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Copyright

Copyright –
Copyright is a right given by the law to creators of education, dramatic, musical and
artistic works and makers of cinematograph films and sound chronicle and so on indeed,
it is a heap of rights including rights of multiplication, correspondence to people in gene
ral, variation and interpretation of the work. Notwithstanding, the re could be slight
varieties in the piece of the rights relying upon the work.

Copyright is a right given on Intellectual creations. It is an exclusive right given by law


to print, publish and sell copies of original work for a certain period. The object ive of
copyright is to safeguard the author or the creator from unauthorized reproduction of his
creation.

The domain of copyright is literary and artistic works, like writings, musicals and
works of fine arts, such as paintings and sculptures, as well as technology-based works
such as computer programs and electronic database.

There is no copyright in thoughts. Copyright subsists just in the material structure in


which the thoughts are communicated. There is an intense absence of mindfulness o n
different issues identifying with copyright and related rights among partners, authorization
organizations, proficient clients like the logical and scholarly networks and individuals from
people in general.
An author of a work has the following exclusive rights: Reproduction of a work;
Distribution of copies of the work; Public performance of the work; Broadcasting of the
work; Communicating the work to public by wire or wireless means; Commercial rental
of the work.
Like the International law, Bangladesh has also enacted the copyright act to protect the
national authors, designers, composer and others unique people‟s works. The main
target of copyright law is to energize creators, authors, composer and designers to make
unique works and to ensure their works with legitimately. It secures the author or
maker of the first work from the abuse of his materials.
In Bangladesh: No registration necessary except for evidence or establishing ownership. It is
not mandatory to register the copyright with the Copyright office; however, the registration
works as an absolute evidence to be used in a legal proceeding if that particular creation is
used by another party without the owners’ permission.
Copyright act 2000 as amended 2005 & Copyright Rules 2010 are the key guidelines in
regards to Copyright law in Bangladesh.
Bangladesh Copyright Office is a quasi-judicial organization.
The owner of copyright may transfer the copyright or grant any interest in the copyright
through providing license. The Licenses may also be granted by the Copyright Board of
Bangladesh.
The owner of copyright is entitled to certain civil remedies (injunction, damages, accounts)
when the copyright is infringed. The Jurisdiction lies with the court of District Judge of the
place where the person, bringing the lawsuit, resides or carries on business. Infringing copies
may be seized by the police and might be barred from import.
Usually, the Court of Sessions deals with the Copyright infringement if there is any criminal
charge to that effect.
The Copyright Act,
2000
Copyright
Copyright is one of the sub-division of intellectual
property law. It is a group of exclusive monopoly rights
given by the Copyright Law to the owner or creators or
authors of the following works: literary (including
computer programs); dramatic; musical; artistic works
and producers of cinematograph films and sound
recordings.
In the Act of 2000, copyright means any right, to do or
authorize the doing of any of the concerned acts in
respect of a work thereof.
Meaning of copyright
Copyright means inter alia the exclusive right
1. to reproduce the work
2. to issue copies of the work to the public
3. to perform or broadcast the work
4. to make any translation or adaption of the work (for
details see s. 14).
5. In addition, special moral rights lie with the author
(s. 78)
Objects of copyright
According to section 15 copyright subsists in
a) literary works
b) dramatic works
c) musical works
d) artistic works (i.e. painting, sculpture, drawing,
engraving or a photograph, a work of architecture
and any other work of artistic craftsmanship)
e) cinematographic films
f) sound recordings
g) and includes computer programmes
Owner of copyright
The first owner of copyright in general
is author (exceptions: works for hire, 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).
Term of copyright
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 (s. 24).
Copyright in a cinematographic film (s. 26), a sound
recording (s. 27), a photograph (s. 28), a computer
programme (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.
Registration Procedure of
Copyright:
The Act of 2000 and the Copyrights Rules of 2006 set
out the procedure for the registration of a copyright
work. In order to get copyright registration, the author
or publisher of, or the owner of, or other person
interested in the copyright in any work can make an
application to the Registrar for entering particulars of
the work in the Register of Copyrights. The other
steps for the registration are as follows:
Application is to be made on Form II in triplicate as
prescribed in the First Schedule of the 2000 Act.
・ Separate application is to be submitted for
registration of each work.
・ Each application is to be accompanied by the
prescribed fee mentioned in the Second Schedule of
the Rules.
・ The applications should be signed by the applicant
or the advocate in whose favour a Vakalatnama or
Power of Attorney has been executed.
To serve notice of concerned application to every
person who has any interest in the subject matter of
that application.
・ If the Registrar receives any objection, he may
after holding such inquiry as he deems fit, enter such
particulars of work in the Register of Copyrights, and
issue a certificate of such registration to the applicant.
If he refuses to enter, he has to record in writing the
reasons of refusal.
Thank You

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