THE COPYRIGHT ORDINANCE, 1962
ORDINANCE NO. XXXIV OF 1962 (2nd June,1962).
An Ordinance to amend and consolidate the law relating to Copyright.
Whereas it is expedient to amend and consolidate the law relating to Copy
right;
Now, THEREFORE, in pursuance of the proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:
CHAPTER I
PRELIMINARY.
1. Short title, extent and commencement.-(J) This Ordinance may be called the Copyright Ordinance, 1962.
~. Definition.-In this Ordinance, unless there is anything repugnant in the subject or context,
(iii) in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; and
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(iii) any other work' of artistic craftsmanship;'
(iii) in relation to an artistic work other than a photograph, the artist;
\
U> "bui1~g" includes any structure;
(k) "calendar year" means the year commencing on the 1st day of lanuary:
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..
,.' (I) "cinematographic work" l11~ns a ly sequence of visual i~ges fixed {;:J J,: . on material of any descril1Upn (wl1ether translucent or not) 80 as to be " .' c.:.,:~'; capable of being shown ~I , ploviJtgpicture and ofbeing the ~ubject or
,r
.~ .ffrep,roduction, whether sjl~At or accompanied by sound;
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(m) "copy" means a reproduction in a written form or in the form of a
"I, .': . sfffind recording or cinematograshic work or in any other material ..fohn; whether in two or three di mensions;
. (It) "copyright" .means copyright under this Ordinance; • (~). ~~~liverl'''.~ relation to .a, lecture, includes delivery by mealS or.any . m.wcal Instrument or bybrop.d~s.t. Qr teleqst;· . ,. )
(iii) in relation to a record, any record embodying the same recording
either in its original form or in any form derived from the original;and .
(;v) in relation to a programme in which a broadcast reproduction right subsists under section 24, a cinematographic work or a record, recording the whole programme or: a part thereof,
if such reproduction, copy or record is made or imported iA constravention of any of the provisions of this Ordinance;
(za) "newspaper" means a newspaper g,s defined in section 2 (n of the printing Presses and Publications (Declaration and Registration) Act, 1973 (XXIII of 1973), printed or 'published in conformity with the provisions of part III of the said Act;
(zb) "performance" includes any mode of visual or acoustic presentation, including any such presentation by the exhibition of a cinematographic work, or by means of broadcast, or by the use of a record, or by any other means and, in relation to a lecture, includes the delivery of such lecture ;
(zc) "performing right society" means a society, association or other body, whether incorporated or not, which carries on in Bangladesh the business of issuing or granting licences for the performance in Bangladesh of any works in which copyright' subsists;
(zd) "photograph" includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematographic work;
(ze) "plate" Includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative tape, wire, optical films, or other device used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliances by which records for the acoustic presentation of the work are or are intended to be made;
(zf) "prescribed" means prescribed by rules made under this Ordinance;
(zg) "public libraries" means the National Library of Bangladesh designated as such by the Government and any three other libraries as may be specified by the Government in this behalf by notification in the official gazette;
(zh) "rebroadcast" means a simultaneous or subsequent broadcast by one
. Broadcasting Authority of the broadcast of another Broadcasting Authority, whether situated in Bangladesh or abroad, and includes distribution of such broadcast over wires and "rebroadcasting" shall be construed accordingly;
(zi) "record" means any disc, tape, wire, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom, other than a sound track associated with a cinematographic work;
(zj) "recording" means the aggregate of the sound, embodied in, and capable of 'being reproduced by means of a record;
(zk) "reproduction" in the case of a literary, dramatic or musical work, includesa reproduction in the form of a record or of a cinematographic work or the sorting of the work in a computer or other device by means of which it can be read or otherwise perceived and, in the case of an artistic work, includes a version produced by converting the work into a three-dimensional form, or if it is in three dimensions, by converting it into a two dimensional form and references to reproduction of a work shall be construed accordingly;
s
(zl) "Registrar" means the Registrar of Copyrights appointed under section 44 and includes a Deputy Registrar of Copyrights discharging any function of the Registrar;
(zm) "work" means any of the following works, namely:
(iii) a record; and
(iv) a broadcast;
(zn) "work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors; and
(zo) "work of sculpture" includes casts and modelsj]!
