A

Bill

further to amend the Copyright Ordinance,1962

WHEREAS it is expedient further to amend the Copyright Ordinance, 1962 (XXXIV

OF 1962), for the purposes hereinafter appearing;

It is hereby enacted as follows: -

1. Short title and commencement. - (1) This Act shall be called the Copyright Ordinance
(Amendments) Act, 2023.

2. Definitions: In the Copyright Ordinance, 1962 (XXXIV OF 1962), hereinafter referred

to as the Copyright Ordinance (Amendments) Act, 2023, in section 2, the following
definitions be amended, added, replaced, omitted or changed the alphabetic order: -
i. The alphabetic order of Section 2a “Adaptation means” changed to
2(ab) new definition of “accessible format” introduced as Section 2(a);

“2(a) Accessible format: means a copy of a work in an alternative manner

or form which gives a visually impaired or print disabled person access to
the work, including to permit the person to have access as feasibly and
comfortably as a person without visual impairment or other print disability.
The accessible format copy is used exclusively by visually impaired or print
disabled person and it must respect the integrity of the original work, taking
due consideration of the changes needed to make the work accessible in the
alternative format and of the accessibility needs of the visually impaired or
print disabled person;”
ii. 2(aa) “Act” means the Intellectual Property Organization of Pakistan Act 2012 (Act
No. -XXII of 2012);
iii. The alphabetic order of Section 2a “Adaptation means” changed to 2(ab) and
clauses (v), added as follows;
"(ab) "adaptation" means,-

(v); “in relation to any work, any use of such work involving its re-
arrangement or alteration”

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 iv. In Section 2(ca) the words “DVD, CD or any other medium used for such
purposes” added after the word “tape” and before the words “in which the work is
embodied”;
v. In Section 2(d);
a. In Sub-section v, the words “or sound recording” added after words “a
cinematograph work”, the words “or producer” added after the words “the
owner” and before the words “at the time of its completion” and deleted the
word “and”;
b. Sub-section vi replaced with a new sub section “in relation to any literary,
dramatic, musical or artistic work which is computer or any other machine
generated, the person(s) who causes the work to be created; and.
c. A new sub-section vii introduced as “in relation to theatrical performance, the
producer.
vi. A new Section 2(da) added as “authorized entity” means an entity that is
authorized or recognized by the government to provide education, instructional
training, adaptive reading or information access to persons who are visually
impaired or print disabled on a non-profit basis. It also includes a government
institution or non-profit organization that provides the same services to these
persons as one of its primary activities or institutional obligations.

vii. In Section 2(e) a word “Copyright” added before word “Board”.

viii. A new sub Section 2(ea) is added as “E-Copyright Journal” means journal published
on IPO-Pakistan’s official website under the authority of Registrar of Copyrights.

ix. In Section 2(f) the words “in hard copy or electronic form” are being added after
the word “book includes,”
x. A new Section 2(fa) is added as “Broadcast” means communication to the public:
i. of an electronic transmission of visual images, sounds or other information
which—
(a) is transmitted for simultaneous reception by members of the public and
is capable of being lawfully received by them, or
(b) is transmitted at a time determined solely by the person making the
transmission for presentation to members of the public, by any means of
wired or wireless diffusion.
ii. By means of wired connection or by rebroadcasting of the broadcast of the
work; or
iii. By means of an analogous or electronic instrument such as cable
transmission, retransmission, satellite transmission etc.
xi. A new Section 2 (hc) added as “Communication to the public” means making any
work or performance available for being seen or heard or otherwise enjoyed by the
public directly or by any means of display or diffusion other than by issuing physical
copies of it, whether simultaneously or at places and times chosen individually,
regardless of whether any member of the public actually sees, hears or otherwise
enjoys the work or performance so made available.

