The
Copyright Ordinance, 1962
Ordinance No. XXXIV of 1962
An Ordinance to amend and consolidate the
law relating to copyright.
CHAPTER
I
PRELIMINARY
1. Short title,
extend and commencement
(1)
This Ordinance may be called the Copyright Ordinance, 1962.
(2)
It extends to the whole of
(3)
It shall come into force on such date as the Federal Government may,
by notification in the official Gazette, appoint.
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
(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
(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 accoustic 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.
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.
1.
For the purposes of this Ordinance, "publication" means:-
(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
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.
For the purposes of this Ordinance a body corporate shall be deemed
to be domiciled in
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
(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
(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
(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.
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
registrable 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.
(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.
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.
(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.
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 caligraphy.
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
(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
(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
(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.
(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,
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 relised 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.
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
(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
(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
(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
(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
(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
Copyright in a work shall be deemed to be
infringed:-
(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
any infringing copies of the work.
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;
(0) 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 cinematograpic 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
CHAPTER
XIII
CIVIL
REMEDIES
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.
(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.
(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.
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.
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.
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.
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.
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.
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."
(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
No court inferior to that of a Magistrate
of the first class shall try any offence under this Ordinance.
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 orintented
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 practible, 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 restorted
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 compensatin 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