,. 3. Meaning of copyright.-(J) For the purposes of this Ordinance, "copyriiht" means the exclusive right, by virtue of, and subject to the provisions of, tills Ordinance,
(iii) to perform the work in public;
(vii) to make any adaptation of the work;
(viii) to do in relation to a translation or an adaptation of the work any of the acts specified in relation to the work in sub-clauses (0 to (vi);
(iii) to use the work in a cinematographic work;
(iv) to show the work in television;
lSub•. sec. 2 ibid by the Act. No. LIV of 1974. ZSubs. by the Act. No, J.,IV of 1974. s. 3 (1) (a) (vi) Ibid.
(il) to cause the work in so far as it consists of visual images. to be seen in public and. in so far as it consists of sounds, to be heard in public;
(iii) to make any record embodying the recording in any part of the sound track associated with the work by utilising such sound track;
(iV)l[to broadcast the work;)
(iii) to cause the recording embodied in the record to be heard in public;
4. Meaning of publication.-(J) For the purposes of this Ordinance. "publication" meana-«
but does not, except as otherwise oxpreasly provided in this Ordinance. include,
(I) in the case of a literary. dramatic or musiCal work. the issue of any records recording such work;
(i/) in the case of a work of sculpture or an architectural work of art. tho issue of photographs and engravings of such work.
----------------------_......_
lSubs. by Act No. LlV of 1974,s. 3 (I) (c) (iv) Ibid.
as~\)s. by ~ct !'ill. I,JV of 1?74, s, 3 (I) (4) (iv) Ib14.
,
~. If any question arises under sub-section (I) whether copies of any literary, dramatic, musical or artistic work, or records issued to the public are sufficient in quantities, it shalll be referred to the Board whose decision thereon shall be final.
S. When work not deemed to be published or performed in public.-Except for the purposes of infringement of copyright, a work shall not be deemed to be published or performed in public, and a lecture shall not be deemed to be delivered in public, if published, performed in public or delivered in public, without the licence or consent of the owner of the copyright.
6. When work deemed to be first published in Bangladesh.-(J) For the purposes of this Ordinance, a work published in Bangladesh shall be deemed to be first published in Bangladesh, notwithstanding that it has been published simultaneously in some other country, unless such other country provides a shorter term of copyright for such work; and a work shall be deemed to be published simultaneously in Bangladesh. and in another country if the time between the publication in Bangladesh and the publication in such other country does not exceed tbirty days.
(2) If any question arises under sub-section (1) whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Ordinance, it shall be referred to the Board whO se decision thereon shall be final.
CHAPTER II
COPYRIGHT, OWNERSIDP OF COPYRIGHT AND THE ~.. RIGHTS OF THE OWNER.
[Cd) Broadcasts.]3
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(iii) in the case of an architectural work of art, the work is located in. Bangladesh;
[(iv) in the case of a record, the.. recording is made in Bangladesh; and
[(e) in any broadcast, if a substantial part of the broadcast, is an infringe-ment of the copyright in any other work.)6 .. _..
(4) The copyright or the lack of copyright in a cinematcrgraphic work [or a broadcastl? or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the work 7[or the broadcast) or as the case may be, the record is made.
lOmitted by Act No. LlV of 1974, s, 10 (t)(b)
2Subs. by Act No. LIV of 1974, s, 10 (1) (c) for semi-colon,
3Added by Act No. LtV of 1974, s. 10 (1) (d) ibid.
40mitted by Act No. LIV of 1974, s, 10 (2) (iO, the word "and".
SAdded by the Act No. LIV of 1974, s, 10 (iv), ibid.
6Added by Act No. LIV of 1974, s. 10 (3) (c).
71~. br Act No. LIV of 1974, s. 10(4), ibid.
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(5) In the case of an architectural work of art, copyright shall subsist only in the artistic character and design and shall not extend to the processes or method of construction.
11. Work of joint authors.-Where, in the case of a work of joint authorship, some one or more of the joint authors do not satisfy the conditions conferring copyright laid down by this Ordinance, the work shall be treated for the purposes of this Ordinance as if the other author or authors had been the sole author or authors thereof :
Provided that the term of the copyright shall be the same as it would have been if all the authors had satisfied such conditions.
12. Provision as to designs registrable under Act II of 1911.-(1) Copyright shall not subsist under this Ordinance in any design which is registered under the Patents and Designs Act, 1911 (II of 1911).
