Copyright

Preface:

Copyright law protects the interests of creators including authors, artists, musicians, and software developers by giving them property rights over their creations against those who copy, reproduce, or otherwise take or use the form in which the original work was expressed. There are two types of rights that derive from copyrights such as— economic rights, which allow the owner of rights to derive financial benefit from the use of his works by others, and moral rights which allow the author to take certain actions to preserve the personal link between himself and the work. Copyright protection encourages creators to produce new and original works by providing them with the assurance that they can control and profit from their creations. The basic legal instrument governing copyright law in Bangladesh is the Copyright Act, 2000.

Term of Copyright

Under the copyright law of Bangladesh, depending on the nature of the work, there is a specific period of time for which the copyright is valid. The rights arising to the owner or other beneficiaries from the copyright exist only during this time. The durations are given below:

• Copyright in a literary, dramatic, musical, or artistic work published within the lifetime of the author subsists until 60 years from the beginning of the calendar year following the year in which the author dies.
• Copyright in a cinematographic film subsists until 60 years from the beginning of the calendar year following the publication of the work.
• Copyright in Photographs subsists  until 60 years from the beginning of the calendar year following the year in which the photograph is published (60 years from publication)
• Copyright in a Performance subsists  until 50 years from the beginning of the year following the year in which the performance is made (50 years from the first performance is made)
• Copyright in a Sound Recordings subsists until 60 years from the date of publication.
• Copyright in a Broadcasting subsists  until 25 years from the beginning of the calendar year following the year in which the broadcasting is made (25 years from broadcasting)
• Copyright in Joint authorship of work subsists  until 60 years from the death of last surviving author (60 years from the death of the last surviving author)
• Copyright in a Government work and work of local authorities subsists until 60 years from the date of publication.

Registration Process:

The first step to obtaining a copyright registration in Bangladesh is filing the properly drafted application as per the rules given in the First Schedule of the 2000 Act. The law requires each application to be accompanied by the prescribed fee mentioned in the Second Schedule of the Copyright Rules. In addition to this, the copyright of each singular work requires a separate, corresponding application.  Once the application has been filed, it is thoroughly examined by the Registrar. This is followed by serving a notice regarding the concerned application to every person who is likely to have an interest in the subject matter of the application. Any such individual who has an objection to the registration of the copyright in question has to file a letter of objection with the Copyright Office. If the Registrar receives no objection, he may enter the specifics of the work in the application in the Register of Copyright and issue a certificate of registration to the applicant. If he rejects the application, the Registrar has a duty to record in writing the grounds for such refusal or rejection.

Infringement of Copyright:

In Bangladesh, Copyright infringement is a violation of intellectual property rights, which is governed by the Copyright Act, 2000. Copyright protection in Bangladesh covers a wide range of creative works, including literary, artistic, musical, and dramatic works, as well as computer programs.

Copyright infringement can occur in several ways, including:

• Unauthorized reproduction or distribution of copyrighted works.
• Public performance or display of copyrighted works without permission.
• Creation of derivative works without the copyright holder's consent.
• Importation or distribution of infringing copies of copyrighted works.
• Circumventing technological protection measures on copyrighted content (e.g., DRM removal).

Punishments for copyright infringement in Bangladesh can include:

Civil Remedies:

The copyright holder can file a civil lawsuit against the infringer to seek damages, injunctions to prevent further infringement and the surrender or destruction of infringing copies.

Criminal Penalties:

Under the Copyright Act, of 2000, copyright infringement can lead to criminal charges, and penalties which may include imprisonment and fines, seizures of infringing copies, etc. Other criminal proceedings are also available in order to punish the persons who have violated the copyright law.

Administrative remedies:

The owner can move to the Registrar of Copyrights to ban the import of infringing copies into Bangladesh when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright.