The
Copyright Ordinance, 1962
Ordinance No. XXXIV of 1962
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.--- (1) This
Ordinance may be called the Copyright Ordinance, 1962.
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force on such date as the Federal Government may, by
notification in the official Gazette, appoint.
2.
Definitions.--- In
this Ordinance, unless there is any thing repugnant in the subject or
context,---
(a)
“adaptation” means:---
(i) in
relation to a dramatic work, the conversion of the work into a non-dramatic
work;
(ii) in
relation to a literary work or an artistic work, the conversion of the work
into a dramatic work by way of performance in public or otherwise.
(iii) in
relation to a literary or dramatic work, any abridgment of the work or any
version of the work in which the story or action is conveyed wholly or mainly
by means of pictures in a form suitable for reproduction in a book, or in a
newspaper, magazine or similar periodical;
and
(iv) in
relation to a musical work, any arrangement or transcription of the work;
(b) “architectural
work of art” means any building or structure having an artistic character or
design, or any model for such building o structure;
(c) “artistic
work” means:-
(i) a
painting, a sculpture, a drawing (including a diagram, map, chart or plan), an
engraving or a photograph, whether or not any such work possess artistic
quality;
(ii) an
architectural work of art; and
(iii) any
other work or artistic craftsmanship;
(ca) “audio-visual
work” means a work which consists of a series of related images which are
intrinsically intended to be shown by the use of a machine or device, such as a
projector, viewer or electronic equipment, together with accompanying
sound, if any, regardless of the nature of the material object, such as film or
tape, in which the work is embodied;
(d) “author”
means:---
(i) in
relation to a literary or dramatic work, the author of the work;
(ii) in
relation to a musical work, the composer;
(iii) in
relation to an artistic work other than a photograph, the artist;
(iv) in
relation to a photograph, the person taking the photograph;
(v) in
relation to a cinematographic work, the owner of the work at the time of its
completion; and
(vi) in
relation to a record the owner of the original plate from which the record is
made, at the time of the making of the place;
(e) “Board”
means the Copyright Board constituted under section 45;
(f) ”book”
includes every volume, or division of a volume, and pamphlet, in any language,
and every sheet of music, map, chart or plan, separately printed or
lithographed, but does not include a periodical or newspaper;
(g)”calendar
year” means the year commencing on the first day of January;
(h)”cinematographic
work” means any sequence of visual images including video films of every
kind, recorded on material of any description (whether translucent or not),
whether silent or accompanied by sound, which, if shown (played back,
exhibited) conveys the sensation of motion;
(ha)
“copy” includes any material object in which a work is fixed by any method and
from which the work can be perceived, reproduced or otherwise communicated,
either directly or with the aid of a machine or device;
(hb)
“counterfeit copy” means a copy which is an imitation of another copy and
appears to be, but is not, genuine;
(i) “delivery”
in relation to a lecture, includes delivery by means of any mechanical
instrument or by broadcast or telecast;
(j)
”dramatic work” includes any piece for recitation, choreographic work or
entertainment in dumb show, the scenic arrangement or acting form of which is
fixed in writing or otherwise but does not include a cinematographic
work;
(k) “engravings”
include” etchings, lithographs, woodcuts, prints and other similar works, not
being photographs;
(l) “exclusive
license” means a licence which confers on the licensee or on the licensee and
persons authorized by him, to the exclusion of all other persons (including the
owner of the copyright), any right comprised in the copyright in a work and
“exclusive licensee” shall be construed
accordingly;
(m) “Government
work” means a work which is made or published by or under the direction or
control of:-
(i) the
Government or any department of the Government; or
(ii) any
court, tribunal or other judicial or legislative authority in Pakistan
(n) “infringing
copy” means,---
(i) in
relation to a literary, dramatic or artistic work, a reproduction thereof
otherwise than in the form of a cinematographic work;
(ii) in
relation to cinematographic work, a copy of the work or a record embodying the
recording in any part of the sound track associated with the film;
(iii) in
relation to a record, any record, embodying the same recording; and
(iv) in
relation to a programme in which a broadcast reproduction right subsists under
section 24, a record recording the programme:---
if
such reproduction, copy or record is made or imported in contravention of
any of the provision of this Ordinance;
(o) “lecture”
includes address, speech and sermon;
(p) “literary
work” includes works on humanity, religion, social and physical sciences,
tables “compilations and computer programmes, 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”
(q) “manuscript”
means the original document embodying the work, whether written by hand or
not;
(r) “musical
work” means any combination of melody and harmony or either or them, printed,
reduced to writing or otherwise graphically produced or reproduced;
(s) “newspapers”
means any printed periodical work containing public news or comments on
public news published in conformity with the provisions of sections 5, 6, 7 and
8 of the Press and Publication Ordinance, 1960;
(t) “Pakistani
work” means a literary, dramatic musical or artistic work, the author of which
is citizen of Pakistan and
includes a cinematographic work or record made or manufactured in Pakistan
(u) “performance”
includes any mode of visual or acoustic presentation, including any such
presentation by the exhibition of a cinematographic work, or by means of
broadcast or by the use of a record, or by any other means and, in relation to
a lecture, includes the delivery of such lecture;
(v) “performing
rights society” means a society, association or other body, whether
incorporated or not, which carries on in Pakistan the business of issuing or
granting licences for the performance in Pakistan of any works in which
copyright subsists;
(va) “periodical”
includes a publication with distinctive title intended to appear in successive
numbers or in parts at regular or irregular intervals and, as a rule, for an
indefinite time, each part generally containing articles by several
contributors;
(w) “photograph”
includes photo-lithograph and any work produced by any process analogous to
photography but does not include any part of a cinematographic work;
(x) “plate”
includes any stereotype or other plate, stone, block, mould, matrix, transfer,
negative, tape, wire, optical film, or other device used or intended to be used
for printing or reproducing copies of any work, and any matrix or other
appliances by which records for the acoustic presentation of the work are or
are intended to be made;
(y) “prescribed”
means prescribed by rules made under the Ordinance;
(z) “public
libraries” means the national library of Pakistan, Islamabad, and such other
libraries as may be so declared by the Federal Government by notification in
the official Gazette;
(za) “radio
diffusion” includes communication to the public by any means of wireless
diffusion whether in the form of sounds or visual images or both;
(zb) “record”
means any disc, tape, wire, perforated roll or other device in which sounds are
embodied so as to be capable of being reproduced therefrom, other than a sound
track associated with a cinematographic work;
(zc) “recording”
means the aggregate of the sounds embodied in and capable of being reproduced
by means of a record;
(zd) “reproduction”
in the case by a literary, dramatic or musical work, includes a reproduction in
the form of a record or of a cinematographic work, and, in the case of an
artistic work, includes a version produced by converting the work into a
three-dimensional form, or if it is in three dimensions, by converting it into
a two dimensional form and references to reproducing a work shall be construed
accordingly;
(ze) “Registrar”
means the Registrar of Copyrights appointed under section 44 and includes a
Deputy Registrar of Copyrights when discharging any function of the Registrar;
(zf) “work”
means any of the following works, namely:---
(i) a
literary, dramatic, musical or artistic work;
(ii) a
cinematographic work;
(iii) a
record;
(zg) “work
of joint authorship” means a work produced by the collaboration of two or more authors
in which the contribution of one author is not distinct from the contribution
of the other authors; and
(zh) “work
of sculpture” includes casts and models.
3. Meaning of Copyright.---
1. For the purpose of this Ordinance, “copyright” means the exclusive
right, by virtue of, and subject to, the provisions of this Ordinance:---
(a) in
the case of a literary, dramatic or musical work, to do and authorize the doing
of any of the following acts, namely:---
(i) to
reproduce the work in any material form;
(ii) to
publish the work;
(iii) to
perform the work in public;
(iv) to
produce, reproduce, perform or publish any translation of the work;
(v) to
use the mark in a cinematographic work or make a record in respect of the
work;
(vi) to
broadcast the work, or to communicate the broadcast of the work to the public
by a loudspeaker or any other similar instrument;
(vii) to
make any adaptation of the work;
(viii) to
do in relation to translation or an adaptation of the work any of the acts
specified in relation to the work in sub-clauses (i) to (vi);
(b) in
the case of an artistic work, to do or authorize the doing of any of the
following acts, namely;---
(i) to
reproduce the work in any material form;
(ii) to
publish the work;
(iii) to
use the work in a cinematographic work;
(iv) to
show the work in television;
(v) to
make any adaptation of the work;
(vi) to
do in relation to an adaptation of the work any of the acts specified in
relation to the work in sub-clauses (i) to (iv);
(c) in
the case of a cinematographic work, to do or authorize the doing of any of the
following acts, namely:---
(i) to
make copy of the work;
(ii) to
cause the work in so far as it consists of visual images, to be seen in public
and, in so far as it consists of sounds, to be heard in public;
(iii) to
make any record embodying the recording in any part of the sound track
associated with the work by utilising such sound strack;
(iv) to
broadcast the work;
(d) in
the case of a record, to do or authorize the doing of any of the following acts
by utilizing the record, namely:---
(i) to
make any other record embodying the same recording;
(ii) to
use the recording in the sound track of a cinematographic work;
(iii) to
cause the recording embodied in the record to be heard in the public;
(iv) to
communicate the recording embodied in the record by broadcast.