(2) Copyright in any design which is capable of being registered under the Patents and Designs Act, 1911 (II of 1911), but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.
13. First owner of copyright.-Subject to the provisions of this Ordinance, the author of a work shall be the first owner of the copyright therein:
Provided that,
14:. Assignment of copyright.-(I) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof:
Provided that, in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence:
Provided further that, where the owner of the copyright in a work is the author of the work, no assignment of the copyright in the work or of any interest in such copyright shall be made, or if made shall be effective (except where the assignment is made in favour of government or an educational, charitable, religious or non-profit institution) for a period of more than ten years beginning from the calendar year next following the year in which the assignment is made; if an assignment of the copyright in a work is made in contravention of this proviso, the copyright in the work shall, on the expiry of the period specified in this proviso, revert to the author (who may re-assign the copyright in the work subject to the provisions herein contained), or if the author be dead to his representatives in interest:
l[Provided further that the copyright in an unpublished work assigned by its
author to any person or organisation for the specific purpose of publication shall
revert to the author if it is not published within a period of three years from the
date of its assignment, subject to the condition that prior to such assignment the
work is registered under this Ordinance].
lAdded by Act No. L1V of 1974, s. 14.
CHAPTER III
TERM OF COPYRIGHT
18. Term of copyright in published literary, dramatic, musical and artistic works.-Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work (other than a photograph) published within the life-time of the author until fifty years from the beginning of the calendar year next following the year in which the author dies.
Explanation-In this section, the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.
19. Term of copyright in posthumous work.-(l) In the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author or, in the case of any such work ofjoint authorship, at or immediately before the date of the-death of the author who dies last, but which or any adaptation of which, has not been published before that date, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published or, where an adaptation of the work is published in any earlier year, from the begi
nning of the calendar year next following that year.
(2) For this purposes of this section, a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, if it has been performed in public or if any records made in respect of the work have been sold, or offered for sale, to the public.
20. Term of copyright in cinematographic works, records and photographs.
(II) In the case of a cinematographic work, copyright shall subsist until fifty years fro.n the beginning of the calendar year next following the year in which the work is published.
~2) In the case of a record, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the record is published.
. (3) In the case of a photograph, copyright shall subsist until fifty years from "the beginning of the calendar year next following the year in which the photograph is published.
1[20A. Term of copyright in broadcast.-In the case of a broadcast, copyright shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast first took place.]
21. Term of copyright in anonymous and pseudonymous work.-(1) In the case of a literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published:
Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the author dies.
Explanation-s-Pot the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Board by that author.
22. Term of copyright in Government works and in works of International Organisations.-(l) Copyright in a Government work shall, where government is the first owner of the copyright therein, subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published.
IIns. by Act No. LIV of s, 20A ibid. 2Sic. should rrad ,'pseudoDYrns".
{2) In the case of a work of an international organisation to which the provisions of section 53 apply, copyright shall subsist shall until fifty years from the beginning of the calendar year next following the year in which the work is first published.
23. Term of copyright in unpublished work.-( 1) If a work, whose author's identity is known, is not published posthumously within fifty years after the death of the author, such work shall fall into the public domain after fifty years from the beginning of the calendar year next following the year in which the author dies.
(2) If a work, whose author's identity is not known, is not published within fifty years of its creation, such work shall fall into the public domain after fifty years from the beginning of the calendar year next following the year in which the work is created.
CHAPTER IV
RIGHTS OF BROADCASTING ORGANIZATIONS
24. Rights of Broadcasting Organizations.-(J) Broadcasting organizations shall enjoy the right to authorise,
CHAPTER V
RIGHTS IN PUBLISHED EDITIONS OF WORKS
CHAPTER VI
PERFORMING RIGHTS SOCIETIES
31. Performing rights society to file statements of fees, charges and royalties.-(1) Every performing rights society shall within the prescribed time and in the prescribed manner, prepare, publish and file with the Registrar, statements of all fees, charges or royalties which it proposes to collect for the grant of licencesfor the performance in public of works in respect of which it has authority to grant such licences.
(2) If any such society fails, in relation to any work, to prepare, publish or file with the Registrar the statements referred to in sub-section (1) in accordance with the provisions of that sub-section, no action or other proceeding to enforce any remedy, civil or criminal, for infringement of the performing rights in that work shall be commenced except with the consent of the Registrar.