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 xii. A new Section 2 (hd) added as “Computer Programmme” means a set of
instructions expressed in words, codes, schemes, or any other form, including a
machine readable medium, capable of causing a computer to perform a particular
task or achieve a particular result.
xiii. In Section 2(n), sub-sections (i), (ii), (iii) and (iv) are replaced and two new sub-
sections (v) and (vi) are introduced as follows;
i. in relation to a literary, dramatic, musical or artistic work, an unauthorized
reproduction thereof in any medium;
ii. in relation to cinematographic work, an unauthorized copy or part of the
work made on any medium by any means whether currently in existence or
which may come into existence subsequent to promulgation of this
ordinance.
iii. in relation to a sound recording, any other recording embodying the same
recording, made by any means; and
iv. in relation to a programme or performance in which such a broadcast
reproduction right or a performer’s right subsists under the provision of this
Ordinance, the recording or cinematographic work of such program or
performance, if such reproduction, copy or recording is made or imported
in contravention of any of the provisions of this Ordinance.
v. in relation to computer programmes any unauthorized copying of such work
within the meaning of Section 2(p); and
vi. to make or possess a plate or any other medium that has been specifically
designed or adapted for the purpose of making infringing copies of a work
or other subject-matter.
xiv. A new Section 2(na) added as "IP Tribunal" means the Tribunal established under
Section 16 of the Act;
xv. A new Section 2(nb) added as “Law Enforcement Agencies” means Police,
Federal Investigation Agency (FIA), Pakistan Customs, Pakistan Electronic Media
Regulatory Authority (PEMRA) or any other agency/authority
designated/authorized by the Government for enforcement of copyrights.
xvi. Section 2(p) amended by deleting the phrase from “that is to say, programmes
recorded on any disc, tape, perforated media or other information storage device
which, if fed into or located in a computer or computer based equipment is capable
of reproducing any information;” in the definition of “literary work”.
xvii. Section 2(r) replaced as "musical work" means a work consisting of music and
includes any graphical notation of such work but does not include any words or any
action intended to be sung, spoken or performed with the music.”
xviii. Amendment in Section 2(s): from the definition the word “printed” is omitted.
xix. A new Section 2(sa) added as “Organization” means the Intellectual Property
Organization of Pakistan established under Section 3 of the Act;
xx. Amendment in Section 2(t) ““Pakistani work” means a literary, dramatic, musical,
artistic, cinematographic or an audiovisual work,—
(i) the author of which is a citizen of Pakistan; or
(ii) which is first published in Pakistan; or

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 (iii) the author of which, in the case of an unpublished work, is, at the time of
the making of the work, a citizen of Pakistan;
xxi. A new Section 2(ua) shall be inserted, namely: "(ua) "performer" includes an actor,
singer, musician, dancer, acrobat, juggler, conjurer, and other persons who act, sing,
deliver, declaim, play in, or otherwise perform literary or artistic works.
xxii. Section 2(v) is replaced as "Copyrights society" means a society, association or
collective management organization (CMO) incorporated for administering the
rights of authors, creators, publishers, producers, performers or any other right
owner in Pakistan in relation to any work in which copyright subsists, as constituted
under Section 31 of this Ordinance.
xxiii. A new Section 2(ya) added as Definition of “Producer” in relation to a
cinematograph film or sound recording, means a person who takes the initiative and
responsibility for making the work, and finances the making of the work”.
xxiv. A new Section 2(yb) added as “Protection of Technological Measures” means any
technology, device or component that, in the normal course of operation, is designed
to prevent or restrict acts, in respect of works or objects of related rights that are not
authorized by the right holder; to circumvent technological protection measures
means to avoid, bypass, remove, deactivate, or impair these measures, including
descrambling a scrambled work or object of related right or decrypting an encrypted
work, performance, sound recording or broadcast;
xxv. In Section 2(x), a word “or” inserted in between words “transfer” and “negative”
and words “used or intended to be used for making or reproducing sound recordings,
performer’s performances or communication signals” added after the words “or other
appliance” whereas the words “by which records for the acoustic presentation of the
work are or are intended to be made;” deleted.
xxvi. A new Section 2(xa) added as “Policy Board” means the IPO Policy Board
constituted under section 4 of the IPO-Pakistan Act, 2012;
xxvii. Section 2(zb) replaced as “record” means a recording of sound, from which the
sounds may be reproduced: or a recording of the whole or any part of a literary,
dramatic or musical work, from which sounds reproducing the work or part may be
reproduced, regardless of the medium on which the recording is made or the method
by which the sounds are reproduced or produced;
xxviii. Section 2(zd) amended by adding the phrase “in any manner or form” before the
phrase “shall be construed accordingly”
xxix. A new Section 2(zea) added as “rights management information” means
information which identifies the work, the author of the work, the owner of any right
in the work, or information about the terms and conditions of use of the work, and
any numbers or codes that represent such information, when any of these items of
information is attached to a copy of a work or appears in connection with the
communication of a work to the public.
xxx. A new Section 2 (zeb) added as “royalty”, “royalty” means a share of the returns
from the use of a work, which is paid to the author, publisher or other owner of
rights as consideration for the exploitation or usage of the work;

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xxxi. A new Section 2(zec) shall be inserted namely; "(zea) "sound recording" means a
recording of sounds from which such sounds may be produced regardless of the
medium on which such recording is made or the method by which the sounds are
produced; "
xxxii. A new Section 2(zed) added as “visually impaired or print disabled” is a person
who is blind; has a visual impairment or a perceptual or reading disability which
cannot be improved to give visual function substantially equivalent to that of a
person who has no such impairment or disability and so is unable to read printed
works to substantially the same degree as a person without an impairment or
disability; or is otherwise unable, through physical disability, to hold or manipulate
a book or to focus or move the eyes to the extent that would be normally acceptable
for reading; regardless of any other disabilities

3. Amendment of Section 3 “Meaning of Copyright”, Ordinance No. XXXVI of 1962:

- In sub-section 1(a) of Section 3, clauses (ii)) and (vi) are replaced as follows;

(ii) to publish, reproduce or distribute the work;

(vi) to broadcast the work, or to communicate the broadcast of the work to the
public by any means;

4. Amendment of Section 4, Ordinance XXXVI of 1962: - In sub-section 2 of Section

4 of the said Ordinance, a word “Copyright” added before the word “Board”.