(2) Any
reference in sub-section(1) to the doing of any act in relation to a work or a
translation or an adaptation thereof shall include a reference to the doing of
that act in relation to a part thereof.
(a) in
the case of a literary, dramatic, musical or artistic work, the issue of copies
of the work to the public in sufficient quantities;
(b) in
the case of cinematographic work, the sale or hire or offer for sale or hire of
the work or copies thereof to the public;
(c) in
the case of a record, the issue of records to the public in sufficient
quantities;
but
does not, except as otherwise expressly provided in this Ordinance,
include:---
(i) in
the case of a literary, dramatic or musical work the issue of any records
recording such work;
(ii) in
the case of work of sculpture or an architectural work of art, the issue of
photographs and engravings of such work.
2. If
any question arises under sub-section (1) whether copies of any literary,
dramatic, musical or artistic work, or records issued to the public are
sufficient in quantities, it shall be referred to the Board whose decision
thereon shall be final.
5. When
work not deemed to be published or performed in public.---
Except for the purposes of infringement of copyright, a work
shall not be deemed to be published or performed in public, and a lecture shall
not be deemed to be delivered in public, if published, performed in public or
delivered in public, without the licence or consent of the owner of the
copyright.
6. When
work deemed to be first published in Pakistan.--- 1. For
the purposes of this Ordinance, a work published in Pakistan, shall be deemed
to be first published in Pakistan, notwithstanding that it has been published
simultaneously in some other country, unless such other country provides a
shorter term of copyright for such work and a work shall be deemed to be
published simultaneously in Pakistan and in another country if the time between
the publication in Pakistan and the publication in such other country does not
exceed thirty days.
2. If
any question arises under sub-section (1) whether the term of copyright for any
work is shorter in any other country than that provided in respect of that work
under this Ordinance, it shall be referred to the Board whose decision thereon
shall be final.
7. Nationality
of author where the making of unpublished work is extended over considerable
period.--- Where
in the case of an unpublished work, the making of the work is extended over a
considerable period, the author of the work shall for the purposes of this
Ordinance, be deemed to be a citizen of, or domiciled in, the country of which
he was a citizen or wherein he was domiciled during the major part of that
period.
8. Domicile of corporation.---
For the purposes of this Ordinance a body corporate shall be
deemed to be domiciled in Pakistan
if it is incorporated under any law in force in Pakistan
or if it has an established place of business in Pakistan
CHAPTER II
COPYRIGHT, OWNERSHIP OF COPYRIGHT
AND THE RIGHTS OF THE OWNER
9. No
copyright except as provided in this Ordinance.---
No person shall be entitled to copyright or any right in any
work, whether published or unpublished, otherwise than under and in accordance
with the provision of this Ordinance, or of any other law for the time being in
force, but nothing in this section shall be construed as abrogating any right
or jurisdiction to restrain a breach of trust or confidence.
10. Works
in which copyright subsists.--- (1) Subject
to the provisions of this section and to the other provisions of this
Ordinance, copyright shall subsist throughout Pakistan in the following classes
of works that is to say:---
(a) original,
literary, dramatic, musical and artistic works;
(b)
cinematographic works; and
(c) records.
(2) Copyright
shall not subsist in any work specified in subsection
(1) other
than a work to which the provisions of section 53 or section 54 apply,
unless:-
(i) in
the case of a published work, the work is first published in Pakistan , or where the work is first published
outside Pakistan , the author
is at the date of such publication, or in a case where the author was dead at
that date, was at the time of his death, a citizen of Pakistan or domiciled in Pakistan
(ii) in
the case of an unpublished work other than an architectural work of art, the
author is at the date of the making of the work a citizen of Pakistan or
domiciled in Pakistan; and
(iii) in
the case of an architectural work of art, the work is located in Pakistan
(2A) Copyright
shall not subsist in any work referred to in sub-section (2) as respects its
reprint, translation, adaptation or publication, by or under the authority of
the Federal Government as text-book for the purposes of teaching, study or
research in educational institutions.
(3) Copyright
shall not subsist:-
(a) in
any cinematographic work, if a substantial part of the work is an infringement
of the copyright in any other
work;
(b) in
any record made in respect of a literary, dramatic or musical work, if, in
making the record, copyright in such work has been infringed.
(4) The
copyright or the lack of copyright in a cinematographic work or a record shall
not affect the separate copyright in any work in respect of which or a
substantial part of which, the work, or as the case may be, the record is
made.
(5) In
the case of an architectural work of art, copyright shall subsist only in the
artistic character and design and shall not extend to the process or methods of
construction.
11. Work of joint author.---
Where, in the case of a work of joint authorship, some one
or more of the joint authors do not satisfy the conditions conferring copyright
laid down by this Ordinance, the work shall be treated for the purposes of this
Ordinance as if the other author or authors had been the sole author or authors
thereof:
Provided
that the term of the copyright shall be the same as it would have been if all
the authors had satisfied such conditions.
12. Provision
as to designs registerable under Act II of 1911.---
(1) Copyright shall not subsist under this Ordinance in
any design which is registered under the Patents and Designs Act, 1911.
(2) Copyright
in any design which is capable of being registered under the Patents and
Designs Act, 1911, but which has not been so registered, shall cease as soon as
any article to which the design has been applied has been reproduced more than
fifty times by an industrial process by the owner of the copyright or, with his
license, by any other person.
13. First owners of copyright.---
Subject to the provisions of this Ordinance, the author of a
work shall be the first owner of the copyright therein:
Provided
that:---
(a) in
the case of a literary, dramatic or artistic work made by the author in the
course of his employment by the proprietor of a newspaper, magazine or similar
periodical under a contract of service or apprenticeship, for the purpose of
publication in a newspaper, magazine or similar periodical, the said proprietor
shall, in the absence of any agreement to the contrary, be the first owner of
the copyright in the work in so far as the copyright relates to the publication
of the work in any newspaper, magazine or similar periodical, or to the
reproduction of the work for the purpose of its being so published, but in all
other respects the author shall be the first owner of the copyright in the
work;
(b) subject
to the provisions of clause (a), in the case of a photograph taken, or a
painting or portrait drawn, or an engraving or a cinematographic work made, for
valuable consideration at the instance of any person, such person shall, in the
absence of any agreement to the contrary, be the first owner of the copyright
therein;
(c) in
the case of a work made in the course of the author's employment under a
contract of service or apprenticeship, to which clause (a) or clause (b) does
not apply, the employer shall, in the absence of any agreement to the contrary
be the first owner of the copyright therein;
(d) in
the case of a Government work, Government shall, in the absence of any
agreement to the contrary, be the first owner of the copyright therein;
(e) in
the case of a work to which the provisions of section 53 apply, the
international organization concerned shall be the first owner of the copyright
therein.
14. Assignment of copyright.---
(1) The owner of the copyright in an existing work or
the prospective owner of the copyright in a future work may assign to any
person the copyright either wholly or partially and either generally or subject
to limitations and either for the whole term of the copyright or any part
thereof:---
Provided
that, in the case of the assignment of copyright in any future work, the
assignment shall take effect only when the work comes into existence:---
Provided
further that, where the owner of the copyright in a work is the author of the
work, no assignment of the copyright in the work or of any interest in such
copyright shall be made, or if made shall be effective (except where the
assignment is made in favour of Government or an educational, charitable,
religious or non-profit institution) for a period of more than ten years
beginning from the calendar year next following the year in which the
assignment is made ; if an assignment of the copyright in a work is made in
contravention of this proviso, the copyright in the work shall, on the expiry
of the period specified in this proviso, revert to the author (who may
re-assign the copyright in the work subject to the provisions herein
contained), or if the author be dead to his representatives in interest.
Provided
further that the copyright in an unpublished work assigned by its author to any
person or organization for the specific purpose of its publication shall revert
to the author if such work is not published within a period of three years from
the date of its assignment; and
(2) Where
the assignee of a copyright becomes entitled to any right comprised in the
copyright, the assignee as respects the rights so assigned, and the assignor as
respects the rights not assigned, shall be treated for the purposes of this
Ordinance as the owner of copyright and the provisions of this Ordinance shall
have effect accordingly.
(2A) If
the owner of a copyright or the publisher, or the publisher to whom such right
has been assigned, considers any of the terms of the assignment to be likely to
affect his interests adversely, he may within one year of such assignment apply
to the Board to consider such term and the Board may, after hearing both the
parties, pass such order as it may deem fit; and the order of the Board shall
be binding on both the parties.
(3) In
this section, the expression “assignee” as respects the assignment of the
copyright in any future work includes the legal representatives of the
assignee, if the assignee dies before the work comes into existence.
15. Mode of assignment.---
No assignment of the copyright in any work shall be valid
unless it is in writing signed by the assignor or by his duly authorized.
16. Transmission
of copyright in manuscript by testamentary disposition.---
Where under a bequest a person is entailed to the manuscript
of a literary, dramatic or musical work, or to an artistic work, and the work
was not published before the death of the testator, the bequest shall, unless
the contrary intention is indicated in the testator's will or any codicil
thereto, to be construed as including the copyright in the work in so far as
the testator was the owner of the copyright immediately before his death.