32. Objections relating to published statements.-Any person having any objections to any fees, charges or royalties or other particulars included in any statement referred to in section 31 may at any time lodge such objections in writing at the Copyright Office.
33.. Determination of objections.-(l) Every objection lodged at the Copyright Office under section 32 shall, as soon as may be, be referred to the Board, and the Board shall decide such objection in the manner hereinafter provided.
34. Existing rights not affected.-Nothing in this chapter shall be deemed to affect
CHAPTER VII
LICENCES
35. Licences by owners of copyright.-The owner of the copyright in any existing work or the prospective owne r of the copyright in any future work may grant any interest in the copyright by licence in writing signed by him or by his duly authorized agent :
Provided that in the case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence.
Explanation.-When a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.
36. Compulsory licence in works withheld from public.-(l) If at any time during the term of copyright in l[Bangalee] work which has been published or performed in public, an application is made to the Board that the owner of the copyright in the work
the Board, after giving to the owner of the copyright in the work a reasonable opportunity ofbeing heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that such refusal is not in the public interest, or that the grounds for such refusal are not reasonable, direct the Registrar to grant to" the applicant a licence to republish the work, perform the work in public or communicate the work to the public by 2[Broadcast], as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the Board may determine ; and thereupon the Registrar shall grant the licence to the applicant in accordance with the directions of the Board, on payment of such fee as may be prescribed.
(2) Where two or more persons have made applications under sub-section (1), the licence shall be granted to the applicant who, in the opinion of the Board, would best serve the interests of the general public,.
37. Licence to produce and publish translations.-(l) Any citizen of Bangladesh or a person domiciled in Bangladesh may apply to the Board for a licence to produce and publish a translation of a literary or dramatic work in 3[Bengali] or a language ordinarily used in Bangladesh.
lSubs. by Act No. LIV of 1974, s, 36 (1) for "Pakistan".
2Subs. by Act No. LIV of 1974, s, 36 (1) (b) for "Radio diffusion".
3Subs. by Act No. LIV of 1974, s, 37 (1), for "l\ny Pakistani Language".
Provided that no such licence shall be granted, unless
CHAPTER VIII
REGISTRATION OF COPYRIGHT
38. Registrar of Copyrights, indexes form and inspection of Register.-(J) The Registrar shallkeep at the Copyright Office a registerin the prescribedform to be called the Register of Copyrights in which shall be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed.
(2) The Registrar shallalso keep such indexes ofthe Registerof Copyrights as may be-prescribed.
(3)The RegisterofCopyrightsandtheindexesthereofkept under this section shall at all reasonable times be open to inspection, and any person shall beentitled
. to take copies of, or make extracts from, any such register or index on payment of suchfeeand subject to such conditions asmay beprescribed.
10mitted by Act No. L!V of 1974 s, 37 (4) (d).
39. Registration of copyri&hts.-(J) The author or publisher of, or the owner of, or other person interested in the copyright in, any work may make an appli
. cation in the prescribed form accompanied by the prescribed fee to the Registrar for entering particulars ofthe work in the Register of Copyrights.
(2) On receipt of an application in respect ofany work under sub-section (1), the Registrar shall enter the particulars of the work in the Register of Copyrights and issue a certificate ofsuch registration to the applicant unless, for reason to be recorded in writing, he con siders that such entry should not be made in respect of
any work.
40. Registration of assignments, ete., of copyrights.-(J)Any person interested inthegrantofaninterestin acopyrighteitherbyassignmentorlicence,maymake an application in the prescribed form, accompanied by the prescribed fee, the orginal instrument of such grant and a certified copy thereof, to the Registrar for entering the particulars ofthe grant in the Register of Copyrigths.
41. Co rrection of entries in the Register of Copyrights and indeXes, etc.-(1) The Registrar may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights and the indexes by
42. Register of copyrights to be prima facie evidence of particulars entered therein.-(J) The Register of Copyrights and the indexes shall be primafacie evidence of the particulars entered therein and documents purporting to be copies ofany entry therein or extractthrefrom certified by the Registrar and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without furth.er proof or production of the original.
(2) A certificate of registration of copyright in a work shall-be primafacie evidence that copyright subsists in the work and that the person shown in the certUlcate as the owner of the copyright is the onwer of such copyright.
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CHAPTER IX
COPYRIGHT OFFICE, REGISTRAR OF COPYRIGHT AND C OPYRIGlIT BOARD.