5. Amendment of Section 6, Ordinance XXXVI of 1962: - In sub-section 2 of Section

6 of the said Ordinance, a word “Copyright” shall be added before the word “Board”
and the word “final” be replaced with “appealable in High Court”.

6. Amendment of Section 10, Ordinance XXXVI of 1962: - In sub-section 1(b) of the

said Ordinance, words “or audiovisual” shall be added after the word
“cinematographic”.

7. Amendment of Section 12, Ordinance XXXVI of 1962: - In sub-section 2 of Section

12 of the said Ordinance, the words “Patents and Designs Act, 1911 (II of 1911)” shall
be replaced with “Registered Design Ordinance, 2000 (as amended from time to time)”.

8. Addition of a new sub-Section 12(3) in Ordinance XXXVI of 1962. A new sub-

Section 12(3) shall be inserted as “12(3) Copyright work capable to be associated with
goods or services, shall not be enforced as trade mark until and unless registered under
the Trade Mark Ordinance 2001”.

9. Amendment of Section 13, Ordinance XXXVI of 1962: - In sub-Section 13(b) of

Section 13 of the Ordinance, the words “or sound recording made or theatrical live
performance carried out,” shall be added after the words “cinematographic work made”
and before “for valuable consideration”

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10. Amendment of Section 14, Ordinance XXXVI of 1962: - In Section 14 of the
Ordinance, the following are amended;
(a) The word “Copyright” where applicable shall be added before the word
“Board”

(b) Proviso 2 of sub-section 14(1) be omitted

(c) in sub-section 2A, the words “binding on both the parties” shall be replaced
with words “appealable in High Court”.

11. Addition of new Sub-Sections in Section 15 of the Ordinance XXXVI of 1962:- In

the Ordinance, the text after the marginal note shall be numbered as sub-section (1) and
the following new sub-sections in Section 15 shall be added, namely: -
“(2) The assignment of copyrights in any work shall identify the nature of work,
the right assigned and the duration and territorial extent of such assignment.

(3) The assignment of copyright in any work shall also specify the amount of
royalty and any other consideration payable to the author or his legal heirs during
the prevalence of the assignment.

(4) The assignment shall be subject to revision, extension or termination on the

terms and conditions mutually agreed upon by the parties.

(5) The assignment of copyright does not give the assignee any right to reassign
copyright unless the reassignment is usual or obviously presumed.

(6) Where the assignee does not exercise the rights assigned to him under sub-
section (2) of this section, within a period of one year from the date of assignment,
the assignment of in respect of such rights shall be deemed to have lapsed after the
expiry of said period unless and otherwise specified in the agreement of
assignment between the parties. (not covered may be included.

(7) In case of absence of provision regarding the duration of assignment, it shall

be deemed to be five years from the date of assignment.

(8) The territorial extent of the assignment shall be presumed to be within Pakistan
if it is not provided in the assignment.

(9) No assignment of copyright in any work to make a cinematograph film shall

affect the right of the author of the work to claim an equal share of royalties and
consideration payable in case of utilisation of the work in any form other than for
the communication to the public of the work, along with the cinematograph film
in a cinema hall.

(10) No assignment of the copyright in any work to make a sound recording which
does not form part of any cinematograph film shall affect the right of the author of

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 the work to claim an equal share of royalties and consideration payable for any
utilisation of such work in any form”.

12. Addition of a new Section 15A in the Ordinance XXXVI of 1962:- In the Ordinance,
a new Section 15A shall be inserted, namely:-
"15A. Dispute with respect to assignment of copyrights. - (1) If an assignee fails to
make sufficient exercise of the rights assigned to him, and such failure is not
attributable to any act or omission of the assignor, then, the Copyright Board may,
on receipt of a complaint from the assignor and after holding such inquiry as it may
deem necessary, revoke such assignment.

(2) If any dispute arises with respect to the assignment of any Copyright, the
Copyright Board may, on receipt of a complaint from the aggrieved party and after
holding such inquiry as it considers necessary, pass such order as it may deem fit
including an order for the recovery of any royalty payable:

Provided that the Copyright Board shall not pass any order under this sub-section
to revoke the assignment unless it is satisfied that the terms of assignment are harsh
to the assignor in case the assignor is also the author:

Provided Further that before the disposal of an application for revocation of

assignment under this sub-section, the Copyright Board may pass such order as it
deems fit regarding implementation of the terms and conditions of assignment
including any consideration to be paid for the fulfilment of the rights assigned.

