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The Copyright Ordinance, 1962
Ordinance No. XXXIV of 1962
An Ordinance to amend and consolidate
the law relating to copyright.
1. Short title, extent and commencement
(1) This Ordinance may be called
the Copyright Ordinance, 1962.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on such
date as the Federal Government may, by notification in the
official Gazette, appoint.
2. Definitions.
In this Ordinance, unless there is
anything 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 or 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 possesses
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 plate;
(e) "Board" means the Copyright
Board constituted under section 45;
(f) "book" includes every
volume, or division of a volume, and pamphlet, in any language,
and every sheet of music, map, chart or plan, separately
printed or lithographed, but does not include a periodical
or newspaper;
(g) "calendar year" means
the year commencing on the first day of January;
(h) "cinematographic work"
means any sequence of visual images including video films
of every kind, recorded on material of any description (whether
translucent or not), whether silent or accompanied by sound,
which, if shown (played back, exhibited) conveys the sensation
of motion;
(ha) "copy" includes any
material object in which a work is fixed by any method and
from which the work can be perceived, reproduced or otherwise
communicated, either directly or with the aid of a machine
or device;
"(hb) counterfeit copy"
means a copy which is an imitation of another copy and appears
to be, but is not, genuine;
(i) "delivery" in relation
to a lecture, includes delivery by means of any mechanical
instrument or by broadcast or telecast;
(j) "dramatic work" includes
any piece for recitation, choreographic work or entertainment
in dumb show, the scenic arrangement or acting form of which
is fixed in writing or otherwise but does not include a
cinematographic work;
(k) "engravings" include"
etchings, lithographs, woodcuts, prints and other similar
works, not being photographs;
(l) "exclusive license"
means a licence which confers on the licensee or on the
licensee and persons authorized by him, to the exclusion
of all other persons (including the owner of the copyright),
any right comprised in the copyright in a work and "exclusive
licensee" shall be construed accordingly;
(m) "Government work" means
a work which is made or published by or under the direction
or control of-
(i) the Government or any department
of the Government; or
(ii) any court, tribunal or other
judicial or legislative authority in Pakistan;
(n) "infringing copy" means,-
(i) in relation to a literary, dramatic
or artistic work, a reproduction thereof otherwise than
in the form of a cinematographic work;
(ii) in relation to cinematographic
work, a copy of the work or a record embodying the recording
in any part of the sound track associated with the film;
(iii) in relation to a record, any
record, embodying the same recording; and
(iv) in relation to a programme in
which a broadcast reproduction right subsists under section
24, a record recording the programme:
if such reproduction, copy or record
is made or imported in contravention of any of the provision
of this Ordinance;
(o) "lecture" includes
address, speech and sermon;
(p) "literary work" includes
works on humanity, religion, social and physical sciences,
tables "compilations and computer programmes, that
is to say programmes recorded on any disc, tape, perforated
media or other information storage device, which, if fed
into or located in a computer or computer-based equipment
is capable of reproducing any information"
(q) "manuscript" means
the original document embodying the work, whether written
by hand or not;
(r) "musical work" means
any combination of melody and harmony or either of them,
printed, reduced to writing or otherwise graphically produced
or reproduced;
(s) "newspaper" 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 West Pakistan Press and
Publications Ordinance, 1963 (W.P.Ordinance No.XXV of 1963)]
(t) "Pakistani work" means
a literary, dramatic musical or artistic work, the author
of which is a citizen of Pakistan and includes a cinematographic
work or record made or manufactured in Pakistan;
(u) "performance" includes
any mode of visual or acoustic presentation; including any
such presentation by the exhibition of a cinematographic
work, or by means of broadcast or by the use of a record,
or by any other means and, in relation to a lecture, includes
the delivery of such lecture;
(v) "performing rights society"
means a society, association or other body, whether incorporated
or not, which carries on in Pakistan the business of issuing
or granting licences for the performance in Pakistan of
any works in which copyright subsists;
(va) "periodical" includes
a publication with distinctive title intended to appear
in successive numbers or in parts at regular or irregular
intervals and, as a rule, for an indefinite time, each part
generally containing articles by several contributors;
(w) "photograph" includes
photo-lithograph and any work produced by any process analogous
to photography but does not include any part of a cinematographic
work;
(x) "plate" includes any
stereotype or other plate, stone, block, mould, matrix,
transfer, negative, tape, wire, optical film, or other device
used or intended to be used for printing or reproducing
copies of any work, and any matrix or other appliances by
which records for the accoustic presentation of the work
are or are intended to be made;
(y) "prescribed" means
prescribed by rules made under this 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 author or authors; and
(zh) "work of sculpture"
includes casts and models.