43. Copyright Office.-(J) There shall be established for the purposes of this Ordinance an office to be called the Copyright Office.
44. Registrar and Deputy Registrars of Copyrigbts.-(1) The Government shall, for the purposes of this Ordinance, appoint a Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights.
(iii) exercise the powers conferred and perform the duties imposed upon him by or under this Ordinance;
45. Copyright Board.-1[(J) The Government shall constitute a Board to be called the Copyright Board consisting of the following members, namely :
(iii) The Registrar, ex-officio.]
(2) The members, including the Chairman of the Board, other than the exofficio member, shall hold office for such period and on such terms and conditions as may be prescribed.
1[(3) The Chairman shall be appointed from among eminent jurists and educationists.]
ISubs. by Act No. LIV of 1974, s. 45 (1) (3), ibid.
46. Powers and procedure of the Board.-(J) The Board shall, subject to any rulesthatmay>bemadeunderthisOrdinance, havepowertoregulate its 0W!l procedure, including the fixing of places and times ofits sittings.
.'.(2) Ifthereisadifference'ofopinionamongthemembers oftheBoard in respect ofanymatter-coming beforeitfordecisionunderthisOrdinance,theopinion ofthe majority shall prevail :
Provided that where there is no such majority the opinion ofthe Chairman shall prevail.
CHAPTER X
DELIVERY OF BOOKS AND NEWSPAPERS TO PUBLIC LmRARIES.
47. Delivery of books to public libraries.-(l) Subject to any rules that may be made under this Ordinance, but without prejuice to the provisions contained in l[section 24 of the printing Presses and Publications (Declaration and Registration Act, 1973 (XXIII of 1973)], the publisher of every book published in Bangladesh after the commencement of this ordinance, shall, notwithstanding any agreement to the contrary, deliver at his own expense, one copy of the book to each of the three public libraries within thirty days from the date of its publication.
(2) The copy delivered to the 2[National Library ofBangladesh] shall be a copy of the whole book with all maps and illustrations belonging thereto finished and coloured in the same manner as the best copies of the same, an d shall be bound sewed or stitched together and on the best paper on which any copy of the book: is printed.
lSubs.byActNo. LIVof1974,s.47(1). 2Subs.by Ord. No. XXof 1978, 8.46(5) ibid.
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(3) The copy delivered to any other public library shall be on the paper on which the largest number of copies of the book is printed for sale, and shall be in the like condition as the books prepared for sale.
(-1) Nothing contained in sub-section (1) shall apply to any second or subsequent edition of a book in which edition no additions or alterations either in the letter press or in the maps, book prints or other engravings belonging to the book have been made, and a copy of the first or any other edition of which book has been delivered under this section.
'. 48. Delivery of newspaper to public libraries.-Subject to any rules that may be the made under this Ordinance, but without prejudice to the provisions contained in l[section 26 of the Printing Presses and Publications (Declaration and Registration) Act, 1973 (XXIII of 1973], the publisher of every newspaper published in Bangladesh shall deliver at his own expense one copy of each issue of such newspaper as soon as it is published to each of the three public libraries.
49. Receipt for books delivered.-The person in-charge of a public library (whether called a librarian or by any other name) or any other person authorized by him in this behalf to whom a copy of a book is delivered under section 47 shall give to the publisher a receipt in writing therefor.
. 50. Penalty.-Any publisher who contravenes any provision of this chapter or of any rule made thereunder shall be punishable with fine which may extend to fifty taka and, if the contravention is in respect of a book, shall also be punishable with the fine which shall be equivalent to the value of the book; and the Court trying the offence may direct that the whole or any part ofthe fine, realised from him shall be paid, by way of compensation, to the public library to which the book or newspaper, as the case may be, ought to havebeen delivered.
. 51. Cognizance of offences under this Chapter.-(l) No court shall take cognizanceofanyoffencepunishableunder thischaptersaveoncomplaintmade by an officer empowered in this behalf by the government by a general or special order.
(2) No court inferior to that of a Magistrate of the first class shall try any offence punishable under this chapter.
'. 52. Applicationof this chapter to books and newspapers published by govemment.-This chapter shall also apply to books and newspapers published by or under the authority of the Government, but shall not apply to books meant for official use only.
CHAPTER XI
INTERNATIONAL COPYRIGHT.
