Copyright is an exclusive right conferred by the government on the creator of original literary or artistic works such as books, articles, drawings, photographs, musical compositions, recordings, films, and computer programs.
The copyrights Act, 2000 recognizes the above rights in Bangladesh. The enjoyment of rights does not depend upon any formalities like registration.
Although there are provisions for registration of copyright, it does not differ a work from any unregistered work. Copyright in a work automatically exists as soon as the work comes into existence if the work is original.
Which works can get protection
The Copyright Act, 2000 and Section 15 deals with the works in which the right exist, which states that copyright shall subsist in the following classes of the works-
- Original literary, dramatic, musical, and artistic works;
- Cinematographic films; and
- Sound recording.
In order to be protected, the right must satisfy the following condition except in the case of foreign works-
- The Work is first published in Bangladesh.
- Where the work is first published outside Bangladesh, the author must be a citizen of Bangladesh at the date of publication of the work.
- In the case of unpublished work, the author is on the date of the making of the work a citizen of Bangladesh or domiciled in Bangladesh. But this requirement is not applicable to the work architecture.
- In the case of an architectural work of art, the work is located in Bangladesh.
The terms of Copyright
Section 24 to 32 of the copyright act, 2000 deals with the terms. The term right depends and varies according to the nature of the concerned work.
Section 24 provides that, in case of any literary, dramatic, musical, or artistic work (other than a photograph), when published within the lifetime of the author, the right shall subsist during the lifetime plus sixty years from the year of the death of the author.
In the case of a work of joint authorship, 60 years shall be computed from the year of the death of the author who dies last.
Section 25 specifies the terms of right for posthumous works as 60 years from the date of its publication. Section 26 states that, in the case of a cinematograph film, the right shall subsist until sixty years from the year of its first publication.
Under Section 27, in the case of a sound recording and Photograph, the right shall subsist until sixty years from the year of its first publication. Section 28A of the said Act stipulates that, in the case of computer-related programs, the right shall subsist for sixty years from the year of its first publication.
In the case of a literary, dramatic, musical, or artistic work (other than a photograph), which anonymously or pseudonymously, right shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.
In the case of a work, where a public undertaking is the first owner of the right therein, the right shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published under section 31.
In the case of a work of an international organization to which the provision of section 41 applies, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published under section 32 of the copyright act.
Remedies against the Infringement
An author of a work has three types of remedy in case of infringement of his copyright, i.e. Civil remedy, criminal remedy, and administrative. Civil remedy means to obtain an injunction, damages, or infringement copy by the way of filing suit in the court of District Judge.
Criminal remedy implies initiating criminal proceedings against the person who has committed an offense under the provisions of this act.
Administrative remedy means to seek remedy from the registrar of copyright under section 74 of this act. The act protects both the economic and moral rights of the author.
The economic rights must be exercised within the specified limits, but the moral rights can be exercised even after the expiration of the limitation after the transfer. Section 71 to 74 discusses the infringement of copyright.
Copyright registration and office
Section 55 to 61 of this act deals with the registration of copyright. It is important to note here that the registration of any work is not mandatory for enjoying copyright or for enforcing the copyright in case of violation.
The registration under the copyright act is voluntary. The certificate issued by the registrar constitutes prima-facie evidence of ownership of the right.
The Copyright Act, 2000 in Bangladesh is very emerging and socially secured in author. Now for this fulfillment of this act authors are feel very protective about their works.
The author must have bestowed upon the work, the significant judgment, skill, and labor or capital. It is immaterial whether the work is wise or foolish, accurate or inaccurate, or whether it has any artistic or literary merit or value.