(3) Every complaint received under sub-section (2) shall be dealt with by the
Copyright Board as far as possible and efforts shall be made to pass the final order
in the matter within a period of six months from the date of receipt of the complaint
and any delay in compliance of the same, the Copyright Board shall record the
reasons thereof."

13. Amendment of Section 21, Ordinance XXXVI of 1962: - In sub-section 3 of Section

21 of the said Ordinance, a word “Copyright” shall be added before the word “Board”.

14. Amendment in Section 24A, Ordinance XXXVI of 1962: - In the Ordinance, sub-
section 24A(1) shall be replaced and a new sub-section 24A(2) along with a proviso
shall be added, namely:-
“24A(1) The performers shall have the exclusive right, subject to the provisions of
this Act, to authorize or prevent any of the following acts in respect of the
performance or any substantial part thereof, namely: -

(a) to make a sound recording or a visual recording of the performance, including

(i) reproduction of it in any material form including the storing of it in any
medium by electronic or any other means;
(ii) issuance of copies to the public not being copies already in circulation;
(iii) selling or giving it on commercial rental or offer for sale or for
commercial rental any copy of the recording;
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 (b) to broadcast or communicate the performance to the public except where the
performance is already broadcast.

(2) Once a performer has, by written agreement, consented to the incorporation of

his performance in a cinematograph film he shall not, in the absence of any contract
to the contrary, object to the enjoyment by the producer of the film of the performer's
right in the same film:

Provided that, notwithstanding anything contained in this sub-section, the performer

shall be entitled for royalties in case of making of the performances for commercial
use.

15. New Addition Section 30-A “Exceptions for persons who are visually impaired or print
disabled”:
(1) Authorized entities shall be permitted, without the authorization of the
rightholder, to make an accessible format copy of a work, obtain from another
authorized entity an accessible format copy, and supply those copies to persons who
are visually impaired or print disabled by any means, including by non-commercial
lending or by electronic communication by wire or wireless means, and undertake
any intermediate steps to achieve those objectives, when all of the following
conditions are met:
(i) the authorized entity wishing to undertake said activity has lawful access to
that work or a copy of that work;
(ii) the work is converted to an accessible format copy, which may include any
means needed to navigate information in the accessible format, but does not
introduce changes other than those needed to make the work accessible to the
person who is visually impaired or print disabled;
(iii) such accessible format copies are supplied exclusively to be used by persons
who are visually impaired or print disabled; and
(iv) the activity is undertaken on a non-profit basis.
(2) A person who is visually impaired or print disabled, who may be assisted
by someone acting on her or his behalf including a primary caretaker or caregiver,
shall be permitted to make an accessible format copy of a work for her or his personal
use or otherwise assist himself or herself to make and use accessible format copies
where he or she has lawful access to that work or a copy of that work.
(3) Authorized entities shall be permitted, without the authorization of the
rightholder, to distribute or make available accessible format copies, to:
(i) an authorized entity for the exclusive use of persons who are visually impaired
or print disabled, or
(ii) directly to a person who is visually impaired or print disabled in another
Contracting Party to the Marrakesh Treaty to Facilitate Access to Published

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 Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print
Disabled.
(4) An authorized entity shall establish and follow the practices mentioned below:
(i) to establish that the persons it serves are persons who are visually impaired
or print disabled;
(ii) to limit to these persons and/or authorized entities its distribution and
making available of accessible format copies;
(iii) to discourage the reproduction, distribution and making available of
unauthorized copies; and
(iv) to maintain due care in, and records of, its handling of copies of works,
while respecting the privacy of persons who are visually impaired or print
disabled on an equal basis with others;
16. Amendment in Section 33, Ordinance XXXVI of 1962: - In the Ordinance, in Section
33, a word “Copyright” shall be added before the word “Board” wherever applicable.

17. Addition of a new Section 33A, 33B and 33C in the Ordinance XXXVI of 1962:-
In the Ordinance, new Sections 33A, 33B and 33C shall be added, namely: -
“33A. (1) Every PRS/CMO shall administer the rights of the owners in such manner
as stated under—
(a) obtain the approval of such owners of rights for its procedures of collection and
distribution of fees;
(b) obtain their approval for the utilization of any amounts collected as fees for any
purpose other than distribution to the owner of rights; and
(c) provide to such owners regular, full and detailed information concerning all its
activities, in relation to the administration of their rights within 15 working days.

(2) All fees distributed among the owners of rights shall, as far as may be, be distributed
in proportion to the actual use of their works.

33B. (1) Every copyright society shall submit to the Registrar of Copyrights, their
statements of royalty collections and disbursements annually as specified, who shall
submit the report after scrutiny to the Director General.
(2) Any officer duly authorized by the Organization in this respect may call for any
report and also call for any records of any copyright society for the purpose of satisfying
himself that the fees collected by the society in respect of rights administered by it are
being utilized or distributed in accordance with the tariff structure as approved by the
Organization.

