Copyright

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.

Recent Developments:-
One of the most significant developments in relation to the protection of copyright in Pakistan is the recent promulgation of the Copyright (Amendment) Act, 1992 ("the Amendment Act"). 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.

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 which, inter alia, include penalties for publishing collections or compendiums of work (the Ordinance defines "work" to include literary, dramatic, musical, artistic, cinematographic works and a record) which have been adapted, translated or modified in any manner without the authority of the owner of the copyright.

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.

Foreign Authors:-
The Ordinance has distinct provisions for Pakistani and foreign works. Section 6(1) provides that 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 is deemed to be published simultaneously in Pakistan and in another country if the time between the publication in Pakistan and the publication in such country does not exceed thirty days. Section 8 entitles a body corporate to be considered domiciled in Pakistan if it is incorporated under any law in force in Pakistan or it has an established place of business in Pakistan. Although the Ordinance has provisions for granting compulsory licences, nevertheless, such a licence can only be acquired for Pakistani work and no compulsory licence can be granted for any work whose author in not a citizen of Pakistan or whose `record' is not manufactured in Pakistan.

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.

Regards,
Zahra Lalani