 | This article needs to be updated. The reason given is: Copyright Act, 2023 has been passed.(September 2024) |
The basic legal instrument governing copyright law in Bangladesh is the Copyright Act, 2000. [1] It is largely based on Pakistan's Copyright Ordinance, 1962.
According to section 15 copyright subsists in
and includes computer programs (cf. s. 14 sub-s. 2) as well as addresses and speeches (cf. s. 17 cl. d).
Foreign works are covered by section 69 read with the International Copyright Order, 2005. [2]
The first owner of copyright in general is author (exceptions: works for hire, [3] Government works; s. 17).
The owner of copyright may assign the copyright (s. 18) or grant any interest in the copyright by license (s. 48). Licenses may also be granted by the Copyright Board (ss. 50–54).
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 (s. 60).
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 ( p.m.a. ; s. 24).
Copyright in a cinematographic film (s. 26), a sound recording (s. 27), a photograph (s. 28), a computer program (s. 28A) or a work of the Government, a local authority or an international organisation (ss. 30–32) subsists until 60 years from the beginning of the calendar year next following the publication of the work.
Copyright means inter alia the exclusive right
In addition, special moral rights lie with the author (s. 78) as well as a droit de suite (s. 23).
When copyright is infringed (s. 71), the owner of copyright (as well as the exclusive licensee) is entitled to certain civil remedies (injunction, damages, accounts; s. 76). Jurisdiction lies with the court of District Judge of the place where the person instituting the proceeding resides or carries on business (s. 81).
Infringing copies are deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof (s. 79). Infringing copies may be seized by the police (s. 93) and can be forbidden to be imported (s. 74).
Copyright infringement may also lead to criminal charges (ss. 82 to 91) to be tried by no court inferior to that of a Court of Sessions (s. 92).
Certain acts are said not to constitute an infringement of copyright (s. 72). These include inter alia
Related rights include the broadcast reproduction right of broadcasting organisations (s. 33; term 25 years), the performer's right (s. 35; term: 50 years) and the right of publishers relating to the typographical arrangement of their editions (s. 38; term: 25 years).
Copyright law in Hong Kong to a great extent follows the English model. The Basic Law of Hong Kong, its constitutional document, guarantees a high degree of autonomy and continuation of laws previously in force after its reunification with Mainland China. Hong Kong therefore continues to maintain a separate intellectual property regime from Mainland China.
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.
The Copyright Act is the federal statute governing copyright law in Canada. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage. The Copyright Act was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the Act, but each of the bills failed to pass due to political opposition. In 2011, with a majority in the House of Commons, the Conservative Party introduced Bill C-11, titled the Copyright Modernization Act. Bill C-11 was passed and received Royal Assent on June 29, 2012.
A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos.
Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.
The Copyright Act 1957 as amended governs the subject of copyright law in India. The Act is applicable from 21 January 1958. The history of copyright law in India can be traced back to its colonial era under the British Empire. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.
The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.
The basic legal instrument governing copyright law in Pakistan is the Copyright Ordinance, 1962 as amended by the Copyright (Amendment) Ordinance, 2000.
In Romania, copyright law is defined by the Law No. 8/1996 on authors rights and related rights, as republished in 2018, which currently implements European copyright law (directives). Copyright is acquired irrespective of formalities, and normally belongs to the natural person/s who created the protected work. A protected work is created if the work is the author's own intellectual creation. Like other EU civil law jurisdictions, Romanian copyright law recognises two types of rights: moral rights and patrimonial rights.
"Authors' rights" is a term frequently used in connection with laws about intellectual property.
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Copyright Act 1968, which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.
Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.
The Copyright Act 1911, also known as the Imperial Copyright Act 1911, was an act of the Parliament of the United Kingdom (UK) which received royal assent on 16 December 1911. The act established copyright law in the UK and the British Empire. The act amended existing UK copyright law, as recommended by a royal commission in 1878 and repealed all previous copyright legislation that had been in force in the UK. The act also implemented changes arising from the first revision of the Berne Convention for the Protection of Literary and Artistic Works in 1908.
The copyright law of South Africa governs copyright, the right to control the use and distribution of artistic and creative works, in the Republic of South Africa. It is embodied in the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry. As of March 2019 a major amendment to the law in the Copyright Amendment Bill has been approved by the South African Parliament and is awaiting signature by the President.
Fixation in Canadian copyright law is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists.
It is an infringement in Canadian copyright law for any person to do, without the consent of the owner of the copyright, anything that only the copyright owner has a right to do as covered in the Copyright Act.
Provisions related to Italian copyright law are found in Law no. 633 of 22 April 1941. Certain fundamental provisions are also found in the Italian Civil Code of 1942, Arts. 2575–2583.
The basic legal instrument governing copyright law in Sri Lanka is Part II of the Intellectual Property Act, No. 36 of 2003 replacing Part II of the Code of Intellectual Property Act, No. 52 of 1979.
The basic legal instrument governing copyright law in Georgia is the Law on Copyright and Neighboring Rights of June 22, 1999 replacing Art. 488–528 of the Georgian Civil Code of 1964. While the old law had followed the Soviet Fundamentals of 1961, the new law is largely influenced by the copyright law of the European Union.
The Copyright law of El Salvador is legal rights to creative and artistic works under the laws of El Salvador. It was implemented in the Decree No. 604 of the Legislative Assembly of El Salvador on 16 of August 1993. This law aims to protect the economic and moral rights of Salvadoran authors and foreigners residing in El Salvador, granted by the mere fact of creating works that are literary, artistic and scientific.
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