17. Right
of owner to relinquish copyright.--- (1) The
owner of the copyright in a work may relinquish all or any of the rights
comprised in copyright by given notice in the prescribed form to the Registrar
and thereupon such rights shall, subject to the provisions of sub-section (3),
cease to exist from the date of the notice.
(2) On
receipt of a notice under sub-section (1), the Registrar shall cause it to be
published in the official Gazette and in such other manner as he may deem
fit.
(3) The
relinquishment of all or any of the rights comprised in the copyright in a work
shall not affect any rights subsisting in favour of any person on the date of
the notice referred to in subsection (1).
CHAPTER III
TERM OF COPYRIGHT
18. Term of copyright
in published literary, dramatic, musical and artistic works.--- Except
as otherwise hereinafter provided, copyright shall subsist in any literary,
dramatic, musical or artistic work (other than a photograph) published within
the life time of the author until fifty years from the beginning of the
calendar year next following the year in which the author dies.
Explanation.
In this section, the reference to the author shall, in the case
of a work of joint authorship, be construed as a reference to the author
who dies last.
19. Term
of copyright in posthumous work.--- (1) In
the case of a literary, dramatic or musical work or an engraving, in which
copyright subsists at the date of the death of the author or in the case of any
such work of joint authorship, at or immediately before the date of the death
of the author who dies last, but which or any adaptation of which, had not been
published before that date, copyright shall subsist until fifty years from the
beginning of the calendar year next following the year in which the work is
first published or where an adaptation of the work is published in any earlier
year, from the beginning of the calendar year next following that year.
(2) For
the purposes of this section a literary, dramatic or musical work or an
adaptation of any such work shall be deemed to have been published, if it has
been performed in public or if any records made in respect of the work have
been sold, or offered for sale, to the public.
20. Term
of copyright in cinematographic works, records and photographs.---
(1) In the case of a cinematographic work, copyright
shall subsist until fifty years from the beginning of the calendar year next
following the year in which the work is
published.
(2) In
the case of a record, copyright shall subsist until fifty years from the
beginning of the calendar year next following the year in which the record is
published.
(3) In
the case of a photograph, copyright shall subsist until fifty years from the
beginning of the calendar year next following the year in which the photograph
is published.
21. Term
of copyright in anonymous and pseudonymous work.---
(1) In the case of a literary, dramatic, musical or
artistic work (other than a photograph), which is published anonymously or
pseudonymously copyright shall subsist until fifty years from the beginning of
the calendar year next following the year in which the work is first
published:---
Provided
that where the identity of the author is disclosed before the expiry of the
said period, copyright shall subsist until fifty years from the beginning of
the calendar year next following the year in which the author dies.
(2) In
sub-section (1), references to the author shall, in the case of an anonymous
work of joint authorship, be construed:-
(a) where
the identity of one of the authors is disclosed as references to that
author;
(b) where
the identity of more authors than one is disclosed, as references to the author
who dies last from amongst such authors.
(3) In
sub-section (1), references to the author shall, in the case of a pseudonymous
work of joint authorship, be construed:-
(a) where
the names of one or more (but not all) of the authors are pseudonyms and his or
their identity is not disclosed, as references to the author whose name is not
a pseudonym, or, of the names of two or more of the author are not pseudonyms,
as references to such one of those authors who dies last;
(b) where
the names of one or more (but not all) of the authors are pseudonyms and
the identity of one or more of them is disclosed, as references to the author
who dies last from amongst the authors whose names are not pseudonyms and the
authors whose names are pseudonyms and are disclosed ; and
(c) where
the names of all the authors are pseudonyms and the identity of one of them is
disclosed, as references to the author whose identity is disclosed or, if
the identity of two or more of such authors is disclosed, as references to such
one of those authors who dies last.
Explanation.
For the propose of this section, the identity of an author shall be deemed to
have been disclosed, if either the identity of the author is disclosed publicly
by both the author and the publisher or is otherwise established to the
satisfaction of the Board but that author.
22. Term
of copyright in Government works and in works of international organizations.---
(1) Copyright in a Government work shall, where
Government is the first owner of the copyright therein, subsist until fifty
years from the beginning of the calendar year next following the year in which
the work is first published.
(2) In
the case of a work of an international organization to which the provisions of
section 53 apply, copyright shall subsist until fifty years from the beginning
of the calendar year next following the year in which the work is first
published.
23. Term
of copyright in unpublished work.--- (1) If
a work, whose author's identity is known, is not publish posthumously within
fifty years after the death of the author, such work shall fall into the public
domain after fifty years from the beginning of the calendar years next
following the year in which the author dies.
(2) If
a work, whose author's identity is not known, is not published within fifty
years of its creation, such work shall fall into the public domain after fifty
years from the beginning of the calendar year next following the year in which
the work is created.
CHAPTER IV
RIGHTS OF BROADCASTING ORGANIZATIONS
24. Rights
of broadcasting organizations.--- (1) Broadcasting
organizations shall enjoy the right to
authorize:-
(a) the rebroadcasting of their broadcasts:
(b) the fixation of their broadcasts; and
(c) the copying of fixations made of their
broadcasts.
(2) This
right shall subsist until twenty-five years from the beginning of the calendar
year next following the years in which the broadcast took place.
25. Application
of other provisions of this Ordinance to broadcasts.---
Any person who, without the authorization of the
broadcasting organization, does or causes the doing of any of the acts referred
to in section 24 shall be deemed to infringe the rights of the broadcasting
organization, and the provisions contained in Chapter XII to XVI shall, within
the limits permitted by the nature of the matter, apply to broadcasting
organization and broadcasts as if they were authors and works, respectively.
26. Definitions.---
(a) ”Broadcast” means communication to the public by
any means of radio-diffusion, including communication by telecast, or by wire,
or by both, and “broadcasting” shall be construed according.”
(b) “Rebroadcasting”
means the simultaneous broadcasting by one broadcasting organization of the
broadcast of author broadcasting organization.
(c) “Fixation”
means the incorporation of sounds or images or both in a device by means of
which they can later be made aurally or visually perceivable.
27. Other rights not affected.---
For the removal of doubts, it is hereby declared that the
rights conferred upon broadcasting organizations shall not affect the copyright
in any literary, dramatic, musical, artistic or cinematographic work, or in any
record used in the broadcast.
CHAPTER V
RIGHTS IN PUBLISHED EDITIONS OF
WORKS
28. Protection of
typography and terms of protection.--- The publisher of an
edition of a work shall enjoy the right to authorize the making, by any
photographic or similar process, of copies, intended for sale in commerce, of
the typographical arrangement of the edition, and such right shall subsist
until twenty-five years from the beginning of the calendar year next following
the year in which the edition was first published.
29. Infringement, etc.---
Any person who, without the authorization of the publishers,
makes or causes the making of, by any photographic or similar process, copies,
intended for sale in commerce, of the typographical arrangement of the edition
or any substantial part thereof, shall be deemed to infringe the rights of the
publishers, and the provisions contained in Chapters XII to XVI shall, within
the limits permitted by the nature of the matter, apply to the publisher and
the typographical arrangements of editions as if they were authors and works
respectively.
Explanation.
“Typographical arrangement” shall include calligraphy.
30. Relations to copyright.---
For the removal of doubts, it is hereby declared that the
right conferred upon publishers by this Chapter shall 3 Amendment of section
30. Ordinance XXXIV of 1962.- In the said Ordinance, in section 30, after the
words “declared that” the commas, words, brackets, figures and letter “subject
to the provisions of sub-section (2A) of section 10,” shall be inserted.
(a) subsists
irrespective of the question whether the edition is that of work protected or
unprotected by copyright;
(b) not
affect the copyright, if any, in the literary, dramatic, musical or artistic
work itself.
CHAPTER VI
PERFORMING RIGHTS SOCIETIES
31. Performing
rights society to file statement of fees, charges and royalties.---
(1) Every performing right society shall, within the
prescribed time and in the prescribed manner, prepare, publish and file with
the Registrar, statement of all fees, charges, royalties which is proposes to
collect for the grant of licenses for the performance in public of works it
respect of which it has authority to grant such licenses.
(2) If any such society fails, in relation to any work, to prepare,
publish or file with the Registrar the statements referred to in
sub-sub-section (1) in accordance with the provisions of the sub-section, no
action or other proceeding to enforce any remedy, civil or criminal, for
infringement of the performing rights in that work shall be commenced except
with the consent of the Registrar.
32. Objections
relating to published statements.--- Any
person having any objections to any fees, charge or royalties or other
particulars included in any statement referred to in section 31 may at any time
lodge such objections in writing at the Copyright Office.
33. Determination of
objections.--- (1)
Every objection lodged, at the Copyright Office under section 32 shall, as soon
as may be, be referred to the Board and the Board shall decide such objection
in the manner, hereinafter provided.
(2) The Board shall not withstanding that no objection has been lodged,
take notice of any matter which, in its opinion, is one for objection.