53. Povisions as to works of certain international organisation.-(l) The government may, by notification in the official Gazette, declare that this section shall apply to such organizations as may be specifiedtherein of which one or more sovereign powers or the Government or Governments thereof are members.
1. Subs. by Act No. LIV of 1974, s. 48 ibid
there shall subsist copyright in the work throughout Bangladesh.
(3) Any organisation to which this section applies which at the material time had not the legal capacity of a body corporate shall have, and be demeed at all materialtimestohavehad,thelegalcapacityof abody corporateforthepurpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright.
54. Power to extend copyright to foreign works.-1* • The Government may, by order published in the official Gazette, direct that all or any of the provisions of this Ordinance shall apply
and thereupon, subject to the provisions of this Chapter and of the order. this Ordinance shall apply accordingly :
Provided that
(i) before making an order under this section in respect of any foreign country (other than a country with which Bangladesh has entered into a treaty or which is a party to a convention relating to copyright to which Bangladesh is also a party), the government shall be satisfied that
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10mitted by Act No. LIV of 1974, S' 54, "(1)".
:H
that foreign country has made, or has undertaken to make such provisions, if any, as it appears to the Government expedient to require for the protection in that country of works entitled to copyright under the provisions of this Ordinance;
(ii) the order may provide that the provisions of this Ordinance shall apply either generally or in relation to such classes of works or such classes of cases as may be specified in the order ;
(iii) the order may provide that the terms of copyright in Bangladesh shall not exceed that conferred by the law of the foreign country to which the order relates ;
apply to works made, or first published, before the commencement . of the order.
55. Power to restrict rights in works of foreign authors first published in Bangladesh.-Ifit appears to the Government that a forei gn country does not give, or hasnot undertaken to give, adequate protection to the works of l[Bangalee] authors, the government may, by order published in the official gazette, direct that such of the provisions of this Ordinances as confer copyright on works first published in Bangladesh shall not apply to works, published after the date specified in the order, the authors whereof are subjects or citizens of such foreign country and are not domiciled in Bangladesh and thereupon those provisions shall not
apply to such works.
CHAPTER XII
INFRINGEMENT OF COPYRIGHT
56. When copyright infringed.-Copyright in a work shall be deemed to be infringed
conferred upon the owner of the copyright; or ----------_~~.,_~.~~----
lSubs. by Act No. LIVof 1974. s, 55, for "Pakistani".
I
(iii) by way of trade exhibits in public, or
(iv) imports into Bangladesh any infringing copies of the work.
Explanation.-For the purposes ofthis section, the reproduction ofa literary, dramatic, musical or artistic work in the form of a cinematographic work shall be deemed to be an "infringing copy".
57. Certain acts not to be infringement of copyright.-(l) The following acts shall not constitute an infringement ofcopyright, namely :-.
copy made or supplied in accordance with any law for 'the time being in fu~;
lSubs. by Act No. LIV of 1974, s, 57(1) (b) (ii), ibid.
Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years ;
Explanatione-Au the case of a work of joint authorship references in this clauses to passages from works shall include references to passages from works by anyoneor more ofthe authors ofthosepassagesorby anyoneormore ofthose authors in collaboration with any other person.
(iii) in answers to such questions ;
.(i) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematographic work or a record, if the audience is limited to such staff and students, the parents and guardians of the
. students and persons directly connected with the activities of the ins-
I. I
titution;' ,
U) the making of records in repect of any literary, dramatic or musical works, if
Provided that in making the records such person shall not make any alterations in or omissions from, the work, unless records recording the work subject to similar alterations and omissions have been previously made by, or with the licence or consent of the owner of the copyright, or unless such alterations and omissions are reasonably necessary for the adaptation of the work to the records in question;
Provided that where the identity of the author of any such work, grint"" case of a work of joint authorship, of any of the authors, is known to tb,library, museum or other institutions, as the case may be, the provision of thls clause shall apply only if such reproduction is made at a time more than fifty YC3rs from the dateofthedeathoftheauthoror,inthecaseofaworkofjointauthorsbip,frorn the death of the author whose identity is known or, if the identity of more ~ors than one is known, from the death of such one of those authors who dies last;
(q) the reproduction or publication of
(;) any matter which has been »ublished in any official gazette, or the report of any committee, co mmission, council, board or other like body appointed by the Government unless the reproduction or publication of such matter or report is prohibited by the government;
-------------_._----------------
'IDa. blF \ct No. ~IV <?f 1?74.s. 57(1) (0).
