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					In the Name of Allah the Most Beneficent
         and the Most Merciful




                                           1
 Copyright Law, Rules and Registration
        Procedure in Pakistan
                       By
             SYED NASRULLAH
                Assistant Director
          Copyright Office, IPO-Pakistan
           syed.nasrullah@ipo.gov.pk



ONE DAY TRAINING COURSE ON COPYRIGHT LAW
               IN PAKISTAN.

        IP-Academy, IPO-HQs, Islamabad,
               February 26, 2009


                                           2
                  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.


                                                     3
   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.



                                                 4
    International Treaties/Conventions on
                  Copyright
•      Berne Convention, 1886 (Signatory)
•      Universal Copyright Convention, 1952
       (Signatory)
•      TRIPS Agreement, 1994 (Signatory)
•      Rome Convention, 1961
•      WCT, 1996
                              Internet Treaties
•      WPPT, 1996

                                                  5
    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.
   Branch office in 1986 at Lahore.                    6
    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   etc.).
 Part-IV:    Records Works
   (Audio Cassettes and CD’s).                               7
                 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.   8
          Economic Rights

 Publication,
 Reproduction,
 Broadcasting,
 Public Performance,
 Adaptation,
 Translation,
 Public display,
 Distribution              9
    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     Works: 50
    years after first publication              10
     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.

                                                12
    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.
                                                         13
                         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.
           3




                 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.
                                                                       14
    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.



                                                        15
                  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.                      16
                   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
                                                           17
        compensations also.
         Penalties and Cognizance

 Penalties
 Imprisonment             three years
 Fine                     Rs. one lac /two lacs
 Or both


 Cognizance Agencies
 District Police
 FIA
 Pakistan Customs
 Private Detection Agencies
                                                   18
        Registration of Copyright

   Registration of Copyright-Optional

   Register of Copyright is available under four parts, as
    under: -


         Part-I   Literary, Dramatic & Musical Works
         Part-II Artistic Works
         Part-III Cinematographic Works
         Part-IV Record Works

                                                              19
           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.
                                                                 20
 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)



                                          22
                    Copyright Forms

S.No      Form                            Description                      Fee (PKR)
 1     FORM-II    APPLICATION FOR REGISTRATION OF COPYRIGHTS                       500
                  APPLICATION FOR REGISTRATION OF CHANGES IN PARTICULARS
 2     FORM-III   OF COPYRIGHT                                                     500
 3     FORM-IV    APPLICATION FOR LICENCE                                         1500
 4     FORM-V     APPLICATION FOR RELINQUISHMENT OF COPYRIGHT                     1500
                  APPLICATION FOR PROHIBITION ON IMPORTATION &
 5     FORM-VI    EXPORTATION OF INFRINGING COPIES                                2000
 6     FORM-VII LICENCE UNDER SECTION 37 OF COPYRIGHT ORDINANCE,1962              1500
 7     FORM-A     APPLICATION TO THE COPYRIGHT BOARD FOR PUBLICATION               500
                  APPLICATION TO THE COPYRIGHT BORAD TO DETERMIN THE
 8     FORM-B     DURATION OF COPYRIGHT                                           1500
                  APPEAL TO COPYRIGHT BOARD AGAINST INFRINGEMENT OF
 9     FORM-C     WORK                                                            1500
                  APPLICATION TO COPYRIGHT BOARD FOR OBJECTION TO
10     FORM-D     PERFORMING RIGHT SOCIETY                                        1500
11     FORM-E     APPEAL TO COPYRIGHT BOARD FOR COMPULSORY LICINCE                1500
12     FORM-F     APPEAL TO COPYRIGHT BOARD FOR TRANSLATION OF A WORK             1500
                  APPEAL TO COPYRIGHT BOARD RECTIFICATION OF REGISTER OF
13     FORM-G     COPYRIGHT                                                       1500
14     FORM-H                                                                     1500
       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:     copyright@ipo.gov.pk
 Lahore:
  IPO Regional Office, 3rd Floor, Farid Tower, 19- Tample
  Road, Lahore
  Telephone No.              Fax No.
  042-7224394-5              042-7224396
                                                        27
  Email Addresses: lahore@ipo.gov.pk
                Two sides of the coin




Faiz Ahmed Faiz Leading poet had to
seek one job or the other totally unrelated to    Sydney Sheldon
his creative temperament
                                             28   An American Novelist
                                                  A Millionaire
Two sides of the coin




               Michael Jackson

                                 29
 Two sides of the coin




                  Madonna
Mehdi Hassan


                            30
                 Two sides of the coin




Fahmida Riaz                     J.K. Rowling
Popular poet and novelist   31
                                 Royalties have made her richer than
                                 the British Queen
    THANKS
    www.ipo.gov.pk
   info@ipo.gov.pk
copyright@ipo.gov.pk
    tmr@ipo.gov.pk
  patent@ipo.gov.pk
  lahore@ipo.gov.pk
                       32

				
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