(3) The Board shall give notice in respect of every objections to the
performing rights society concerned and shall give to such society and the
person who lodged the objection a reasonable opportunity of being heard.
(4) The Board shall, after making the prescribed enquiry, make such
alterations in the statements as it may think fit, and shall transmit the
statements thus altered or unchanged, as the case may be, to the Registrar, who
shall thereupon as soon as practicable after the receipt of such statements,
publish them n the official Gazette and furnish the performing rights society
concerned and the person who lodged the objection with a copy thereof.
(5) The statement of fees, charges or royalties as approved by the Board
shall be the fees, charges or royalties which the performing rights society
concerned may respectively lawfully sue for or collect in respect of the issue
or grant by it of licenses for the performance in public of works to which such
fees, charges or royalties relate.
(6) No performing rights society shall have any right of action or any
right to enforce any civil or other remedy for infringement of the performing
rights in any work claimed by such society against any person who has tendered
or paid to such society the fees, charges or royalties which have been approved
by the Board as aforesaid.
34. Existing
rights not affected. Nothing in this Chapter shall be deemed to affect.---
(a) any rights or liabilities in relation to the
performing rights in work accrued or incurred before the commencement of this
Ordinance; and
(b) any
legal proceedings in respect of such rights or liabilities pending at such
commencement.
CHAPTER VII
LICENSES
35. Licenses
by owners of copyright.--- The
owner of the copyright in any existing work or the prospective owner of the
copyright in any future work may grant any interest in the copyright by license
in writing signed by him or by his duty authorized agent:---
Provided
that in the case of a license relating to copyright in any future work, the
license shall take effect only when the work comes into existence.
Explanation.
When a person to whom a license relating to copyright in any future work is
granted under this section dies before the work comes into existence, his legal
representatives shall, in the absence of any provision to the contrary in the
license, be entitled to the benefit of the license.
36. Compulsory
license in work withheld from public.--- (1) If
at any time during the term of copyright in any Pakistani work which has been
published or performed in public, an application is made to the Board that the
owner of the copyright in the work-
(a) has
refused to republish or allow the republication of the work or has refused to
allow the performance in public of the work and by reason of such refusal the
work is withheld from the public; or
(b) has
refused to allow communication to the public by broadcast of such work or, in
the case of a record the work recorded in such record, on terms which the
applicant considers reasonable; or
(c) is
dead or is unknown or cannot be traced or found and republication of the work
is necessary in the public interest; the Board, after giving to the owner
of the copyright in the work a reasonable opportunity of being heard and after
holding such inquiry as it may deem necessary, may, if it is satisfied that
such refusal is not in the public interest, or that the grounds for such
refusal are not reasonable, direct the Registrar to grant to the applicant a
license to republish the work, perform the work in public or communicate the
work to the public by radio-diffusion, as the case may be, subject to payment
to the owner of the copyright of such compensation and subject to such other
terms and conditions as the Board may determine; and thereupon the Registrar
shall grant the license to the applicant in accordance with the direction of
the Board, on payment of such fee as may be prescribed.
(2) Where
two or more persons have made applications under sub-section (1), the license
shall be granted to the applicant who in the opinion of the Board would best
serve the interests of the general public.
37. License
to produce and publish translation.--- (1) Any
citizen of Pakistan or a
person domiciled in Pakistan
may apply to the Board for a license to produce and publish a translation of a
literary or dramatic work in any Pakistani language or a language ordinarily
used in Pakistan
(2) Every
such application shall be made in such form as may be prescribed and shall
state the proposed retail price of a copy of the translation of the work.
(3) Every
applicant for a license under this section shall, along with his application,
deposit with the Registrar such fee as may be prescribed.
(4) When
an application is made to the Board under this section, it may, after holding
such inquiry as may be prescribed, direct the Registrar to grant to the
applicant a license, not being an exclusive license, to produce and publish a
translation of the work in the language mentioned in the application, on
condition that the applicant shall pay to the owner of the copyright in the
work royalties in respect of copies of the translation of the work sold to the
public, calculated at such rate as the Board may, in the circumstances of each
case, determine in the prescribed manner;
Provided
that no such license shall be granted, unless,---
(a) a
translation of the work in the language mentioned in the application has not
been published by the owner of the copyright in the work or any person
authorized by him within one year of the first publication of the work, or if a
translation has been so published, it has been out of print;
(b) the
applicant has proved to the satisfaction of the Board that he had requested and
had been denied authorization by the owner of the copyright to produce and
publish such translation or that he was unable to find the owner of the
copyright;
(c) where
the applicant is unable to find the owner of the copyright he had sent a copy
of his request for such authorization to the publisher whose name appears from
the work not less than two months before the application for the license;
(d) the
Board is satisfied that the applicant is competent to produce and publish a
correct translation of the work and possesses the means to pay to the owner of
the copyright the royalties payable to him under section;
(e) omitted.
(f) an
opportunity of being heard is given wherever practicable to the owner of the
copyright in the work;
(g) the
Board is satisfied, for reason to be recorded in writing, that the grant of the
license will be in the public interest.
CHAPTER VIII
REGISTRATION OF COPYRIGHT
38. Register
of Copyrights, indexes form and inspection of Register.---
(1) The Registrar shall keep at the Copyright Office a
register in the prescribed form to be called the Register of Copyrights in
which shall be entered the names or titles of works and the names and addresses
of authors, publishers and owners of copyright and such other particulars as
may be prescribed.
(2) The Registrar shall also keep such indexes of the Register of
Copyrights as may be prescribed.
(3) The Register of Copyright and the indexes thereof kept under this
section shall at all reasonable times be open to inspection, and any person
shall be entitled to take copies, of or make extracts from, any such register
or index on payment of such fee and subject to such conditions as may be
prescribed.
39. Registration of copyrights.---
(1) 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 reason to be recorded in writing, he considers that such entry
should not be made in respect of any work.
40. Registration
of assignments, etc., of copyrights.--- (1) Any
person interested in the grant of an interest in a copyright, either by
assignment or license may make an application in the prescribed form,
accompanied by the prescribed fee, the original instrument of such grant and a
certified copy thereof, to the Registrar for entering the particulars of the
grant in the Register of Copyrights.
(2) On receipt of an application in respect of any work under subsection
(1), the Registrar shall, after holding such inquiry as he deems fit, enter the
particulars of the grant in the Register of Copyrights unless, for reasons to
be recorded in writing, he considers that such entry should not be made in
respect of any grant.
(3) The certified copy of the grant shall be retained at the Copyright
Office and the original shall be returned to the person depositing it, with a
certificate of registration endorsed thereon or affixed thereto.
41. Correction
of entries in the Register of Copyright and indexes, etc.---
(1) The Registrar may in the prescribed cases and subject to the
prescribed conditions, amend or alter the Register of Copyrights and the
indexes by-
(a) correcting
any error in any name, address or particular; or
(b) correcting
any other error which may have arisen therein by accidental slip or omission.
(2) The
Board, on application of the Registrar or of any person aggrieved, may order
the rectification of the Register of Copyrights by-
(a) the
making of any entry wrongly omitted to be made in the Register, or
(b) the
expunging of any entry wrongly made in or, remaining on, the Register, or
(c) the
correction of any error or defect in the Register.
42. Register
of Copyrights to be prima facie evidence of particulars entered therein.---
(1) The Register of Copyrights and the indexes shall be
prima facie evidence of the particulars entered therein and documents
purporting to be copies of any entry therein or extracts therefrom certified by
the Registrar and sealed with the seal of the Copyright Office shall be
admissible in evidence in all courts without further proof of production of the
original.
(2) A certificate of registration of copyright in a work shall be prima
facie evidence that copyright subsists in the work and that the person shown in
the certificate as the owner of the copyright is the owner of such copyright.
CHAPTER IX
COPYRIGHT OFFICE, REGISTRAR OF
COPYRIGHT AND COPYRIGHT BOARD
43. Copyright Office.--- (1) There
shall be established for the purposes of this Ordinance an office to be called
the Copyright Office.
(2) The Copyright Office shall be under the immediate control of the
Registrar of Copyrights who shall act under the superintendence and direction
of the Central Government.
(3) The Copyright Office shall have a seal the impression whereof shall be
judicially noticed.
43 A. Branch of Copyright
Office.--- (1) There
shall be established for the purpose of facilitating the registration of
copyrights, a Branch of the Copyright Office at such place in Pakistan
(2) The Branch Office shall discharge such functions of the Copyright
Office as may be notified by the Registrar from time to time.
44. Registrar
and Deputy Registrars of Copyrights.--- (1) The
Central Government shall, for the purposes of this Ordinance, appoint a
Registrar of Copyrights and may appoint one or more Deputy Registrars of
Copyrights.
(2) The Registrar shall,---
(i) sign all entries made in the Register of Copyrights
kept under this Ordinance;
(ii) sign all certificates of registration of
copyrights and certified copies under the seal of the Copyright Office;
(iii) exercise the powers conferred and perform the
duties imposed upon him by or under this Ordinance;
(iv) be the Secretary of the Copyright Board; and
(v) shall perform such other functions as may be
prescribed.
