Who can apply for a copyright in Bangladesh?
The relevant provisions of the Copyright Act, 2000 state that an application for registering copyright may be made by the author or publisher of, or the owner of, or other people interested in the copyright. Once an application is received by the Registrar, he or she may, after holding an enquiry deemed essential in his or her opinion, enter the details of work in the Register of Copyrights and issue a certificate of such registration to the applicant unless, for reasons that have to be recorded in a written form, the Registrar decides that such entry should not be made in respect of any work.
The primary ownership of the copyright under general circumstances lies with the author. However, 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 in consultation with the author.
What are the documents required for Copyright Registration in Bangladesh?
Every application that is submitted to the Copyright Office for consideration has to be accompanied with certain documents that assist in the Registrar’s assessment. Given below are the documents required for different types of copyrightable works:
In Case of Artistic Works:
- 2 Copies of work
- DD/IPO of Rs. (as applicable) per work
- NOC from author if applicant is different from author.
- NOC from publisher if work published and publisher is different from applicant.
- Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods.
- NOC from person whose photograph appears on the work.
- If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
In Case of Cinematographic Films
- 2 Copies of work
- DD/IPO of Rs. (as applicable) per work
- NOC from various copyright holders or copy of agreement (deed of assignment).
- NOC from publisher if work published and publisher is different from applicant.
- If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
In Case of Music
- 2 Copies of work (Graphical Notes)
- DD/IPO of Rs. (as applicable) per work
- NOC from publisher if work published and publisher is different from applicant.
- NOC from author if applicant is other than author.
- If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
In Case of Literary/Dramatic Work
- 2 Copies of work
- DD/IPO of Rs. (as applicable) per work
- NOC from publisher if applicant is other than publisher and work is published.
- NOC from author if applicant is other than author.
- If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney
Determining Ownership of Copyright
- Public addresses/speeches- Usually the person who delivers the speech is the owner of the copyright, provided he is not giving the speech on behalf of someone else.
- Computer Program- The individual or individuals, or institution that was appointed to create the program is/are considered the first owner(s) of the computer program, unless stipulated otherwise in a contract.
- Local Authority- In case of a work made or published by or under the direction or the control of any local authority, such authority is the first owner.
- Government Work- In all cases of work for the government, the government will be considered the first owner of the copyright.
Why is it important to get your work Copyrighted?
As a form of intellectual property, copyright is an extremely important tool for original creators. There are several reasons to get your work copyrighted, some of which have been mentioned below:
- In case the creator is involved in an infringement lawsuit, the register copyright provides legal proof of ownership which serves to maximise the damages and mini
- Registering your copyright ensures that the creator is the only person who is allowed to produce sequels, pursue adaptations or publish reinterpretations of the original work.
A copyright implies 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 to this, special moral rights lie with the author.
Duration Of The Copyright
Under the copyright law of Bangladesh, depending on the nature of work, there is a specific period of time for which the copyright is valid. The rights arising to the owner or other beneficiaries from the copyright exist only during this time. The durations are given below:
|
NATURE OF THE WORK |
DURATION |
|
Literary, Artistic, Musical, Dramatic Works |
60 years from the beginning of the calendar years next following the year in which the author dies (Life + 60 years) |
|
Photographs |
60 years from the beginning of calendar year next following the year in which the photograph is published (60 years from publication) |
|
Cinematographic film |
60 years following the year in which the film is published (60 years from publication) |
|
Performance |
50 years from the beginning of the year next following the year in which the performance is made (50 years from the first performance is made) |
|
Sound Recordings |
60 years from the date of publication |
|
Broadcasting |
25 years from the beginning of the calendar year next following the year in which the broadcasting is made (25 years from broadcasting) |
|
Joint authorship of work |
60 years from the death of last surviving author ( 60 years from death of the last surviving author) |
|
Government work and work of local authorities |
60 years from the date of publication |
Steps Of Obtaining A Copyright In Bangladesh
- Filing Of An Application
The first step to obtaining a copyright registration in Bangladesh is filing the properly drafted application as per the rules given in the First Schedule of the 2000 Act. The law requires each application to be accompanies by the prescribed fee mentioned in the Second Schedule of the Copyright Rules. In addition to this, the copyright of each singular work requires a separate, corresponding application. The copyright application should be duly signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed.
- Examination and Notice Procedure
Once the application has been filed, it is thoroughly examined by the Registrar. This is followed by serving a notice regarding the concerned application to every person who is likely to have an interest in the subject matter of the application. Any such individual who has an objection to the registration of the copyright in question has to file a letter of objection with the Copyright Office.
The objection letter must state the following-
- Details of the interested party
- Application No. and files of the work against which objection is filed
- Grounds for objection against registration of copyright
- Documentary evidence that substantiates the objection claimed in the letter
- Other documents/details as per the objection raised/required by the Copyright Office
- Registration
If the Registrar receives any objection, he may after holding an inquiry through due process, enter the specifics of the work in the application in the Register of Copyright and issue a certificate of registration to the applicant. If he rejects the application, the Registrar has a duty to record in writing the grounds of such refusal or rejection.
Copyright Infringement In Bangladesh
The following acts amount to copyright infringement in Bangladesh:
- Making unauthorised use of the copyrighted work without the explicit permission of the copyright owner of such work.
- Performing an act which comes within the purview of the exclusive right of the owner of the copyright.
- Importing infringing copies of the copyrighted work
- Using the copyrighted work in trade exhibits in public
- Permitting for profit any place to be used for the performance of the work in public where such performance constitutes an infringement of the copyright in the work
- Distributing either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright
The copyright owner whose copyright has been infringed has a number of legal remedies in order to protect his or her creation including:
- Filing a civil suit in order to secure an injunction, furnishing of accounts of the infringing party and claiming damages. 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.
- Filing a criminal suit for the apprehension and imprisonment of the infringing party 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 through filing an application with the Registrar of Copyrights seeking a ban on the import of infringing copies into Bangladesh.
Mahbub & Company has a leading Intellectual Property practice that deals with Trademark, Copyright, Patent issues and more. Get in touch with us today to understand how we can help you.