33C.(1) The Organization shall authorize establishment of each Copyright Society in

each copyright sector and shall have representation in their governing body.

(2) Organization may nominate any other relevant public sector entity as member of the
governing body of the copyright society where deemed necessary.

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18. Addition of a new Section 35Ain the Ordinance XXXVI of 1962:- In the Ordinance,
a new Sections 35A shall be added, namely: -
“35A. Application of section 15.- The provision of section 15 shall, with necessary
amendments and requisites, apply in relation to a license under section 35 as they apply
in relation to the assignment of copyright in a work. "

19. Amendment in Section 36, Ordinance XXXVI of 1962: - In the Ordinance, in Section
36;
(a) a word “Copyright” where applicable shall be added before the word “Board”
(b) in sub-section 3 the words “subject to the payment of reasonable
compensation as decided by the Copyright Board or Federal Government” shall
be added after the words “non-profit basis.

20. Addition of a new Section 36A in the Ordinance XXXVI of 1962:- In the Ordinance,
a new Sections 36A shall be added, namely: -
"36A. Licence for cover versions. - (1) Any person desirous of making a cover
version, being a sound recording in respect of any literary, dramatic or musical
work, where sound recordings of that work have been made by or with the licence
or consent of the owner of the right in the work, may do so subject to the provisions
of this section:

Provided that such sound recordings shall be in the same medium as the last
recording, unless the medium of the last recording is no longer in current
commercial use.

(2) The person making the sound recordings intention shall give prior notice of his
intention to make the sound recordings in the manner as may be prescribed, and
provide in advance copies of all covers or labels with which the sound recording,
are to be sold, and pay in advance, to the owner of rights in each work royalties in
respect of all copies to be made by him, at the rate fixed by the copyright Board in
this behalf:

Provided that such sound recordings shall, not be sold or issued in any form of
packaging or with any cover or label which is likely to mislead or confuse the
public as to their identity, and in particular shall not contain the name or depict in
any way any performer of an earlier sound recording of the same work or any
cinematograph film in which such sound recording was incorporated and, further
shall state on the cover that it is a cover version made under this section.

(3) The person making such sound recordings shall not make any alteration in the
literary or musical work which has not been made previously by or with the
consent of the owner of rights, or which is not technically necessary for the
purpose of making the sound recordings:

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 Provided that such sound recordings shall not be made until the expiration of five
calendar years after the end of the year in which the first sound recordings of the
work was made.

(4) One royalty in respect of such sound recordings shall be paid for a minimum
of fifty thousand copies of each work during each calendar year in which copies
of it are made:

Provided that the copyright Board may, by general order, fix a lower minimum in
respect of works in a particular language or dialect having regard to the potential
circulation of such works.

(5) The person making such sound recordings shall maintain such registers and
books of account in respect thereof, including full details of existing stock as may
be prescribed and shall allow the owner of rights or his duly authorised agent or
representative to inspect all records and books of account relating to such sound
recording:

Provided that if on a complaint brought before the copyright Board to the effect
that the owner of rights has not been paid in full for any sound recordings
purporting to be made in pursuance of this section, the copyright Board is, prima
facie, satisfied that the complaint is genuine, it may pass an order ex parte directing
the person making the sound recording to cease from making further copies and,
after holding such inquiry as it considers necessary, make such further order as it
may deem fit, including an order for payment of royalty.

Explanation.- For the purposes of this section “cover version” means a sound
recording made in accordance with this section”.

21. Addition of a new Section 36B in the Ordinance XXXVI of 1962:- In the Ordinance,
a new Sections 36B shall be added, namely: -
“36B. License for broadcasting of literary and musical works and sound
recording. - (1) Any broadcasting organisation desirous of communicating to the
public by way of a broadcast or by way of performance of a literary or musical
work and sound recording which has already been published may do so subject
to the provisions of this section.

(2) The broadcasting organisation shall give prior notice, in such manner as may
be prescribed, of its intention to broadcast the work stating the duration and
territorial coverage of the broadcast, and shall pay to the owner of rights in each
work royalties in the manner and at the rate fixed by the Copyright Board,

(3) The rates of royalties for radio broadcasting shall be different from television
broadcasting and the copyright Board shall fix separate rates for radio
broadcasting and television broadcasting.

(4) In fixing the manner and the rate of royalty under

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 sub-section (2), the Copyright Board may require the broadcasting organisation
to pay an advance to the owners of rights.

(5) The names of the authors and the principal performers of the work shall,
except in case of the broadcasting organisation communicating such work by way
of performance. be announced with the broadcast.

(6) No fresh alteration to any literary or musical work, which is not technically
necessary for the purpose of broadcasting, other than shortening the work for
convenience of broadcast, shall be made without the consent of the owners of
rights”.

22. Amendment in Section 37, Ordinance XXXVI of 1962: - In the Ordinance, in Section
37, a word “Copyright” where applicable, shall be added before the word “Board”.