(3) A Deputy Registrar of Copyrights shall discharge, under the
superintendence and direction of the Registrar, such functions of the Registrar
under this Ordinance as the Registrar may, from time to time, assign to him.
(4) The Registrar may, with the approval of the Federal Government, assign
any particular functions of the Registrar under this Ordinance to officers
other than the Deputy Registrar of Copyrights.
45. Copyright Board.--- (1) The
Central Government shall constitute a Board to be called the Copyright Board
consisting of the following members, namely,---
(i) a Chairman appointed by the Central Government;
(ii) not less than three and not more than five other
members appointed by the Central Government after consultation with the
representative bodies of authors, publishers, cinematograph industry and any
other interest relating to copyright:---
Provided
that adequate representation on the Board shall, as far as possible, be given
to the resident of each Province; and
(iii) the Registrar, ex-office.
(2) The members, including the Chairman of the Board, other than the ex-offico
member, shall hold office for such period and on such terms and conditions as
may be prescribed.
(3) The Chairman shall be a person who is, or has been a Judge of a High
Court, or is qualified for appointment as such Judge.
46. Powers
and procedure of the Board.--- (1) The
Board shall subject to any rules that may be made under this Ordinance, have
power to regulate its own procedure including the fixing of places and times of
its sittings.
(2) If there is a difference of opinion among the members of the Board in
respect of any matter coming before it for decision under this Ordinance, the
opinion of the majority shall prevail:
Provided
that where there is no such majority the opinion of the Chairman shall prevail.
(3) The Board may authorize any of its members to exercise any of its
powers under section 78 and any order made or act done in exercise of any such
power by the member so authorized shall be deemed to be the order or act, as
the case may be, of the Board.
(4) No act done or proceeding taken by the Board under this Ordinance
shall by questioned on the ground merely of the existence of any vacancy in, or
defect in the constitution of the Board.
(5) The Board shall be deemed to be a civil court for the purposes of
sections 480 and 482 of the Code of Criminal Procedure, 1898, and all
proceedings before the Board shall be deemed to be judicial proceedings within
the meaning of sections 193 and 228 of Pakistan Penal Code.
(6) No member of the Board shall take part in any proceedings before the
Board in respect of any matter in which he has a personal interest.
CHAPTER X
DELIVERY OF BOOKS AND NEWSPAPERS TO
PUBLIC LIBRARIES
47. Delivery
of books to public libraries.--- (1) Subject
to any rules that may be made under this Ordinance, but without prejudice to
the provisions contained in section 40 of the Press and Publications Ordinance,
1960, the publisher of every book published in Pakistan after the commencement
of this Ordinance shall, notwithstanding any agreement to the contrary, deliver
at his own expense, one copy of the book to each of the “public libraries within
thirty days from the date of its publication, and shall also furnish to it such
particulars relating thereto as may be prescribed”
(2) The copy delivered to the National Library of Pakistan, Islamabad
shall be a copy of the whole book with all maps and illustrations belonging
thereto finished and coloured in the same manner as the best copies of the
same, and shall be bound, sewed or stitched together and on the best paper on
which any copy of the book is printed.
(3) The copy delivered to any other public library shall be on the paper
on which the largest number of copies of the book is printed for sale, and
shall be in the like condition as the books prepared for sale.
(4) Nothing contained in sub-section (1), shall apply to any second or
subsequent edition of a book in which edition no additions or alterations
either in the letter press or in the maps, book prints or other engravings
belonging to the book have been delivered under this section.
48. Delivery
of periodicals and newspapers to public libraries.---
Subject to any rules that may be made under this Ordinance,
but without prejudice to the provisions contained in section 36 of the
Registration of Printing Press and Publication Ordinance, 1989 (VII of 1989),
the publisher of every periodical or newspaper published in Pakistan shall
deliver, at his own expense, one copy of each issue or such periodical or
newspaper as soon as it is published to each of the public libraries, and shall
also furnish to it such particulars relating thereto as may be prescribed.”
49. Receipt
for books, periodicals and newspapers delivered.---
The person in-charge of a public library (whether called a
librarian or by any other name)or any other person authorized by him in this
behalf to whom a copy of a book, periodical or a newspaper is
delivered under section 47 or Section 48, shall give to the publisher a receipt
in writing thereto,
50. Penalty.---
Any publisher who contravenes any provision of this Chapter
or any rule made thereunder shall be punishable with fine which may extend to
five hundred rupees and if the contravention is in respect of a book or a
periodical shall also be publishable with fine which shall be equivalent to the
value of the value of the book, or periodical and the Court trying the offense
may direct that whole or any part of the fine realized from him shall be paid,
by way of compensation, to the public library to which the book, periodical or
newspaper, as the case may be, ought to have been delivered.
51. Cognizance
of offense under this Chapter.---
(1) No Court shall take cognizance of any offense punishable
under this Chapter save no complaint made by an officer empowered in this
behalf by the Central Government by a general or special order.
52. Application
of this Chapter to books, periodicals and newspapers published by Government.---
This Chapter shall also apply to books, periodicals and
newspapers published by or under the authority of the Government, but shall not
apply to books or periodicals meant for official use only.
CHAPTER XI
INTERNATIONAL COPYRIGHT
53. Provisions
as to works of certain international organizations.--- (1) The
Central Government may, by notification in the official Gazette, declare that
this section shall apply to such organizations as may be specified therein of
which one or more sovereign powers or the Government or Governments thereof are
members.
(2) Where;---
(a) any work is made or first published by or under the
direction or control of any organization to which this section applies; and
(b) there would, apart from this section, be no
copyright in the work in Pakistan
(c) either;---
(i) the work is published as aforesaid in pursuance of
an agreement in that behalf with the author, being an agreement which does not
reserve to the author the copyright, if any, in the work, or
(ii) under section 13 any copyright in the work would
belong to the organization, there shall subsist copyright in the work
throughout Pakistan
(2A) Read with new sub-section
(3) Any organization to which this section applies which
at the material time had not the legal capacity of a body corporate shall have,
(4)
Amendment of section 53, Ordinance XXXIV of 1962.-In the said Ordinance, in
section 53, in sub-section (2), after e word “Pakistan” at the end, the
following shall be added, namely :-(Amended Act II of 1973) “except as respects
its reprint, translation adaptation or publication, by or under the authority
of the Federal Government, as text-book for the purposes of teaching, study or
research in educational institutions.
3.
Any organization to which this section applies which at the material time had
not the legal capacity of a body corporate shall have be deemed at all material
times to have had, the legal capacity of a body corporate for the purpose of
holding, dealing with, and enforcing copyright and in connection with all legal
proceedings relating to copyright.
54. Power
to extend copyright to foreign works.--- (1) The
Central Government may, by order published in the official Gazette, direct that
all or any of the provisions of this Ordinance shall apply;---
(a) to works first published in a foreign country to
which the order relates in like manner as if they were first published within Pakistan
(b) to unpublished works, or any class thereof, the
authors whereof were at the time of making of the work, subjects or citizens of
a foreign country to which the order relates, in like manner as if the authors
were citizens of Pakistan;
(c) in respect of domicile in a foreign country to
which the order relates in like manner as if such domicile were in Pakistan
(d) to any work of which the author was at the date of
the first publication thereof, or in a case where the author was dead at that
date, was at the time of his death, a subject or citizen of a foreign country
to which the order relates in like manner as if the author was a citizen of
Pakistan at the date or time;
and
thereupon, subject to the provisions of this Chapter and of the order, this
Ordinance shall apply accordingly:---
Provided
that:---
(i) before making an order under this section in
respect of any foreign country (other than a country with which Pakistan has
entered into a treaty or which is a party to a convention relating to copyright
to which Pakistan is also a party) the Central Government shall be satisfied
that foreign country has made or has undertaken to make, such provisions, if
any as it appears to the Central Government expedient to require for the
protection in that country of words entitled to copyright under the provisions
of this Ordinance;
(ii) the order may provide that the provisions of this
Ordinance shall apply either generally or in relation to such classes of works
or such classes of cases as may be specified in the order;
(iii) the order may provide that the term of copyright
in Pakistan
(iv) the order may provide that the provisions of this
Ordinance as to delivery of copies of books to public libraries shall not apply
to works first published in such foreign country except so far as is provided
by the order;
(v) in applying the provisions of this Ordinance as to
ownership of copyright the order may make such modification as appears
necessary, having regard to the law of the foreign country;
(vi) the order may provide that the provisions of this
Ordinance or any part thereof shall not apply to works made, or first published
before the commencement of the order.
