COPYRIGHT IN BANGLADESH FAQS

Copyright Infringement and Fair Use in Bangladesh

Copyright Infringement- Bangladesh

When a person does any of the following acts then the same amounts to copyright infringement under the copyright law of Bangladesh:

• Make unauthorized use of work without the permission of the owner of the copyright.
• Does any act which is an exclusive right of the owner of the Copyright.
• 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.

Note: This will not be applicable if the person was not aware or had no reasonable ground for believing, that such performance would be an infringement of copyright

• Sale / Hire / Sell / lets for Hire, by way of trade displays or offers for sale or hire
• Distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright
• Use the work in trade exhibits in public
• Import infringing copies

Copyright Fair Use- Bangladesh

Bangladesh also provides for Fair Dealing provision under section 72 of the Copyright Act 2000. Among various provision, some of the important fair dealings listed are as under:

• private use, including research.
  • criticism or review,
  • reporting current events in any print media or
  • by broadcast or in a cinematographic film or by means of photographs,
  • reproduction for the purpose of a judicial proceeding or of a report of a judicial proceeding;
  • the reproduction of any literary, dramatic or musical work in a certified copy made or supplied in accordance with any law for the time being in force;
  • the causing of a recording to be heard in public by utilizing it at any premises (except a hotel or similar commercial establishment) where persons reside, as part of the amenities provided exclusively or mainly for residents therein; or as part of the activities of a club, society or other organization which is not established or conducted for profit;
  • 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;
  • the reading or recitation in public of any reasonable extract from a published literary or dramatic work;
  • the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions, the making of sound if made by or with the license or consent of the owner of the right in the work;
  • the reproduction or adaptation of a literary, dramatic, musical or artistic work by a teacher or a pupil in the course and for the sole purpose of instruction; or as part of the questions to be answered in an examination; or in answer to such question.

Copyright in Bangladesh

Copyright Filing and Fees Bangladesh

Copyright Remedies Bangladesh

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Copyright Ownership and Term of Protection in Bangladesh

Copyright Term of Protection Bangladesh

The Copyright Act 2000 provides for the specific period of protection for each category. The below table helps us to understand the term of protection for these works:

S. No.	DETAILS	TERM OF PROTECTION
01.	Generally, for published literary (including computer software), dramatic, musical and artistic works	Lifetime of author + 60 years from next calendar year after the death
02.	Posthumous work	60 years from next calendar year when the work was first published.
03.	Cinematograph films	60 years from next calendar year when the film was first published.
04.	Sound Recording	60 years from next calendar year when the photgraph was first published.
05.	Photographs	60 years from next calendar year when the sound recording was first published
06.	Computer Programme	60 years from next calendar year when the computer programme was first published
07.	Anonymous and Pseudonymous works (except a photograph)	60 years from next calendar year when the work was first published   (If any of the author is know during the period of protection, the term will extend to the lifetime of known author(s) + 60 years from next calendar year after the death of last known author)
08.	Government works, public undertakings and international organisations.	60 years from next calendar year when the work was first published.

Copyright Owner Of Work Bangladesh

Unless there is any agreement to the contrary, in the following circumstance the provided person(s) will be considered as the owner of the work.

Particular	Owner
In course of employment by the employer, under a contract of service or apprenticeship	The Employer
Where photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film is made, for a valuable consideration and on instance of any person	Person at whose instance the work is made.
In the case of a Government work or under direction of local authority	The Government or the local authority
In the case of a work made or first published by or under the direction or control of any public undertaking	The Public Undertaking
In the case of a work of International Organisations (to which the provisions of section 41 of Copyright Act 1957 apply)	International Organization

Exclusive Rights and Special Rights

Copyright enables the owner with, more or less, following exclusive rights:

1. Right to Reproduce
2. Right to Publish
3. Right to Translate
4. Right to make any adaptation of the work.
5. Right to Perform the work in public
6. Right to Broadcast
7. Right to make Cinematograph Film or Sound Recording in respect of the work
8. Right to issue copies in public

The author of the work also has following special rights:

1. Right to claim authorship
2. Right to restrain or claim damages in respect of any distortion, mutilation or other modification of the work, or any other action in relation to the work which would be prejudicial to his honour or reputation.

