Introduction to

Copyright
Md Sadekul Islam
Assistant Professor
Department of Law,
FSSS, BUP
 What is Copyright?
 As per Oxford Dictionary,
◦ “An exclusive right given by law for a certain period of
years to an author, composer etc. or his assignee to
print, publish and sell copies of his original work.”
 According to Black’s Law Dictionary,
◦ “copy means transcript, imitation, reproduction of an
original writing, painting instrument or the like, therefore
copyright means right over that particular imitation,
transcript, reproduction of an original writing, painting
instrument and the like or every other similar activity.”
 Meaning of Copyright as per
Copyright Act, 2000 of BD
 copyright” means any right, subject to the provisions of this Act, to do or authorize
the doing of any of the following acts in respect of a work or substantial part
thereof, namely:-
(1) regarding a literary, dramatic or musical work, except a computer programmeme,-
(a) to reproduce the work in any material form including the storing of it in
any medium by electronic means;
(b) to issue copies of the work to the public except copies already in
circulation;
(c) to perform the work in public, or communicate it to the public;
(d) to produce, reproduce, perform or publish any translation of the work;
(e) to make any cinematograph film or sound recording in respect of the
work;
(f) to broadcast the work or to communicate the broadcast of the work to
the public by a loudspeaker or any other similar instrument;
(g ) to make any adaptation of the work;
(h) to do, regarding a translation or adaptation of the work, any of the acts
specified in relation to the work in sub-clauses (a) to(h) .
(2) regarding a computer programme,-
(a) to do any of the acts specified in clause (1);
(b) to sell or give on hire, or offer for sale or hire any copy of the
computer programme, regardless of whether such copy has been sold or
given on hire on earlier occasions.

(3) regarding an artistic work,-

(a) to reproduce the work in any material form including depiction in
three dimensions of a two dimensional work or in two dimensions of a three
dimensional work;
(b) to publicize the work to the public;
(c) to issue copies of the work to the public except copies already in
circulation;
(d) to include the work in any cinematograph film;
(e) to make any adaptation of the work;
(f) to do in relation to an adaptation of the work any of the acts
specified in relation to the work in sub-clauses (a) to (d);
(g) to broadcast the work or to communicate the broadcast of the
work to the public by a loudspeaker or any other similar instrument
(4) regarding a cinematograph film,-
(a) to make a copy of the work, including a photograph of any
image forming part thereof in vcp, vcr, dvd or any other form;
(b) to sell or give on hire, or offer for sale or hire, any copy of
the film in vcp, vcr, dvd or any other form, regardless of whether such
copy has been sold or given on hire on earlier occasions;
(c) to publicize and display among general public any auditory
or visual copy of the film in vcp, vcr, dvd or any other form;

(5) regarding a sound recording,-

(a) to make any other sound recording embodying it;
(b) to sell or give on hire, or offer for sale or hire, any copy of
the sound recording regardless of whether such copy has been sold
or given on hire on earlier occasions;
(c) to communicate the sound recording to the public.
– Copyright protects a wide variety of original
and/or creative expressions, such as novels,
poetry, music, paintings, photographs, sculptures,
architecture, films, computer programs, video
games, original databases, etc.
– The rights granted enables the copyright
owner, within a specified period of time:
• to control the use of his work in a number of
ways.
• to receive remuneration.
Requirements for Copyright Protection
– To qualify for copyright protection, a work must
be original.
– Originality relates to the expression of thought
and not to the underlying idea or thought.
– Essentially, originality refers to the fact that the
work was independently created and it was not
copied from somewhere else.
– Works enjoy copyright protection irrespective of
their creative elements, quality or value and do
not need to have any literary or artistic merit.
– Needs to be fixed in material form.
International Legal Framework

 Berne Convention 1886

 Universal Copyright Convention
 Rome Convention 1961
 WIPO Copyright Treaty 1996
 Berne Convention
for protection of literary and artistic works.
signed in 1886, revised at Berlin in 1908, at
Rome 1928, at Brussels in 1948, at Stockholm
in 1967, and finally at Paris in 1971.
Constitutes an Union of countries for the
protection of their literary and artistic works.
Work shall enjoy protection in all of the
signatory countries.
Extended protection for unpublished works.
Removed the requirement for registration for
protection.
Salient Features of Berne Convention
Requires member nations to offer the same
protection to authors from other countries
that it provides to its own nationals.
No requirement of formal registration or
publication of a copyright notice.
Enjoyment and exercise of the rights granted
is independent of the existence of protection
in the country of origin of the work.
Sets a common framework of protection.
Specifies minimum protection level.
 Salient Features of Berne Convention (cont.)
All works shall be protected for at least 50
years after author’s death subject to exceptions
like,
• for photography, min term 25 yrs from the year the photograph
was created.
• for cinematography, min term 50 yrs after first showing, or 50
years from the creation date if never shown.
 Art 9 provides that authors of literary and
artistic works protected by convention shall
enjoy the exclusive right of authorising the
reproduction of these works in any manner or
form.
Salient Features of Berne Convention (cont.)

Copyrights owner must be guaranteed six

rights for the entire life of the copyright:
• Translation, reproduction, public performance, adaptation,
paternity and integrity.

 Bangladesh has signed to the Convention.

BERNE CONVENTION MEMBERS
Books And Other Written Materials
MUSIC
Television, Movies & Games