3. Meaning of Copyright.
1. For the purpose of this Ordinance,
"copyright" means the exclusive right, by virtue
of, and subject to the provisions of this Ordinance.-
(a) in the case of a literary, dramatic
or musical work, to do and authorize the doing of any of
the following acts, namely:-
(i) to reproduce the work in any
material form;
(ii) to publish the work;
(iii) to perform the work in public;
(iv) to produce, reproduce, perform
or publish any translation of the work;
(v) to use the mark in a cinematographic
work or make a record in respect of the work;
(vi) to broadcast the work, or to
communicate the broadcast of the work to the public by a
loudspeaker or any other similar instrument;
(vii) to make any adaptation of the
work;
(viii) to do in relation to translation
or an adaptation of the work any of the acts specified in
relation to the work in sub-clauses (i) to (vi);
(b) in the case of an artistic work,
to do or authorize the doing of any of the following acts,
namely:-
(i) to reproduce the work in any
material form;
(ii) to publish the work;
(iii) to use the work in a cinematographic
work;
(iv) to show the work in television;
(v) to make any adaptation of the
work;
(vi) to do in relation to an adaptation
of the work any of the acts specified in relation to the
work in sub-clauses (i) to (iv);
(c) in the case of a cinematographic
work, to do or authorize the doing of any of the following
acts, namely:-
(i) to make a 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 track;
(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 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.
4. Meaning of publication.
(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 license or consent of
the owner of the copyright.
6. When work deemed to be first published
in Pakistan.
(1) For the purposes of this Ordinance,
a work published in Pakistan, shall be deemed to be first
published in Pakistan, notwithstanding that it has been
published simultaneously in some other country, unless such
other country provides a shorter term of copyright for such
work; and a work shall be deemed to be published simultaneously
in Pakistan and in another country if the time between the
publication in Pakistan and the publication in such other
country does not exceed thirty days.
(2) If any question arises under
sub-section (1) whether the term of copyright for any work
is shorter in any other country than that provided in respect
of that work under this Ordinance, it shall be referred
to the Board whose decision thereon shall be final.
7. Nationality of author where the
making of unpublished work is extended over considerable
period.
Where in the case of an unpublished
work, the making of the work is extended over a considerable
period, the author of the work shall for the purposes of
this Ordinance, be deemed to be a citizen of, or domiciled
in, the country of which he was a citizen or wherein he
was domiciled during the major part of that period.
8. Domicile of corporations.
For the purposes of this Ordinance,
a body corporate shall be deemed to be domiciled in Pakistan
if it is incorporated under any law in force in Pakistan
or if it has an established place of business in Pakistan.
CHAPTER II
COPYRIGHT, OWNERSHIP OF COPYRIGHT
AND THE RIGHTS OF THE OWNER.
9. No copyright except as provided
in this Ordinance.
No person shall be entitled to copyright
or any similar right in any work, whether published or unpublished,
otherwise than under and in accordance with the provisions
of this Ordinance, or of any other law for the time being
in force, but nothing in this section shall be construed
as abrogating any right or jurisdiction to restrain a breach
of trust or confidence.
10. Works in which copyright subsists.
(1) Subject to the provisions of
this section and to the other provisions of this Ordinance,
copyright shall subsist throughout Pakistan in the following
classes of works, that is to say,-
(a) original, literary, dramatic,
musical and artistic works;
(b) cinematographic works ; and
(c) records.
(2) Copyright shall not subsist in
any work specified in subsection (1), other than a work
to which the provisions of section 53 or section 54 apply,
unless,-
(i) in the case of a published work,
the work is first published in Pakistan, or where the work
is first published outside Pakistan, the author is at the
date of such publication, or in a case where the author
was dead at that date, was at the time of his death, a citizen
of Pakistan or domiciled in Pakistan.