Copyright in Bangladesh

Copyright Filing and Fees Bangladesh

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Copyright Licenses in Bangladesh

Chapter 09 of the Copyright Act 2000 provides for the provision for licenses. In a gist the licenses covered under the Act are:

1. License by owner (section 48)
2. Compulsory license (section 50 and 51)
3. License to produce and publish translation (section 52)
4. License to reproduce and publish works for certain purposes (section 53)
5. Termination of License granted under the Copyright Act 2000.

By virtue of being the owner of the work, the owner has exclusive rights to exploit his work and therefore the right to license in respect of his work.

Work Withheld from Public – Compulsory License

There can be instances when the owner, during the term of copyright, refuses to republish the work or refuse performance of the work in public and thereby the work is withheld from public; or the owner has refused to communicate the work to public by way of broadcast. In such cases, the applicant who desires the work to be published / performed or communicated by broadcast, can make an application before the Copyright Board and the Copyright Board after giving an opportunity to the owner of the work and after conducting necessary inquiry, and upon satisfaction that the withholding of work is not reasonable or in public interest, then in such case the Board may:

1. Fix the fee to be payed to the owner for license.
2. Other terms and conditions to apply on the license

direct the Registrar to grant license to the applicant(s) who wishes to republish / perform/ communicate by way of broadcast the work withheld from the public.

Unpublished Bangladeshi Work – Compulsory License

The Act also provides for instance where the author/ owner of an unpublished work is deceased or untraceable and an interested party is willing to use such unpublished work. In such cases, the interested party can make an application before the Copyright Board, after taking following necessary steps:

1. Proposal of using such work to be published in one issue of a daily newspaper in the Bengali language and in one issue of a daily newspaper in the English language having circulation in Bangladesh. However, if the application is intended to be moved for translation or adaptation in any language, then circulation must also be made in respective language.
2. The application must be moved in the format prescribed and with the copy of the advertisement published along with requisite fees.

The Board can then after conducting necessary inquiry can direct the Registrar to grant license to applicant/ interested person for using the work. The Board is empowered to decide the amount to be payed as royalty in the account specified, in order to enable the owner/ heir/ executor to claim such amount subsequently.

Similarly, if a work is in public interest and the owner is dead, then the Government may ask the heir/ executors or legal representatives to publish the work in prescribed time. However, if such publications are not made then the Board may allow interested parties to make the publication on payment of royalty determined and on terms and conditions decided.

License under specific circumstances

When a work is first published and

1. 7 years has expired for a work of novel, poetry, drama, music or art or any work relating thereof,
2. 3 years has expired for work of natural science, physical science, mathematics or technology or any work relating thereof,
3. 5 years has expired for work in any other cases.

And copies of such work is not made available in Bangladesh or such copies are not in sale in Bangladesh for a period of 6 months and not available for general public or available at a reasonable price by the owner or heirs or authorized representatives, then an interested person is allowed to make an application before the Copyright Board for obtaining license reproduce and publish such work in printed or analogous forms of reproduction at the price at which an edition of such work is sold or at a lower price for the purposes of systematic instructional activities.

Copyright in Bangladesh

Copyright Filing and Fees Bangladesh

For more information on Copyright Remedies in Bangladesh please write to us at: info@ssrana.com

Copyright Remedies and Offences in Bangladesh

Civil Remedies Available

Owner of the copyright is entitled to following civil remedies:

• Damages / Compensation
• Search Order Injunction
• Accounts of Profit
• Anton Pillar Order

Suit or other civil proceedings can be filed before the Court of District Judge within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such person, any of them actually and voluntarily resides or carries on business or personally works for gain.