(I) the inclusion in a cinematographic work of
(;) any artistic work permanently situate in a public place or, any premises to which the public has access; or
Provided that he does not thereby repeat or imitate the main design of the work;
Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings or plans;
(x) in relation to a literary, dramatic or musical work recorded or reproduced in any cinematographic work, the exhibition of such work after the expiration of the term of copyright therein :
Provided that the provisions of sub-clause (ii) of clause (a), subclause (i) of clause (b) and clauses (f), (g), (m), and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgement.
"Explanation :---For the purposes of clause (a) or clause (b) of this sub-section
Provided that in a review of a newly published work reasonably longer extracts may be deemed fair dealing with such work.
(2) The provisions of sub-section (1) shall apply to the doing of any act in telatiofi to the translation of a literary, dramatic or musical work or the adaptaticn of a literary, dramatic, musical or artistic work as they apply in relatlon'to the work
il~elf,
58. Importatfon of infringing copies.-(J) The Registrar, on application by the owner of copyright in any work or by his duly authorized agent and on payment of the prescribed fee, may, after making such enquiry as he deems fit, order that copies made out of Bangladesh of the work which if made in Bangladesh would infringe copyright shall not be imported. .
CHAPTER XIII
CIVIL REMEDIES
59. Dcfiniti()n.-For the purposes of this Chapter, unless the context otherwise requires, the expression "owner of the Copyright" shall include-s
(u) an exclusive licensee;
(I» in the case of an anonymous or pseudonymous literary, dramatic, musiwork calor artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship or a work ofjoint authornship published under names all ofwhich are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise established to the satisfaction of the Board by that author or his legal representatives.
60. Civil remedies for infringement of copyright.-(J) Where copyright in any work 2[whi"h has been registered under this Ordinance or is otherwise deemed to have complied with the formalities of registration] has been infringed, the .ewner of the copyright shal1, except as otherwise provided by this Ordinance, be entitled to all such remedies by way of injuction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right:
Provided that if the defendant proves that at the date of the infringement he was not aware that copyright subsisted in the work and he had reasonable ground for believing that copyright did not subsist in the work the plaintiff shall not be entitled to any remedy other than an injuction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.
(2) where, in the case of a literary, dramatic, musical, or artistic work, a name purporting to be that ofthe author or the publisher, as the case may be, appears on copies ofthe work as published or, in the case ofan artistic work, appeared on the
lSubs. by Act N:>. LIV of 1974,s. S8 (3), ibid. r 2lns, b¥ Act No. LtV o~ 1974,s. 60 (1).
work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.
;(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.
, 61. Protection of separate right.-Subject to the provision of this Ordinance, where the several rights comprising the copyright in any work are owned by different persons, the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this Ordinance and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit or proceeding.
62. Author's special rights.-(I) Notwithstanding that the author of a work may have assigned or relinquished the copyright in the work, he shall have the right toe:;Jaimthe authorshipoftheworkaswellastherighttorestrain,orclaim damages in respect of any distortion, mutilation or other modification of the said work, or.i:.I1Yother action in relation to the said work which would be prejudicial to his hOlfour' or reputation.
f2) The right conferred upon an author of work by sub-section (I) l[other than the right to clam authorship of the work,] may be exercised by the legal representatives of the author.
63. Rights of owner against persons possessing or dealing with infringing copies.-All infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property ofthe owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof :
Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves
64. Restriction on remedies in the case of works of architecture.-(l) Where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injuction to restrain the construction of such building or structure or to order its demolition.
(2) Nothing in section 63 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work.
65. Jurisdiction of court and lim=tation.-(l) Every suit or other civil proceeding regarding infringement of copyright shall be instituted and tried in the court of the District Judge.
llns. by Ac: No. UV of 1974,s. s. 62(2). ibi4.
.sub-section (2) shall, subject to the provisions as to appeal, be final, and shall b$ tlXebuted in the manner provided in section 79.
CHAPTER XIV
OFFENCES AND PENALTIES
66. OJfences of infringeml.'Dt of copyright or oth:lr rigbts conferred by this Ordinance.-Any person who knowingly infringes or abets the infringement of
shall be punishable with fine which may extend to l[five thousand taka,] or with imprisonment which may extend to two years, or with both.
