Introduction
In Pakistan, copyright protection is governed by the provisions of the Copyright Ordinance, 1962 ("the Ordinance") which is modelled on the English Act of 1914. Pakistan is a member of Berne Copyright Union and the Universal Copyright Convention
This Ordinance was amended in 1992 through copyright amendment act.
Significant Clauses and Amendments
Inclusion of computer software, periodicals, video films and all kind of audio-visual works etc:
Copyright protection originally available to literary, dramatic, musical, artistic, cinematographic and architectural works, books, photographs, newspapers, engravings, lectures, records (defined as "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") and sculptures is now extended to computer software, periodicals, video films and all kind of audio-visual works.
Hard Penalties and Better compensation
The Ordinance now provides stiffer penalties for offenders and better compensation to the persons whose rights have been infringed. The manner in which the copyright is breached has also been extended. Entirely new offences have been created through the Amendment Act
Section 37 of the Ordinance has been amended to restrict granting of licences to produce and publish translation of a literary or dramatic work in English, French or Spanish, hence an applicant requesting the grant of licence, upon granting of the licence and payment of prescribed royalty to the author, can produce and publish translation of a literary or dramatic work in any Pakistani language or any language not being English, French or Spanish.
Local and Foreign Work
The Ordinance has distinct provisions for Pakistani and foreign works.
Duration of Copyright:-
The period of copyright of a literary, dramatic, musical or artistic work (other than a photograph) is the life of the author and 50 years thereafter. In the case of a cinematographic work and a photograph, copyright subsists until 50 years from the beginning of the calendar year from publication of the work
Infringement of Copyright:-
The act of copying of work, which is entitled to copyright protection, by any method, either directly or with the aid of a machine or device constitutes an infringement of the copyright in the work. Section 56 of the Ordinance provides that copyright in a work shall be deemed to be infringed in the following cases:-
(a) when any person without the consent of the owner of the copyright or without a licence granted by such owner or the Registrar under the Ordinance or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under the 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 the 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 as 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.
COPYRIGHT FOR COMPUTER PROGRAMMES IN PAKISTAN
In Pakistan, computer programmes are excluded from patent protection under the patent laws. Protection under the copyright laws is the only safeguard available for the computer software industry.
Infringement of Computer Programmes:-
Pursuant to the restrictions imposed under Section 56 of the Ordinance, even the purchasers of computer programmes may not copy, adapt or make copies of adaption of the programmes in connection with their use by themselves or their employees. The unauthorised use of a computer programme in a computer is also infringement of the copyright. Accordingly, if a duplicate of a computer programme is acquired by someone who has no licence to use it, the copyright owner has the right to prevent him using it.
Remedies for Infringement:-
There are two remedies for breach of copyright in Pakistan; civil proceedings and criminal proceedings. Accordingly, a person whose copyright has been infringed is able to sue for damages, claim an injunction, an account of the profits gained by the defendants as a result of the infringement, delivery up of infringing articles etc
Regards,
Owais Moeen
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