(ii) in the case of an unpublished
work other than an architectural work of art, the author
is at the date of the making of the work a citizen of Pakistan
or domiciled in Pakistan; and
(iii) in the case of an architectural
work of art, the work is located in Pakistan.
[(2A) Copyright shall not subsist
in any work referred to in sub-section (2) as respects its
reprint, translation, adaptation or publication, by or under
the authority of the Federal Government as text-book for
the purposes of teaching, study or research in educational
institutions.]
(3) Copyright shall not subsist,-
(a) in any cinematographic work,
if a substantial part of the work is an infringement of
the copyright in any other work;
(b) in any record made in respect
of a literary, dramatic or musical work, if, in making the
record, copyright in such work has been infringed.
(4) The copyright or the lack of
copyright in a cinematographic work or a record shall not
affect the separate copyright in any work in respect of
which or a substantial part of which, the work, or, as the
case may be, the record is made.
(5) In the case of an architectural
work of art, copyright shall subsist only in the artistic
character and design and shall not extend to the processes
or methods of construction.
11. Work of joint authors.
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.
14. Assignment of copyright.
(1) The owner of the copyright in
an existing work or the prospective owner of the copyright
in a future work may assign to any person the copyright
either wholly or partially and either generally or subject
to limitations and either for the whole term of the copyright
or any part thereof:
Provided that, in the case of the
assignment of copyright in any future work, the assignment
shall take effect only when the work comes into existence:
Provided further that, where the
owner of the copyright in a work is the author of the work,
no assignment of the copyright in the work or of any interest
in such copyright shall be made, or if made shall be effective
(except where the assignment is made in favour of Government
or an educational, charitable, religious or non-profit institution)
for a period of more than ten years beginning from the calendar
year next following the year in which the assignment is
made ; if an assignment of the copyright in a work is made
in contravention of this proviso, the copyright in the work
shall, on the expiry of the period specified in this proviso,
revert to the author (who may re-assign the copyright in
the work subject to the provisions herein contained), or
if the author be dead to his representatives in interest.
Provided further that the copyright
in an unpublished work assigned by its author to any person
or organization for the specific purpose of its publication
shall revert to the author if such work is not published
within a period of three years from the date of its assignment
;
(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 to whom such right has been assigned,
considers any of the terms of the assignment to be likely
to affect his interests adversely, he may within one year
of such assignment apply to the Board to consider such term
and the Board may, after hearing both the parties, pass
such order as it may deem fit; and the order of the Board
shall be binding on both the parties.
(3) In this section, the expression
"assignee" as respects the assignment of the copyright
in any future work includes the legal representatives of
the assignee, if the assignee dies before the work comes
into existence.
15. Mode of assignment :-
No assignment of the copyright in
any work shall be valid unless it is in writing signed by
the assignor or by his duly authorized agent.
16. Transmission of copyright in
manuscript by testamentary disposition .
Where under a bequest a person is
entitled 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, 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 sub-section (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 pseudonym 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 proposes 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 published 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 year 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 organizations,
and the provisions contained in Chapter XII to XVI shall,
within the limits permitted by the nature of the matter,
apply to broadcasting organizations and broadcasts as if
they were authors and works, respectively.
26. Definitions.
(a) "Broadcast" means communication
to the public by any means of radio-diffusion, including
communication by telecast, or by wire, or by both, and "broadcasting"
shall be construed accordingly.
(b) "Rebroadcasting" means
the simultaneous broadcasting by one broadcasting organization
of the broadcast of author broadcasting organization.
(c) "Fixation" means the
incorporation of sounds or images or both in a device by
means of which they can later be made aurally or visually
perceivable.
27. Other rights not affected.
For the removal of doubts, it is
hereby declared that the rights conferred upon broadcasting
organizations shall not affect the copyright in any literary,
dramatic, musical, artistic or cinematographic work, or
in any record used in the broadcast.
CHAPTER V
RIGHTS IN PUBLISHED EDITIONS OF WORKS
28. Protection of typography and
terms of protection.
The publisher of an edition of a
work shall enjoy the right to authorize the making, by any
photographic or similar process, of copies, intended for
sale in commerce, of the typographical arrangement of the
edition, and such right shall subsist until twenty-five
years from the beginning of the calendar year next following
the year in which the edition was first published.