CHAPTER XII
INFRINGEMENT OF COPYRIGHT
(a) when any person without the consent of the owner of
the copyright or without a license granted by such owner or the Registrar under
this Ordinance or in contravention of the conditions of a license so granted or
of any condition imposed by a competent authority under this Ordinance;-
(i) does anything the exclusive right to do which is by
this Ordinance conferred upon the owner of the copyright; or
(ii) permits for profit any place to be used for the
performance of the work in public where such performance constitutes an
infringement of the copyright in the work unless he was not aware and had no
reasonable ground for suspecting, that such performance would be an
infringement of copyright, or
(b) when any person:---
(i) makes for sale or hire or sells or lets for hire,
or by way of trade displays or offers for sale or hire, or
(ii) distributes either for the purpose of trade to
such an extent as to affect prejudicially the owner of the copyright, or
(iii) by way of trade exhibits in public, or
(iv) imports into Pakistan
Explanation. For the purposes of this section, the reproduction of a literary,
dramatic, musical or artistic work in the form of a cinematographic work shall
be deemed to be an “infringing copy”
57. Certain
acts not to be infringement of copyright.---
(1) The following acts shall not constitute an
infringement of copyright, namely:---
(a) a fair dealing with a literary, dramatic, musical
or artistic work for the purpose of:---
(i) research or private study;
(ii) criticism or review, whether of that work or of
any other work;
(b) a fair dealing with a literary, dramatic, musical
or artistic work for the purpose of reporting current events:---
(i) in a newspaper, magazine or similar periodical, or
(ii) by broadcast or in a cinematographic work or by
means of photographs;
(c) the reproduction of a literary, dramatic, musical
or artistic work for the propose of a judicial proceeding or for the purpose of
a report of a judicial proceeding;
(d) the publication in a newspaper of a report of an
address of political nature delivered at a public meeting unless the report is
prohibited by conspicuous written or printed notice affixed before and
maintained during the lecture at or about the main entrance of the building in
which the lecture is given and, except whilst the building is being used for
public worship, in a position near the lecture; but nothing in his clause shall
affect the provisions as to newspaper summaries;
(e) the reproduction of any literary, dramatic, or
musical work in the certified copy made or supplied in accordance with any law
for the time being in force;
(f) the reading or recitation in public of any
reasonable extract from a published literary or dramatic work;
(g) the publication in a collection, mainly
composed of non-copyright matter, bona fide intended for the use of educational
institutions and so described in the title and in any advertisement issued by
or on behalf of the publisher, of short passages from published, literary or
dramatic works, not themselves published for the use of educational
institutions, in which copyright subsists:---
Provided that not more than two such passages from works of
the same author are published by the same published during any period of five
years;
Explanation.-
In the case of a work of joint authorship references in this clause to passages
from works shall include references to passages or by any one or more of those
authors in collaboration with any other person;
(h) the reproduction or adaptation of a literary,
dramatic, musical or artistic work:---
(i) in the course and for the sole purpose of
instruction whether at an educational institution or elsewhere where the
reproduction or adaptation is made by a teacher or a pupil otherwise than by
the use of a painting process;
(ii) as part of the questions to be answered in an
examination; or
(iii) in answers to such questions;
(i) the performance, in the course of the activities of
an educational institution, of a literary dramatic or musical work by the staff
and students of the institution, or of a cinematographic work or a record, if
the audience is limited to such staff and students, the parents and guardians
of the students and persons directly connected with the activities of the
institution;
(j) the making of records in respect of any literary,
dramatic or musical work, if:---
(i) records recording the work have previously been
made by or with the license or consent of, the owner of the copyright in the
work; and
(ii) the person making the records has given the
prescribed notice of his intention to make the records, and has paid in the
prescribed manner to the owner of the copyright in the work royalties in
respect of all such records to be made by him, at the rate fixed by the Board
in this behalf:---
Provided that in making the records such person shall not
make any alterations in, or omissions from, the work, unless records recording
the work subject to similar alterations and omissions have been previously made
by, or with the license or consent of the owner of the copyright, or unless
such alterations and omissions are reasonably necessary for the adaptation or
the work to the records in question;
(k) the causing of a recording embodied in a record to
be heard in public utilizing the record,---
(i) at any premises where persons reside, as part of
the amenities provided exclusively or mainly for residents therein, or
(ii) as part of the activities of a club, society or
other organization which is not established or conducted for profit.
(l) the performance of a literary, dramatic or musical
work by an amateur club or society, if the performance is given to a non-paying
audience, or for the benefit of a religious, charitable or educational
institution;
(m) the reproduction in a newspaper, magazine or other
periodical of an article on current economic, political, social or religious
topics, unless the owner of copyright of such article has expressly reserved to
himself the right of such reproduction;
(n) the publication in a newspaper, magazine or other
periodical of a report of a lecture delivered to public;
(o) the making of not more than three copies of a book
(including a pamphlet, sheet of music, map, chart or plan) by or under the
direction of the person in charge of a public library or a non-profit library
available for use by the public free of charge or a library attached to an
educational institution for the use of such library if such book is not
available for sale;
(p) the reproduction, for the purpose of research or
private study or with a view to publication, of an unpublished literary,
dramatic or musical work kept in a library, museum or other institution to
which the public has access:---
Provided that where the identity of the author of any such
work, or in the case of a work of joint authorship, of any of the authors, is
known to the library, museum or other institution, as the case may be, the
provision of this clause shall apply only if such reproduction is made at a
time more than fifty years from the date of the death of the author or, in the
case of a work of joint authorship, from the death of the author whose identity
is known or, if the identity of more authors than whose identity is known or,
if the identity of more authors than one is known, from the death of such one
of those authors who dies last;
(q) the reproduction or publication of,---
(i) any matter which has been published in any official
Gazette, or the report of any committee, commission, council, board or other
like body appointed by the Government unless the reproduction or publication of
such matter or report is prohibited by the Government;
(ii) any judgment or order of a court, tribunal or
other judicial authority, unless the reproduction or publication of such judgment
or order is prohibited by the court, tribunal or other judicial authority, as
the case may be;
(r) the making or publishing of a painting, drawing,
engraving or photograph or an architectural work of art;
(s) the making or publishing of a painting, drawing,
engraving or photograph or a sculpture or other artistic work if such work is
permanently situate in a public place or and premises to which the public has
access;
(t) the inclusion in a cinematographic work of,---
(i) any artistic work permanently situate in a public
place or any premises to which the public has access; or
(ii) any other artistic work, if such inclusion is only
by way of background or is otherwise incidental to the principal matters
represented in the work;
(u) the use by the author of an artistic work, where
the author of such work is not the owner of the copyright therein, of any
mould, cast, sketch, plan, model or study made by him for the purpose of the
work;
Provided
that he does not thereby repeat or imitate the main design of the work;
(v) the making of an object of any description in three
dimensions of an artistic work in two dimensions, if the object would not
appear, to persons who are not experts in relation to objects of that
description to be a reproduction of the artistic work;
(w) the reconstruction of a building or structure in
accordance with the architectural drawings or plans by reference to which the
building or structure was originally constructed:---
Provided
that the original construction was made with the consent and licence of the
owner of the copyrights in such drawing or plans;
(x) in relation to a literary, dramatic or musical work
recorded or reproduced in any cinematographic work, the exhibition of such work
after the expiration of the term of copyright therein:---
Provided
that the provisions of sub-clause (ii) of clause (a), sub-clause (i) of clause
(b) and clauses (f), (g), (m), and (p) shall not apply as respects any act
unless that act is accompanied by an acknowledgment,---
(i) identifying the work by its title or other
description; and
(ii) unless the work is anonymous or the author of the
work has previously agreed or required that no acknowledgment of his name
should be made, also identifying the author.
Explanation.-
For the purposes of clause (a) or clause (b) of this sub-section.
(i) in relation to a literary or dramatic work in
prose, single extract up to four hundred words, or a series of extracts (with
comments interposed) up to a total or eight hundred words with no one extract
exceeding three hundred words; and
(ii) in relation to a literary or dramatic work in
poetry, an extract or extracts up to a total of forty lines and in no case
exceeding one fourth of the whole of any poem may be deemed to be fair dealing
with such work:---
Provided
that in a review of a newly published work, reasonably longer extracts may be
deemed fair dealing with such work.
(2) The provisions of sub-section (1) shall apply to
the doing of any act in relation to the translation of a literary, dramatic or
musical work or the adaptation of a literary, dramatic, musical or artistic
work as they apply in relation to the work itself.
57-A Particulars
to be included in records and video films.---
(1) No person shall publish a record in respect of any
Pakistani work unless the following particulars are displayed on the record and
on any container thereof namely:---
(a) the name and address of the person who has made the
record;
(b) the name and address or the owner of the copyright
in such work, and;
(c) the year of its first publication.
(2) No person shall publish a video film in respect of
any Pakistani work unless the following particulars are displayed in the video
film when exhibited, and on the video cassette or other container thereof,
namely:---
(a) if such work is a cinematographic film required to
be certified for exhibition under the provisions of the Motion Picture
Ordinance, 1979 (XLIII of 1979), a copyright the certificate granted in respect
of such work by the Central Board of film Censors under sub-section (3) of
section 5 of that Ordinance or by any other agency authorized by the Government
for the purpose;
(b) the name and address of the person who has made the
video film and a declaration by him that he has obtained the necessary license
or consent from the owner of copyright in such work for making such video film;
and
(c) the name and address of the owner of the copyright
in such work.
58. Importation
of infringing copies.--- (1) The
Registrar, on application by the owner of copyright in any work or by his duly
authorized agent and on payment of the prescribed fee, may, after making such
inquiry as he deems fit, order that copies made out of Pakistan of the work
which if made in Pakistan would infringe copyright shall not be imported.