23. Addition of a new Section 37A in the Ordinance XXXVI of 1962:- In the Ordinance,
a new Sections 37A along with a proviso in sub-section 6 shall be added, namely: -
“37A. Compulsory License for benefit of visually impaired and print disabled
– (1) Any person working for the benefit of visually impaired and print disabled
on a non-profit basis or for business may apply to the Copyright Board, in such
form and manner and accompanied by such fee as may be prescribed, for a
compulsory license to publish or import or export any work in which copyright
subsists for the benefit of such persons, in a case to which clause (y) of sub-section
(2) of section 57 does not apply and the Copyright Board shall dispose of such
application as expeditiously as possible and endeavor shall be made to dispose of
such application within a period of two months from the date of receipt of the
application.

(2) For a compulsory license in respect of work administered by a copyrights

Society, the fee is to be specified in consultation with the executive committee of
the society on case to case basis.

(3) The Copyright Board may, on receipt of an application under sub-section (1),
inquire, or direct such inquiry as it considers necessary to establish the credentials
of the applicant and satisfy itself that the application has been made in good faith.

(4) If the Copyright Board is satisfied, after giving to the owners of rights in the
work a reasonable opportunity of being heard and after holding such inquiry as it
may deem necessary, that a compulsory license needs to be issued to make the
work available to the disabled, it may direct the Registrar of Copyrights to grant
to the applicant such a license to publish the work.

(5) Every compulsory license issued under this section shall specify the means and
format of publication, the period during which the compulsory license may be
exercised and, in the case of issue of copies, the number of copies that may be
issued including the rate or royalty:

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 Provided that where the Copyright Board has issued such a compulsory license it
may, on a further application and after giving reasonable opportunity to the owners
of rights, extend the period of such compulsory license and allow the issue of more
copies as it may deem fit”.

24. Amendment in Proviso of sub-Section 2 of Section 39 in Ordinance XXXVI of

1962: - In the Ordinance, the proviso in sub-Section 2 of Section 39 is replaced as
follows;
“Provided that in the case of artistic works, within fifteen (15) working days of the
filing of the application, the Registrar shall publish the artistic work on IPO-
Pakistan’s website in E-Copyright Journal. Any interested party can file opposition
against the Artistic Work in the Copyright Office within thirty (30) days after
publication or within such extended time as the Registrar may determine but not
exceeding fifteen (15) days. 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 in case an opposition is filed. The opposition shall be decided
within three (3) months, after giving opportunity of hearing to the parties”.

25. Addition of a new sub-Section 3 in Section 39 in the Ordinance XXXVI of 1962:-

In the Ordinance, a new sub-Section 3 in Sections 39 shall be added; namely:-
“Section 39(3): No certificate shall be granted for a work the registration of
which would be contrary to the public order or morality or would likely to hurt
the religious or ethnic susceptibilities of any class of citizens of Pakistan”.

“Provided that where a copyright application is rejected on grounds mentioned

in sub-section 39(3), the Registrar of Copyrights shall provide the applicant of
such copyright reasonable opportunity to present a defense of their work and that
any rejection envisaged under sub-section 39(3) shall be recorded in writing.”
26. Amendment in sub-Section 2 of Section 41 in Ordinance XXXVI of 1962: - In the
Ordinance, in sub-Section 2 of Section 41, a word “Copyright” shall be added before
the word “Board”.
27. Amendment of section 43, Ordinance XXXIV OF 1962.- In the said Ordinance, in
section 43, in subsection (2), for the words “Federal Government”, the words “Director
General” shall be substituted.
28. Amendment of section 43A, Ordinance XXXIV OF 1962.- In the said Ordinance, in
section 43A, in subsection (1), for the words “Federal Government”, the words “IPO
Policy Board” shall be substituted.
29. Amendment of section 44, Ordinance XXXIV OF 1962.- In the said Ordinance, in
section 44: -
(a) in sub-section (1) for the words “Federal Government’, the words “the
Organisation” shall be substituted; and

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 (b) in sub-section (4) for the words “Federal Government”, the words
“Director General” shall be substituted.