Explanation.-Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work, shall not be an offence under this section.
(0) makes or causes to be made a false entry in th Rregistet ot Copyrights,
or
.shall be punishable with fine which may extend to l[five thousand taka], or with iIllpr.iiollment which may extend to two years, or with both. .
lSpbs.b)'ActNo. LIVof1974,s. s,66,67,68, fOT"nvctllo\l$l\n4R$."
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69. Penalty for maklng false statements for the purpose of deceivin. or influel1£ing any authority or officer.-Any person who,
makes a false statement or representation knowing the same to be false, sba..l1 ~~. punishable with fine which may extend to l[five thousand taka,] or with impri.. sonment which may extend to two years or with both.
70. Flase attrlbutlon of authorship, etc.-Whosoever
shall be punishable with fine which may extend to five thousand 2[taka}, or with imprisonment which may extend to two years, or with both.
71. Offences by companies.-(l) Where any offence under this 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 ofsuchoffence andshallbeliabletobeproceededagainst and'punishedaccordingly:
.. Provid&.4 thfl~ nothing contained in this -rub-section shall render a~Yl'ers0!1 haWe to any pumsbment; ifhe proves that the offence was committed wltho~tbis ]cnowledge 9r that he exerQis,d all due diligence to prevent the commission ofsuch offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under' this Ordinance has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company such director, manager, Secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. .
'.,
lSubs. 1:)y Act N~. LIV of ~974, s. 69 for "five thousand rupees".
2Sijbs. by Ord. No. xxsr .1~7~. s. 70 for "rupees:'
Explanation:-For the purposes of this section
. 72. Cognizance of offences.-No court inferior to that of a Magistrate of the first class shall try any offence under this Ordinance.
,73. Power of the court to dispose of infringing copies or plates for purpose of making infringing copies.-The court before which any offence under this Ordinance is tried may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be destroyed or delivered to the owner of the copyright or otherwise dealt with as the court may think fit.
I 74. Powers of police to seize infringing copies.--(J) Where a Magistrate has taken cognizance of any offence under section 72 in respect of the infringement ofcopyrightinanywork,itshall belawfulforanypoliceofficer,notbelowtherank of sub-inspector, to seize, with warrant from t he Magistrate, all copies of the work which appear to him to be infringing copies of the work and all copies so seized shall, as soon as practicable, be produced before the Magistrate :
Provided that no such copy as is owned by any public library, or a library atta-. ched to an educational institution or a non-profit library available for use by the public free of charge or is in the possession of any person for his bona fide use shall be seized.
; (2) Any person having an interest in any copies of a work seized under subsection (1) may, within fifteen days of such seizure, make an application tolhe Magistrate for such copies being restored to him and the Magistrate, after hearing the applicant and the complainant and making such further inquiry' as may be necessary, shall make such order on the application as he may deem fit..
CHAPTER XV
APPEALS
Provided that the Registrar shall not sit as a member of the Board when the Board hears an appeal under this section.
77. Appeals against orders of the Board.--(l) Any person aggrieved by any W.wJ decision or order oftheBoard,.not.b~ini adecisionPfo0rder ma<1e iQ '"'
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appeal under section 76 may, within three months from the date of such decision or order, appeal to the high Court: 1********************************
Provided that no such appeal shall lie against a decision of the Board under sub-section (2) of section 4 and sub-section (2) of secion 6.
(2) In calculating the period of three months provided for an appeal under section 76 and sub-section (1), the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded.
CHAPTER·XVI
MISCELLANEOUS
78. Registrar and Board to possess certain powers of civil court.-The Registrar and the Board shall have the powers of civil court when trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect ofthe following, namely :
U) any other matter of procedure which may be prescribed.
Explanation.-For the purpose of enforcing the attendance of witnesses, the local limits ofthe jurisdiction of the Registrar or the Board, as the case may be, shall be the whole of Bangladesh.
10mitted by Ord. No. xxof 1978.
ISubs. by Ord, No. XX of 1978for "High Court Division"
2Subs. by Ord, No. XX of 1978,s, 81, for "Pakistan Penal Code".
82. Powers to make rules.-(J) That Government may, after previous publication, make rules for carrying out the purposes of this Ordinance.
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OPPD-S!4-1611/82-83/Law-3-1·84-S00tJ.