29. Infringements, etc.
Any person who, without the authorization
of the publishers, makes or causes the making of, by any
photographic or similar process, copies, intended for sale
in commerce, of the typographical arrangement of the edition
or any substantial part thereof, shall be deemed to infringe
the rights of the publishers, and the provisions contained
in Chapters XII to XVI shall, within the limits permitted
by the nature of the matter, apply to the publisher and
the typographical arrangements of editions as if they were
authors and works respectively.
Explanation. "Typographical
arrangement" shall include calligraphy.
30. Relations to copyright.
For the removal of doubts, it is
hereby declared that subject to the provisions of sub-section
(2A) of section-10, the right conferred upon publishers
by this Chapter shall -
(a) subsists irrespective of the
question whether the edition is that of a 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 it 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
licences.
(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, charges 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 licences 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
LICENCES
35. Licences 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 licence in writing signed by him or by his duly authorized
agent:
Provided that in the case of a licence
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 licence, be entitled to the benefit
of the licence.
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 is dead or
is unknown or cannot be traced or found and republication
of the work is necessary in the public interest;
(c) 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, or that the owner of the copyright
is dead or is unknown or cannot be traced or found and republication
of the work is necessary in the public interest, 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 broadcast, 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
translations.
(1) Any citizen of Pakistan or a
person domiciled in Pakistan may apply to the Board for
a license to produce and publish a translation of a literary
or dramatic work in any Pakistani language or a language
ordinarily used in Pakistan, not being English, French or
Spanish
(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 this 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 or transferable
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; and
(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 Copyrights 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 sub-section (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 Copyrights 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 particulars ; or
(b) correcting any other error which
may have arisen therein by accidental slip or omission.
(2) The Board, on application of
the Registrar or of any person aggrieved, may order the
rectification of the Register of Copyrights by-
(a) the making of any entry wrongly
omitted to be made in the Register, or
(b) the expunging of any entry wrongly
made in or, remaining on, the Register, or
(c) the correction of any error or
defect in the Register.
42. Register of Copyrights to be
prima facie evidence of particulars entered therein.
(1) The Register of Copyrights and
the indexes shall be prima facie evidence of the particulars
entered therein and documents purporting to be copies of
any entry therein or extracts therefrom certified by the
Registrar and sealed with the seal of the Copyright Office
shall be admissible in evidence in all courts without further
proof of production of the original.
(2) A certificate of registration
of copyright in a work shall be prima facie evidence that
copyright subsists in the work and that the person shown
in the certificate as the owner of the copyright is the
owner of such copyright.
CHAPTER IX
COPYRIGHT OFFICE, REGISTRAR OF COPYRIGHT
AND COPYRIGHT BOARD
43. Copyright Office.
(1) There shall be established for
the purposes of this Ordinance an office to be called the
Copyright Office.
(2) The Copyright Office shall be
under the immediate control of the Registrar of Copyrights
who shall act under the superintendence and direction of
the Central Government.
(3) The Copyright Office shall have
a seal the impression whereof shall be judicially noticed.
43 A. Branch of Copyright Office.
(1) There shall be established for
the purpose of facilitating the registration of copyrights,
a Branch of the Copyright Office at such place in Pakistan
as the Registrar may, with the approval of the Federal Government,
determine.
(2) The Branch Office shall discharge
such functions of the Copyright Office as may be notified
by the Registrar from time to time.
44. Registrar and Deputy Registrars
of Copyrights.
(1) The Central Government shall,
for the purposes of this Ordinance, appoint a Registrar
of Copyrights and may appoint one or more Deputy Registrars
of Copyrights.
(2) The Registrar shall,-
(i) sign all entries made in the
Register of Copyrights kept under this Ordinance;
(ii) sign all certificates of registration
of copyrights and certified copies under the seal of the
Copyright Office;
(iii) exercise the powers conferred
and perform the duties imposed upon him by or under this
Ordinance;
(iv) be the Secretary of the Copyright
Board; and
(v) shall perform such other functions
as may be prescribed.
(3) A Deputy Registrar of Copyrights
shall discharge, under the superintendence and direction
of the Registrar, such functions of the Registrar under
this Ordinance as the Registrar may, from time to time,
assign to him.
(4) The Registrar may, with the approval
of the Federal Government, assign any particular functions
of the Registrar under this Ordinance to officers other
than the Deputy Registrar of Copyrights.