30. Amendment of section 45, Ordinance XXXIV OF 1962.- In the said Ordinance, in
section 45: -
(a) in Section 45, the word “Copyright” wherever applicable, shall be added before
word “Board”; and

(b) in sub-section (1), wherever occurring the words “Federal Government”, shall be
substituted with words “IPO Policy Board”.
(c) in sub-section (1), in paragraph (ii), for the word "five" the word “nine” shall be
substituted; and
(d) in the proviso, for the semi-colon and word “; and” in the end a colon ":" shall be
substituted, and thereafter the following new proviso shall be inserted namely: -
"Provided further that representation on the Board shall be given to four members
each from the fields of acting, singing, drama or film writing and production; and,
31. Amendment in Section 46 in Ordinance XXXVI of 1962: - In the Ordinance, in
Section 46, a word “Copyright” wherever applicable, shall be added before the word
“Board”.
32. Amendment in Section 50 in Ordinance XXXVI of 1962: - In the Ordinance, in
Section 50, the words “five hundred” shall be replaced with “five thousand”.
33.
34. Addition of a new Section 56A in the Ordinance XXXVI of 1962:- In the Ordinance,
a new Section 56A shall be added; namely:-
“56A: Protection of Technological Measures. –
(1) It is prohibited to:

(a) circumvent effective technological protection measures; or

(b) produce, import, distribute, sell, rent, advertise for sale or rental, or possess
devices, products, components or services for commercial purposes that:

(i) are promoted, advertised or marketed for the purpose of circumventing

effective technological protection measures;
(ii) have only a limited commercially significant purpose or use other than
to circumvent effective technological protection measures; or
(iii) are primarily designed, produced, adapted or performed for the purpose
of enabling or facilitating the circumvention of effective technological protection
measures.
(2) Any person or service provider who circumvents an effective technological measure
applied for the purpose of protecting any of the rights conferred by this Act, with the
intention of infringing such rights, shall be punishable with imprisonment and fine or
both as described in Chapter XIII and XIV of this Act.

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 (3) Nothing in sub-section (1) shall prevent any person from:

(a) doing anything referred to therein for a purpose not expressly prohibited by
this Act:

Provided that any person or service provider facilitating circumvention by

another person of a technological measure for such a purpose shall maintain a
complete record of such other person including his name, address and all
relevant particulars necessary to identify him and the purpose for which he has
been facilitated; or

(b) doing anything necessary to conduct encryption research using a lawfully

obtained encrypted copy; or

(c) conducting any lawful investigation; or

(d) doing anything necessary for the purpose of testing the security of a
computer system or a computer network with the authorization of its owner or
operator; or

(e) doing anything necessary to circumvent technological measures intended

for identification or surveillance of a user; or

(f) taking measures necessary in the interest of national security.

(4) Notwithstanding sub-provisions above, upon the request by the beneficiary of an

exception or limitation provided within the Ordinance, the copyright board or court or any
other competent authority may order that the necessary means be made available to the
beneficiary in order that he or she may enjoy or apply the exception or limitation, to the
extent required to benefit from it.

35. Addition of a new Section 56B in the Ordinance XXXVI of 1962:- In the Ordinance,
a new Section 56B shall be added; namely:-
“56B: Protection of Rights Management Information. –

Any person or service provider, who knowingly

(i) removes or alters any rights management information without authority, or

(ii) distributes, imports for distribution, broadcasts or communicates to the

public, without authority, copies of any work, or performance knowing that
electronic rights management information has been removed or altered without
authority, shall be punishable with imprisonment and fine as described in
Chapter XIII and XIV;

Provided that if the rights management information has been tampered with in any
work, the owner of copyright in such work may also avail of civil remedies provided
under Chapter XIII of this Act against the persons indulging in such acts described
above.
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36. Amendment in Section 57 in Ordinance XXXVI of 1962: - In the Ordinance, in sub-
Section (j) clause (ii) and sub-Section (q) clause (i) of Section 57, a word “Copyright”
shall be added before the word “Board”.

37. Addition of a new sub-Section 57(y) in the Ordinance XXXVI of 1962:- In the
Ordinance, a new sub-Section (y) in Section 57 shall be added; namely:-
“Section 57(y): the adaptation, reproduction, issue of copies or communication to
the public of any work in any accessible format, by—
(i) any person to facilitate visually impaired or print disabled person to access
to works including sharing with any visually impaired or print disabled
person of such accessible format for private or personal use, educational
purpose or research; or
(ii) any authorized entity working for the benefit of the visually impaired and
print disabled persons in case the normal format prevents the enjoyment of
such works by such persons:
Provided that the copies of the works in such accessible format are made available
to the visually impaired and print disabled persons on a non-profit basis but to
recover only the cost of production:
Provided further that the authorized entity shall ensure that the copies of works in
such accessible format are used only by visually impaired and print disabled
persons and takes reasonable steps to prevent its entry into ordinary channels of
business.
Explanation – For the purposes of this sub-clause, "any authorized entity"
includes an authorized entity registered with competent regulatory authority and
working for the benefit of visually impaired and print disabled persons or
recognized as disabled under other state laws. Or receiving grants from the
government for facilitating access to visually impaired and print disabled persons
or an educational institution or library or archives recognized by the Government”.

38. Amendment in Section 59 in Ordinance XXXVI of 1962: - In the Ordinance, in

Section 59, a word “Copyright” shall be added before the word “Board”.
39. Amendment in Sections 60, 60A and 61 of the said Ordinance: - In Sections 60,60A,
and 61, the term “Court” shall be substituted with “IP Tribunal”.

