction or distribution of counterfeit copies of sound recording and cinematographic work shall be punishable with imprisonment which may extend to three years or with fine or with both.

Penalty for unauthorised reproduction or distribution of counterfeit copies of sound recording and cinematographic work shall be punishable with imprisonment which may extend to three years or with fine or with both.

Penalty for exploitation and appropriation of recording or audio-visual work intended for private use shall be punishable with imprisonment which may extend to three years or with fine or with both.

Penalty for making copies or reproduction in excess of those authorized by the copyright owner or his successor in title shall be punishable with imprisonment which may extend to three years or with fine or with both.

Penalty of unauthorized rental of cinematographic works and computer programmes shall be punishable with imprisonment which may extend to three years or with fine or with both.

Possession of plates for purpose of making infringing copies shall be punishable with imprisonment which may extend to two years or with fine or with both.

Penalty for making false entries in the Register, etc., or producing or tendering false evidence shall be punishable with imprisonment which may extend to two years or with fine or with both.

Penalty for making false statements for the purpose of deceiving or influencing any authority or officer shall be punishable with imprisonment which may extend to two years or with fine or with both.

Penalty for making false statements for the purpose of deceiving or influencing any authority or officer shall be punishable with imprisonment which may extend to two years or with fine or with both.

False attribution or authorship, etc. shall be punishable with imprisonment which may extend to two years or with fine or with both.

2 comments on “..::Copyright Registration and Infringement in Pakistan

  1. Dear sir , there are a number of web sites which provide audio versions of books written by other authors. is that a legal. What if someone wants to do audio translation of books for learning reason that is free of cost. is that legal. coz reason is that in URDU lots of work is in libraries and there is a need to make it more accessible for world in the form of audios.

    Like

    • if the copy rights of those books are reserved then any translation or audio version should be with the authority of publisher or author otherwise its infringement of the copy rights

      Like

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