The basic legal instrument governing copyright law in Pakistan is the Copyright Ordinance, 1962 [1] as amended by the Copyright (Amendment) Ordinance, 2000. [2]
According to section 10 copyright subsists in
and includes compilations (s. 3 subs. 3).
Foreign works are covered by section 54 read with the International Copyright Order, 1968. [4]
The first owner of copyright in general is the author (exceptions: works for hire, Government works; s. 13).
The owner of copyright may assign the copyright (s. 14) or grant any interest in the copyright by license (s. 35). Licenses may also be granted by the Copyright Board to republish a work withheld from the public (s. 36).
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. 42).
Copyright in a literary, dramatic, musical or artistic work published within the lifetime of the author subsists until 50 years from the beginning of the calendar year next following the year in which the author dies ( p.m.a. ; s. 18).
Copyright in a cinematographic work, a record or a photograph subsists until 50 years from the beginning of the calendar year next following the publication of the work (s. 20).
If a work is not published within 50 years after the death of the author or, the author being unknown, within 50 years after its creation, it falls into the public domain (s. 23)
Copyright means inter alia the exclusive right
When an author assigns the rights in the intellectual property, he does not assign his moral rights (s. 62). [5]
When copyright is infringed (s. 56), the owner of copyright (as well as the exclusive licensee) is entitled to certain civil remedies (injunction, damages, accounts; s. 60), either before the Court of the District Judge or the Copyright Board (s. 65; cf. ss. 46, 78). If the owner of the copyright is unable to institute immediate regular legal proceedings the owner or any other person having an interest in the copyright in the work may apply for immediate provisional orders (s. 60A).
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. 63). Infringing copies may not be imported or exported (s. 65A) and may be seized by the police (s. 73).
Copyright infringement may also lead to criminal charges (ss. 66 to 71) to be tried by no court inferior to that of a Magistrate of the first class (s. 72). The Federal Investigation Agency can take cognizance of such cases where violation of some Government work is involved. [6]
Certain acts are said not to constitute an infringement of copyright (s. 57). These include inter alia
Related rights include the rights of performers and producers of phonograms (s. 24A; term: 50 years), of broadcasting organizations (s. 24; term: 25 years) and of publishers relating to the typographical arrangement of their editions (s. 28; term: 25 years).
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Copyright protection in Pakistan is a major economic, political and diplomatic issue.
In a country like Pakistan where laws are very difficult to implement, copyright infringement has always been a concern, and the country has been on the Special 301 Watch List since 1989.
Pakistan updated its copyright law with amendments in 1992. [7] However, no significant progress against pervasive copyright piracy was made until 1994, when raids against video piracy began. The International Intellectual Property Alliance recommended last year[ when? ] that Pakistan remain on the Watch List, and USTR agreed, while noting "greater efforts to combat copyright piracy".
Head | Loss |
---|---|
Motion Pictures: | $10 million |
Sound Recordings and Musical Compositions: | $5.0 million |
Computer Programs: | $50 Millions |
Business Software: | N/A |
Entertainment Software: | N/A |
Books: | $30.0 million |
TOTAL LOSSES | $45.0+ million |
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
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. Article 139 and 140 of the Basic Law specifically deal with the protection of copyright in Hong Kong.
Article 139
The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on science and technology and protect by law achievements in scientific and technological research, patents, discoveries and inventions.
The Government of the Hong Kong Special Administrative Region shall, on its own, decide on the scientific and technological standards and specifications applicable in Hong Kong.
Article 140
The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on culture and protect by law the achievements and the lawful rights and interests of authors in their literary and artistic creation.
See more on https://www.basiclaw.gov.hk/pda/en/basiclawtext/chapter_6.html
Software copyright is the application of copyright in law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software. This article primarily focuses on topics particular to software.
The Copyright Act of Canada 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.
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.
Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music's composer/lyricist and publisher. Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concerts nightclubs, restaurants etc. Public performance also includes broadcast and cable television, radio, and any other transmitted performance of a live song.
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.
Crown copyright is a type of copyright protection. It subsists in works of the governments of some Commonwealth realms and provides special copyright rules for the Crown, i.e. government departments and (generally) state entities. Each Commonwealth realm has its own Crown copyright regulations. There are therefore no common regulations that apply to all or a number of those countries. There are some considerations being made in Canada, UK, Australia and New Zealand regarding the "reuse of Crown-copyrighted material, through new licences".
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 law of New Zealand is covered by the Copyright Act 1994 and subsequent amendments. It is administered by Business Law Policy Unit of the Ministry of Business, Innovation and Employment (MBIE). In June 2017, a review of the existing legislation was announced.
The Copyright Act 1911, also known as the Imperial Copyright Act of 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.
Copyright law in Thailand governs the legally enforceable rights of creative and artistic works under the Copyright Act BE 2537 (1994). Copyright is automatically protected for 50 years after the death of a known author or 50 years after publication in the case of an unknown author. It does not need registration; however, it can be filed with the Department of Intellectual property (DIP). Disputes are first heard in the Intellectual Property and International Trade Court.
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.
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 Bangladesh is the Copyright Act, 2000. It is largely based on Pakistan's Copyright Ordinance, 1962.
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.