Copyright Law in Pakistan: Understanding Your Rights

Copyright: Definition and Purpose

Copyright means a single specimen of a particular book, record, or other publication or issue. Right means a moral or legal entitlement to have or do something.

Definition

According to Eric Miller, copyright refers to the laws that regulate the use of the work of a creator, such as an artist or author. This includes copying, distributing, altering, and displaying creative, literary, and other types of work. Unless otherwise stated in a contract, the author or creator of a work retains the copyright.

Purpose of Copyright

• Protect the creator of a work.
• Promote the progress of useful arts and science.
• Maintain law and order in society.
• Protect individual's rights.

Background of Copyright Law

Copyright was recognized only after the invention of the printing press. The first copyright law was England's "Statute of Anne" in 1709. In Pakistan, the first law on copyright was the Copyright Act of 1914, modeled after the U.K. Copyright Act of 1911.

The Copyright Ordinance, 1962 replaced the earlier Copyright Act of 1914. The Copyright Ordinance, 1962 was amended by the Copyright (Amendment) Act, 1992.

Kinds of Copyright

• Literary Works
• Sound Recordings
• Movies and Audiovisual Works
• Visual Arts
• Dramatic Works and Performances
• Architectural Works

Copyright Act in Pakistan

In Pakistan, registering a work with the Registrar of Copyrights is not a requirement for obtaining copyright protection. Rather, copyright protection vests with the original creator as soon as the work is created and recorded in a material form.

Copyright Ordinance 1962

According to the Copyright Ordinance 1962, copyright is a set of exclusive rights granted to the owner for a limited time to protect the particular form, way, or manner in which an idea or information is expressed. Copyright is the moral and economic right of authors/writers, publishers, performers, and producers. The Copyright Rules 1967 were framed for the proper working of the ordinance.

Features of Copyright Act with Respect to Pakistan

Membership

Pakistan is a member of both the Berne Copyright Union and the Universal Copyright Convention.

Types of Work

1. Literary works
2. Dramatic works
3. Musical works
4. Artistic works
5. Records

Duration of Copyright

The period of copyright is the life of the author plus 50 years. In the case of cinematographic works, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the work is published.

Registration of Copyrights

The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar for entering particulars of the work in the Register of Copyrights.

(2) On receipt of an application in respect of any work under subsection (1), the Registrar shall enter the particulars of the work in the Register of Copyrights and issue a certificate of such registration to the applicant unless, for reasons to be recorded in writing, he considers that such entry should not be made in respect of any work.

Provided that in the case of artistic works the Registrar shall not enter the particulars of the work in the Register of Copyrights and shall not issue a certificate of registration to the applicant unless within one month of the filing of the application, or within such extended time as the Registrar may determine, the applicant has advertised the work itself in a newspaper as may be prescribed, and sent two copies thereof to the Registrar and unless within one month thereafter, or within such extended time as the Registrar may determine, not exceeding two months, the Registrar has not received any objection to the registration of particulars of the work in the Register of Copyrights.