45. Copyright Board.
(1) The Central Government shall
constitute a Board to be called the Copyright Board consisting
of the following members, namely,-
(i) a Chairman appointed by the Central
Government;
(ii) not less than three and not
more than five other members appointed by the Central Government
after consultation with the representative bodies of authors,
publishers, cinematograph industry and any other interest
relating to copyright:
Provided that adequate representation
on the Board shall, as far as possible, be given to the
resident of each Province; and
(iii) the Registrar, ex-officio.
(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 be 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 43 of the West Pakistan
Press and Publications Ordinance, 1963 ( W. P . Ordinance
No. XXX of 1963) , 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 of 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 made, and a copy
of the first or any other edition of which book has been
delivered under this section.
48. Delivery of periodicals and newspapers
to public libraries.
(1)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 Publications 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.
(a) Receipt for books, periodicals
and newspapers delivered.
(2)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 newspaper is delivered under
section 47 or Section 48, shall give to the publisher a
receipt in writing therefor
50. Penalty.
Any publisher who contravenes any
provision of this Chapter or of any rule made there under
shall be punishable with fine which may extend to five hundred
rupees and if the contravention is in respect of a book,
periodical shall also be publishable with fine which shall
be equivalent to the value of the book, or periodical; and
the Court trying the offense may direct that whole or any
part of the fine realised 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 offence under this
Chapter.
(1) No Court shall take cognizance
of any offense punishable under this Chapter save on complaint
made by an officer empowered in this behalf by the Central
Government by a general or special order.
(2) No Court inferior to that of
a Magistrate of the first class shall try any offence punishable
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 Governments
thereof are members.
(2) Where --
(a) any work is made or first published
by or under the direction or control of any organization
to which this section applies; and
(b) there would, apart from this
section, be no copyright in the work in Pakistan at the
time of the making or, as the case may be, of the first
publication thereof; and
(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
(j)under section 13 any copyright
in the work would belong to the organization;
there shall subsist copyright in
the work throughout Pakistan except as respects its reprint,
translation, adaptation or publication, by or under the
authority of the Federal Government, as text-books for the
purposes of teaching, study or research in the 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, and be deemed at
all material times to have had, the legal capacity of a
body corporate for the purpose of holding, dealing with,
and enforcing copyright and in connection with all legal
proceedings relating to copyright.
54. Power to extend copyright to
foreign works.
(1) The Central Government may, by
order published in the official Gazette, direct that all
or any of the provisions of this Ordinance shall apply;-
(a) to works first published in a
foreign country to which the order relates in like manner
as if they were first published within Pakistan;
(b) to unpublished works, or any
class thereof, the authors whereof were at the time of making
of the work, subjects or citizens of a foreign country to
which the order relates, in like manner as if the authors
were citizens of Pakistan;
(c) in respect of domicile in a foreign
country to which the order relates in the like manner as
if such domicile were in Pakistan;
(d) to any work of which the author
was at the date of the first publication thereof, or, in
a case where the author was dead at that date, was at the
time of his death, a subject or citizen of a foreign country
to which the order relates in like manner as if the author
was a citizen of Pakistan at the date of 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, 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 works entitled to copyright under the
provisions of this Ordinance;
(ii) the order may provide that the
provisions of this Ordinance shall apply either generally
or in relation to such classes of works or such classes
of cases as may be specified in the order;
(iii) the order may provide that
the term of copyright in Pakistan shall not exceed that
conferred by the law of the foreign country to which the
order relates;
(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 this Ordinance
or any part thereof shall not apply to works made, or first
published, before the commencement of the order.
55. Power of restrict rights in works
of foreign authors first published in Pakistan.
If it is appears to the Central Government
that a foreign country does not give, or has not undertaken
to give, adequate protection to the works of Pakistani authors,
the Central Government may, by order published in the official
Gazette, direct that such of the Provisions of this Ordinance
as confer copyright on works first published in Pakistan
shall not apply to works, published after the date specified
in the order, the authors whereof are subjects or citizens
of such foreign country and are not domiciled in Pakistan,
and thereupon those provisions shall not apply to such works.
CHAPTER XII
INFRINGEMENT OF COPYRIGHT
56. When copyright infringed.
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 Pakistan, 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
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