(2) Subject to any rules that may be made under this
Ordinance, the Registrar or any person authorized by him in this behalf may
enter any ship, vehicle, dock or premises where any such copies as are referred
to in sub-section(1)may be found and may examine such copies.
(3) All copies to which any order made under
sub-section (1) applies shall be deemed to be goods of which the bringing into Pakistan
CHAPTER XIII
CIVIL REMEDIES
59. Definitions.---
For the purposes of this Chapter, unless the context
otherwise requires, the expression “owner of copyright” shall include:---
(a) an
exclusive licensee;
(b) in
the case of an anonymous or pseudonymous literary, dramatic, musical or
artistic work, the publisher of the work, until the identity of the author or
in the case of an anonymous work of joint authorship or a work of joint
authorship published under names all of which are pseudonyms, the identity of
any of the authors, is disclosed publicly by the author and the publisher or is
otherwise established to the satisfaction of the Board by that author or his
legal representatives.
60. Civil
remedies for infringement of copyright.---
(1) Where copyright in any work has been infringed, the
owner of the copyright shall, except as otherwise provided by this Ordinance,
be entitled to all such remedies by way of injunction, damages, accounts and
otherwise as are or may be conferred by law for the infringement of a right:---
Provided
that if the defendant proves that at the date of the infringement he was not
aware that copyright subsisted in the work and he had reasonable ground for
believing that copyright did not subsist in the work, the plaintiff shall not
be entitled to any remedy other than an injunction in respect of the
infringement and a decree for the whole or part of the profits made by the
defendant by the sale of the infringing copies as the court may in the
circumstances deem reasonable.
(2) Where, in the case of a literary, dramatic, musical
or artistic work, a name purporting to be that of the author or the publisher,
as the case may be, appears on copies of the work as published, or, in the case
of an artistic work, appeared on the work when it was made, the person whose
name so appears or appeared shall, in any proceedings in respect of
infringement of copyright in such work, be presumed, unless the contrary is
proved, to be the author or the publisher of the work, as the case may be.
(3) The costs of all parties in any proceedings in
respect of the infringement of copyright shall be in the discretion of the
court.
61. Protection
of separate rights.--- Subject
to the provisions of this Ordinance, where the several rights comprising the copyright
in any work are owned by different persons, the owner of any such right shall,
to the extent of that right, be entitled to the remedies provided by this
Ordinance and may individually enforce such right by means of any suit, action
or other proceeding without making the owner of any other right a party to such
suit or proceeding.
62. Author's special rights.---
(1) Notwithstanding that the author of work may have
assigned or relinquished the copyright in the work, he shall have the right to
restrain, or claim damages in respect of any distortion, mutilation or other
modification of the said work, or any other action in relation to the said work
which would be prejudicial to his honor or reputation.
(2) The right conferred upon an author of a work by
sub-section (1) may be exercised by the legal representatives of the author.
63. Rights
of owner against persons possessing or dealing with infringing copies.---
All infringing copies of any work in which copyright
subsists, and all plates used or intended to be used for the production of such
infringing copies, shall be 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:---
Provided
that the owner of the copyright shall not be entitled to any remedy in respect
of the conversion of any infringing copies, if the opponent proves:---
(a) that he was not aware that copyright subsisted in
the work and he had reasonable ground for believing that copyright did not
subsist in the work of which such copies are alleged to be infringing copies ;
or
(b) that he has reasonable ground for believing that
such copies or plates do not involve infringement of the copyright in any work.
64. Restriction
on remedies in the case of works of architecture.---
(1) Where the construction of a building or other
structure, which infringes or which if completed, would infringe the copyright
in some other work has been commenced, the owner of the copyright shall not be
entitled to obtain an injunction to restrain the construction of such building
or structure or to order its demolition.
(2) Nothing in section 63 shall apply in respect of the
construction of a building or other structure which infringes or which, if completed,
would infringe the copyright in some other work.
65. Jurisdiction
of court and limitation.--- (1) Every
suit or other civil proceeding regarding infringement of copyright shall be
instituted and tried in the Court of the District Judge:---
Provided that, where the person whose copyright in a
work has been infringed does not intend to institute a suit or proceeding in
the Court of the District Judge, he may, by petition in the prescribed manner,
refer the matter to the Board for decision.
(2) Where a petition as been filed under the proviso to
sub-section (1), the Board, or a Committee consisting of the Chairman and not
less than two members of the Board as the Chairman may appoint, shall consider
the matter, and after giving the parties an opportunity of being heard, pass
such order as it thinks fit.
(3) The decision of the Committee referred to in
sub-section (2) shall be deemed to be the decision of the Board.
(4) Where a matter has been referred to the Board under
the proviso to sub-section (1), no court shall hear, try or entertain any suit
or proceeding relating to that matter.
(5) The decision of the Board shall, subject to the
provisions as to appeal, be final, and shall be executed in the manner provided
in section 79.
66. Offenses
of infringement of copyright or other rights conferred by this Ordinance Any
person who knowingly infringes or abets the infringement of.---
(a) the copyright in a work, or
(b) any other right conferred by this Ordinance, shall
be punishable with imprisonment which may extend to three years, or with fine
which may extend to one hundred thousand rupees or with both 66 (A), 66(B),
66(C), and 66(D).
Explanation.-
Construction of a building or other structure which infringes or which, if
completed, would infringe the copyright in some other work, shall not be
an offence under this section.
66A. Penalty
for publishing collections or compendiums of work which have been
adapted, translated or modified in any manner without the authority of the
owner of the copyright.--- Any
person who knowingly publishes, or causes to be published, a collection or
compendium of works which have been adapted, translated or modified in any
manner without the authority of the owner of the copyright in the original
works, or who fraudulently employs a title which tends to mislead the public or
create confusion with another work published earlier, shall be punishable with
imprisonment which may extend to three years, or with fine which may extend to
one hundred thousand rupees. or with both.
66B. Penalty
for unauthorised reproduction or distribution of counterfeit copies of sound
recording and cinematographic work.--- Any
person who unauthorisedly makes or distributes counterfeit of sound recording
and cinematographic work for the purpose of business, profit or gain shall be
publishable with imprisonment which may extend to three years, or with fine
which may extend to one hundred thousand rupees, or with both.
66C. Penalty
for exploitation and appropriation of recording or audio-visual work intended
for private use.--- Any
person who for the purpose of business, profit or gain, exploits or
appropriates any sound recording or audio-visual work intended for private use,
shall be punishable with imprisonment which may extend to three years, or with
fine which may extend to one hundred thousand rupees, or with both.
66D. Penalty
for making copies or reproduction in excess of those authorised by the
copyright owner or his successor in title.---
Any person who produces or causes to be produced, copies or
reproductions in excess or the number authorised by the copyright owner or his
successor in title shall be punishable with imprisonment which may extend to
three years or with fine which may extend to one hundred thousand rupees or
with both.
67. Possession
of plates for purpose of making infringing copies.--- If any person knowingly makes or has
in his possession any plate for the purpose of making infringing copies of any
work in which copyright subsists, or knowingly and for his private profit
causes any such work to be performed in public without the consent of the owner
of the copyright, he shall be punishable with imprisonment which may extend to
two years, or with fine which may extend to one hundred thousand rupees” or
with both.
68. Penalty
for making false entries in the Register, etc., or producing or tendering false
evidence.--- Any
person who:---
(a) makes or causes to be made a false entry in the
Register of Copyright, or
(b) makes or causes to be made a writing falsely
purporting to be a copy of any entry in the Register, or
(c) produces or tenders or causes to be produced or
tendered as evidence any such entry or writing, knowing the same to be false;
shall be punishable with “imprisonment which may extend to
two years, or with fine which may extend to one hundred thousand rupees” or
with both.
69. Penalty
for making false statements for the purpose of deceiving or influencing any
authority or officer.--- Any
person who,---
(a) with a view to deceiving any authority or officer
in the performance of any of his functions under any of the provisions of this
Ordinance, or
(b) with a view to inducing or influencing the doing or
omission of anything in relation to this Ordinance or any matter thereunder.
makes a false statement or representation knowing the same
to be false, shall be punishable, with “imprisonment which may extend to two
years, or with fine which may extend to one hundred thousand rupees” or with
both.
70. False
attribution or authorship, etc. Whosoever:---
(1) inserts or affixes the name of any person in or on
a work of which that person is not the author, or in or on a reproduction of
such a work, in such a way as to imply that such person is the author of the
work; or
(2) publishes or sells or lets for hire, or by way or
trade offers, exposes for the sale or hire, or by way of trade exhibits in
public a work in or on which the name of a person has been inserted or affixed
in such a way as to imply that such person is the author of the work, or the
publisher of the work, who to his knowledge is not the author or the
publisher, as the case may be, of such work; or
(3) does any of the acts mentioned in clause (2) in
relation to, or distributes, reproductions of a work, being reproduction in or
on which any person's name has been inserted or affixed in such a way as to
imply that such person is the author of the work who to his knowledge is not
the author of such work, or performs in public, or broadcasts the work as being
the work of a particular author, who to his knowledge is not the author of such
work;
shall be punishable with “imprisonment which may extend to
two years, or with fine which may extend to one hundred thousand rupees” or
with both.
