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.
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