40. Amendment of section 65, Ordinance XXXIV OF 1962.- In the said Ordinance, in
section 65: -
(a) in sub-Section 1, the words “Court of District judge” shall be substituted with
words “IP Tribunal” and words “twelve months” with “ninety days”.;

(b) in Section 65, sub-sections 2, 3, 4 and 5 omitted.

41. Amendment in Sections 66, 66A to 66E, 67, 68, 69, 70 and 70A in the said
Ordinance: - In the Ordinance, in Sections 66, 66A to 66E, 67, 68, 69, 70 and 70A the
Page 16 of 18
 text after words “shall be punishable with” be replaced with words “minimum
imprisonment of three months which may be extended to three years, or with minimum
fine of Rupees three hundred thousand which may extend to one million rupees, or with
both”.

42. Amendment in Sections 70B in the said Ordinance: - In the Ordinance, in Section
70B, after the words “convicted for the same offence” the text “he or she shall be
punished with minimum imprisonment of three months which may extend to three
years, or with minimum fine of Rupees five hundred thousand which may extend to
two million rupees, or with both”.

43. Amendment in Sections 72 in the said Ordinance: - In the Ordinance, in Section 72

the word “No court inferior to that of a Magistrate of the first class” shall be replaced
with “Only the IP Tribunal”.

44. Amendment in Sections 73 of the said Ordinance: - In Sections 73, the term “Court”
shall be substituted with “IP Tribunal”.

45. Amendment of section 74, Ordinance XXXIV OF 1962.- In the said Ordinance, in
section 74: -
(a) in sub-Section 1, the words “Police Officer” shall be substituted with words
“Officer of Law Enforcement Agency”.;

(b) in Section 74, the word “magistrate”, wherever applicable, shall be replaced with
“IP Tribunal”.

(c) Sub-Section 3 shall be replaced as “Law Enforcement Agencies shall take

cognizance under these clauses if the complaint is referred by the Organization”

46. Amendment in Sections 74A of the said Ordinance: - In Sections 74A, the term
“Magistrate” shall be substituted with “IP Tribunal”.

47. Amendment of section 75, Ordinance XXXIV OF 1962.- In the said Ordinance, in
section 75: -
(a) in the title of Section 75, the words “Magistrate” shall be substituted with words
“IP Tribunal”.;

(b) in the Section, the words “Court to which appeals from the Court making the
order ordinarily lie” shall be replaced with “High Court” and the word “appellate
court” with “High Court”.

48. Amendment in Section 76 in Ordinance XXXVI of 1962: - In the Ordinance, in

Section 76, a word “Copyright” wherever applicable, shall be added before the word
“Board”. The phrase in the proviso of section 76 the word “Copyright Board” shall be
added before the phrase “hears an appeal under this section.”

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49. Amendment of section 77, Ordinance XXXIV OF 1962.- In the said Ordinance, in
section 77: - In the Section, the word “Copyright” wherever applicable, shall be added
before the word “Board”. Omitted the words “not being a decision or order made in an
appeal under section 76 may” from Section 77(1). Also omit words “section 76 and”
from subsection 2 of section 77.
50. Amendment in Section 78, 79, 81 and 82 in Ordinance XXXVI of 1962: - In the
Ordinance, in Section 78, 79, 81 and 82 a word “Copyright” wherever applicable, shall
be added before the word “Board”.
51. Addition of a new Section 82A in the Ordinance XXXVI of 1962:- In the Ordinance,
a new Section 82A shall be added; namely:-
“Section 82A. Power to make regulations: The Organization may, with the prior
approval of the IPO Policy Board and by notification in the official Gazette, make
regulations not inconsistent with this Ordinance or the rules made thereunder to carry
out the purposes of this Ordinance”.

52. Amendment in Section 84 in Ordinance XXXVI of 1962: - In the Ordinance, in sub-

Section 1 of Section 84 a word “Copyright” shall be added before the word “Board”.

53. Addition of a new Section 85 in the Ordinance XXXVI of 1962:- In the Ordinance,
a new Section 85 shall be added; namely:-
“Section 85: Validity of Electronic Documents: The submission and issuance of
electronic forms of the following communications for official purpose shall be accepted
and shall be considered as valid for legal references:
(i) submission of all the prescribed application forms and other related
documents defined by the rules notified under this ordinance, by the
applicant excluding power of attorney;
(ii) The Copyright Register maintained under section 38;
(iii) All the notices in processing of copyright application and grant of
registrations;
(iv) All the publications by the office including copyright journals;
(v) All the certificates and licenses issued by the office including compulsory
license and assignments;
(vi) Miscellaneous official documents, orders, circulars, filing receipts and user
registration requests for e-services offered by the Organization.
(vii) Sharing of any information with concerned individuals/statutory
bodies/Associations etc.
(viii) All other notices issued while implementing the provisions of the
Ordinance”.

End of Document
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