70A. Penalty
for contravention of section 57A.--- Any
person who publishes a record or a video film in contravention of the
provisions of section 57A shall be punishable with “imprisonment which may
extend to three years, or with fine which may extend to one hundred thousand
rupees” or with both.
70B. Enhanced
fine in the case of subsequent offences.---
Where any person convicted for an offence punishable under
section 66, 66A, 66B, 66C, 66D, or 70A, is again convicted for the same
offence, the said section shall have effect as if for the words “one hundred
thousand” therein the words “two hundred thousand” were substituted.”
71. Offenses by companies.---
(1) Where any offence under this Ordinance has been
committed by a company, every person who at the time the offence was committed
was in charge of, and was responsible to the company for, the conduct of the
business of the company, as well as the company shall be deemed to be guilty of
such offence and shall be liable to be proceeded against and punished
accordingly:---
Provided
that nothing contained in this sub-section shall render any person liable to
any punishment, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything contained in sub-section
(1), where an offence under this Ordinance has been committed by a company, and
it is proved that offence was committed with the consent or connivance of, or
is attributable to any negligence on the part of, any director, manager,
secretary or other officer of the company, such director, manager, secretary or
other officer shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
Explanation.-
For the purposes of this section:---
(a) “company” means any body corporate and includes a
firm or other association of persons; and
(b) “director” in relation to a firm means a partner in
the firm
72. Cognizance of offence.---
No court inferior to that of a Magistrate of the first class
shall try any offence under this Ordinance.
73. Power of
the court to dispose of infringing copies plates or recordings equipment for
purpose of making infringing copies.--- The
court before which any offence under this Ordinance is tried may, whether the
alleged offender is convicted or not, order that all copies of the work or all
plates or recording equipment in the possession of the alleged offender,
which appear to it to be infringing copies, or plates or recording equipment
used or intended to be used for purpose of making infringing copies, be destroyed
or delivered to the owner of the copyright or otherwise dealt with as the court
may think fit.
74. Power of
police to seize infringing copies.--- (1)
Any police officer, not bellow the rank of Sub-inspector, shall, if he is
satisfied that an offence under Chapter XIV in respect of infringement of
copyright in any work has been , is being, or is likely to be, committed, seize
without warrant all copies of the work and all plates and recording
equipments used for the purposes of making infringed copies of the work,
wherever found, and all copies, plates and recording equipments so seized
shall, as soon as practicable, be produced before a Magistrate.
Provided
that no such copy, plate or recording equipment as is owned by any public
library for a library attached to an educational institution or a non-profit
library available for use by the public free of charge or in the possession of
any person for his bonafide use shall be seized ;and
(2)
Any person having an interest in any copies of a work, plates or recording
equipment seized under sub-section (1) may, within fifteen days of such
seizure, make an application to the Magistrate for such copies plates or
recording equipment being restored to him and the magistrate, after hearing the
applicant and the complainant and making such further inquiry as may be
necessary, shall make such order on the application as he may deem fit.
(3)
“All offence under this Ordinance shall be cognizable and non- bailable.”
74(A). Power
of Magistrate to award compensation for offences under this Chapter (1).---
The Magistrate may, when passing a sentence of fine, direct
that an amount not exceeding fifty per cent of the fine imposed by him
but commensurate with the loss suffered by the party shall be paid as
compensation to the person whose right has been infringed or to the heirs or
legal representatives of such person.
(2)
Payment of any compensation to any person under sub- section (1) shall be
without prejudice to his right to any claim in a suit or other proceeding which
may be instituted, or may be pending in a Court, in relation to the same
matter.
75. Appeals
against certain orders of Magistrate.--- Any
person aggrieve by an order made under section 73, sub-section (2) of section
74 or sub-section (1) of section 74(A) may, within thirty days of the date of
such order, appeal to the court to which appeals from the court making the
order ordinarily lie, and such appellate court may direct that execution of the
order be stayed pending disposal of the appeal.
76. Appeals
against orders of Registrar.--- Any
person aggrieved by any final decision or order of the Registrar may, within
three mouths from the date of this decision or order, appeal to the Board:---
Provided
that the Registrar shall not sit as a member of the Board when the hears an
appeal under this section.
77. Appeals
against orders of the Board.--- (1) any
person aggrieved by any final decision or order of the Board, not being the
decision or order made in an appeal under section 76 may, within three months
from the date of such decision or order, appeal to the High court within whose
jurisdiction the appellant actually and voluntarily resides or carries on
business or personally works for gain:---
Provided
that no such appeal shall lie against a decision of the Board under sub-section
(2) of section 4 and sub-section (2) of section 6.
(2)
In calculating the period of three months provided for an appeal under section
76 and sub-section (1), the time taken in granting a certified copy of the
order or record of the decision appealed against shall be excluded.
78. Registrar
and Board to certain powers of civil court.---
The Registrar and the Board shall have the power of a civil
court when trying a suit under the code of Civil Procedure, 1908, in respect of
the following, namely:---
(a) summoning
and enforcing the attendance of any person and examining him on oath:---
(b) requiring
the discovery and production of any document;
(c) receiving
evidence on affidavits;
(d) issuing
commission for the examination of witnesses or documents;
(e) requisitioning
any public record or copy thereof from any court or office;
(f)
any other matter of procedure which may be prescribed.
Explanation.-
For the purpose of enforcing the attendance of witnesses, the local limits of
the jurisdiction of the registrar or the Board, as the case may be, shall be
the whole of Pakistan
79. Order for
payment of money passed by Registrar or Board to be executable as decree.---
Every order made by the Registrar or the Board under this
ordinance for the payment of any money or by the High Court in any money appeal
against any such order of the Board shall, on a certificate issued by the
Registrar, the Board or the Registrar of High Curt, as the case may be, be
deemed to be a decree of a civil court and shall be executable in the same
manner as a decree of such court.
80. Indemnity.---
No suit or other legal proceeding shall lie against any
person in respect of anything which is in good faith done or intended to be
done in pursuance of this Ordinance.
81. Certain
persons to be public servants.--- Every
officer appointed under this Ordinance and every member of the Board shall be
deemed to be a public servant within the meaning of section 21 of the
Pakistan Penal Code.
82. Powers to make rules.---
(1) The Central Government may, after previous publication,
make rules for carrying out the purposes of this ordinance:-
(2)
In particular and without prejudice to the generality of the foregoing
power, the rules may provide for all or any of the following, namely:---
(a)
the term of office and conditions of service of the Chairman and other members
of the Board;
(b)
the form of complaints and application to be made and the license to be
granted, under this Ordinance ;
(c)
the procedure to be followed in connection with any proceeding before the
Registrar or the Board;
(d)
the manner of determining any royalties payable under this Ordinance , and the
security to be taken for the payment of such royalties;
(e)
the form of Register of Copyrights to be kept under this Ordinance and the
particulars to be entered therein;
(f)
the matters in respect of which the Registrar and the Board shall have
powers of a civil court;
(g)
the fees which may be payable under the Ordinance;
(h)
the regulations of business of the Copyright Office and of all things by this
Ordinance placed under the direction or control of the Registrar.
83. Repeal.--- The Copyright Act, 1914, and
the Copyright Act of 1911 passed by the Parliament of the United Kingdom , as modified in its application
to Pakistan
84. Saving
and transitory provisions.--- (1) Where
any person has, before the commencement of this Ordinance, taken any action
whereby he has incurred any expenditure or liabilities in connection with the
reproduction or performance of a work at a time when such reproduction or
performance any work in a manner which at the time was lawful or for the
purpose of or with a view to the reproduction or performance would, but for the
coming into force of this Ordinance, have been lawful nothing in this section
shall diminish or prejudice any rights or interest arising from or in
connection with such actions which are subsisting and valuable at the
said date unless the person who by virtue of this Ordinance becomes entitled to
restrain such reproduction or performance agrees to pay such compensation as
failing agreement may be determined by the Board.
(2) Copyright
shall not subsist by virtue of this Ordinance in any work in which copyright
did not subsist immediately before the commencement of this Ordinance
under any Act repealed by section 83.
(3) Where
copyright subsist in any work immediately before the commencement of this
Ordinance the rights comprising such copyright shall, as from the date of such
commencement, be the rights specified in section 3 in relation to the class of
works to which such work belongs, and where any new rights are conferred by
that section the owner of such rights shall be:---
(a) in
any case where copyright in the work was wholly assigned before the
commencement of this Ordinance the assignee or his successor-in -interest; and
(b)
in any other case the person who was the first owner of the copyright in the
work under any Act repealed by section 83 or his legal representatives.
(4) Except
as otherwise provided in this Ordinance, where any person was entitled
immediately before the commencement of this Ordinance to copyright in any such
work or any right in such copyright or to any interest in any such
right, he shall continue to be entitled to such right or interest
for the period for which he would have been entitled thereto if this Ordinance
had not come into force.
(5) nothing
contained in this Ordinance shall be deemed to render any act done before its
commencement an infringement of copyright if that act would not otherwise have
constituted such an infringement
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