Offences

The following acts qualifies as offence:

Offence	Punishment
Wilful infringing or abetting the infringement of the copyright in a work other than in the case of cinematograph film	6 months up to 4 years Or Taka 50,000 up to taka 2,00,000
Wilful infringing or abetting the infringement of the copyright in a cinematograph film	1 year up to 5 years or Taka 1,00,000 up to taka 5,00,000
Infringing the copyright in a work of computer program, publishing it in any medium, selling or distributing it more than one copy;	6 months up to 4 years or Taka 1,00,000 up to taka 4,00,000
Using an infringed copy in computer	6 months up to 3 years or Taka 1,00,000 up to taka 3,00,000
Makes or causes to be made a false entry in the Register of Copyrights;	Up to 2 years   And / or   Up to taka 10,000
Makes or causes to be made a writing falsely purporting to be a copy of any entry in the Register
Produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false
Penalty for making false statements for the purpose of deceiving or influencing any authority	Up to 2 years   And / or   Up to taka 25,000
False attribution of authorship

Administrative Remedies

An application can be made with the Registrar of Copyrights to ban the import of infringing goods into Bangladesh. Administrative action can be taken when infringement happens by way of importation of infringing goods.

Copyright in Bangladesh

Copyright Filing and Fees Bangladesh

For more information on Copyright Remedies in Bangladesh please write to us at: info@ssrana.com

Copyright Objection and Rectification Process in Bangladesh

Copyright Objection- Bangladesh

The applicant of the Copyright application is required to send the copy of the application to all the persons interested in the copyright of the work.

Therefore, when an interested person is made aware of such copyright filing, then within 30 days from the date of filing of the copyright application, an objection against the registration of such copyright application can be filed by such interested person with the Copyright Office.

The objection letter must state the following:

1. Details of the interested party.
2. Application No. and tiles of the work against which objection is filed.
3. Reasons for objection against registration of copyright.
4. Documentary evidence in support of the objection claimed.
5. Other documents/ details as per the objection raised/ required by the Copyright Office.

Copyright Rectification- Bangladesh

Once the copyright is registered and entered in the Register of Copyright, then any aggrieved party may file an application before the Copyright Board requesting expunging of any entry wrongly made or remaining on the Register of Copyright.

The rectification application can be filed before the Copyright Board, either by any aggrieved party or by the Registrar of Copyrights. If the rectification application is allowed, then the said record will be expunged/ removed from the Register of Copyrights.

Copyright in Bangladesh

Copyright Filing and Fees Bangladesh

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Copyright Filing Procedure- Bangladesh

For obtaining copyright registration in Bangladesh, an application must be made as per below requirement:

1. Application to be under Form-2. (Separate application must be made in respect of each work).
2. Copy of the application must be sent to all interested persons.
3. Application must be submitted in triplicate.
4. Document in support of claim of copyright or consent from author in favor of the owner must also be filed. (if applicable)
5. Payment receipt of the duly paid government fee must be submitted.
6. Copy of the work must be submitted.
7. Application for Change in Particular (for work already on the register of copyright) must be made under Form-3.

Copyright Filing Fee- Bangladesh

The details regarding Copyright filing fees in Bangladesh can be accessed at Copyright Registration Fees- Bangladesh.

For more information on Copyright Law in Bangladesh click here.

For more information on Copyright Law in Bangladesh please write to us at: info@ssrana.com

Copyright law in Bangladesh is governed under the Copyright Act 2000. The copyright filing and related matters is administered and managed under the supervision of Registrar of Copyright, Copyright Office. Some important information are as under:

Website: http://www.copyrightoffice.gov.bd/

Copyright Office Address: 32, Justice SM Morshed Sharany, Agargoan Sher-e-Bangla Nagar, Dhaka-1207, Bangladesh

Email id: registrar@copyrightoffice.gov.bd

International Treaties / Agreement compliant

• Berne Convention for the Protection of Literary and Artistic Works
• Universal Copyright Convention (Geneva)
• Universal Copyright Convention (Paris)
• Agreement on Trade-Related Aspects of Intellectual Property Rights

Copyright Categories

The following categories are acceptable for copyright filing in Bangladesh:

1. Literary/ dramatic work
2. Musical work
3. Computer Software
4. Cinematograph Film
5. Artistic Work
6. sound recording

However, under the Copyright Rules 2006, the following additional heads are separately identified:

• Broadcast
• Telecast
• E-mails, website, and other modes of communication including electronics.

Copyright Filing and Fees Bangladesh

For more information on Copyright Law in Bangladesh please write to us at: info@ssrana.com