Copyright Law

Copyright is security provided to the authors of “original works of authorship,” including dramatic, musical, literary, artistic and certain other intellectual works. This safety is available to both published and unpublished works. Before we start explaining the criteria, requirements and procedure for copyright registration, it is necessary to understand what copyright actually is? Copyright in legal terms means “the right to control copying”. If you want to secure your artistic work from any kind of threat potential or real and looking for a law firm you are at right place. Our devoted team of consultant and copyright attorneys has vast experience in securing and protecting copyrights, filing applications and registering The copyright law in Pakistan is governed by the Copyright Ordinance 1962 which is modelled on English Act of 1914. The Copyright Rules 9167 has been framed for the proper working of the Ordinance. Significant changes in the ordinance were introduced through the Copyright Act 1992 and the Copyright Ordinance 2000. Copyright protection supports and protects original work of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or communicated, directly or by means of an instrument.

WHAT CAN BE REGISTERED AS A COPYRIGHT?

Copyright is a form of security provided to “original works of authorship” including: Literary Musical Dramatic Calligraphy Artistic Product Packaging This protection is accessible to both distributed and unpublished works. Copyright protection of authorship extend to process, procedure, any idea, concept, principle or discovery, system, method of operation, regardless of the appearance in which it is explained, illustrated, described or embodied. Common law copyright is the legitimate tenet which grants copyright protection dependent on the common law of different jurisdictions. To a limited extent, it depends on the conflict that copyright is a characteristic right and creators are therefore entitled to the same protections anyone would be as to tangible and genuine property. The advocate of this doctrine contended that makers had a perpetual right to control the distribution of their work.

Copyright, may be violated in several ways

By reprinting the whole work exactly; By converting it into a dramatic work; By reprinting verbatim a portion or part of it; By reproducing the whole or part with alternation; By imitating the whole or part under reduced form; By making mechanical plot whereby it may be reproduced; By performing it publicly; and By dealing with copies made or imported.

Know Your Legal Device

We help in making agreements to get a license, copyright registration, protect international copyright and infringement. Though frequently ignored in the business world, copyright is a cheap, yet powerful, legal device. By securing the expression of innovative ideas e.g. computer applications, designs and publication a strategic copyright program make sure continuous success for technology-based enterprises. At BURHAN LAW ASSOCIATES, our attorneys of the respective field have vast experience in helping clients file for copyright protection and guiding them on how to work proactively to identify ownership issues before they come up. We also support them in creating a system for policing and enforcing their copyrights.

COPYRIGHT PROTECTION UNDER COPYRIGHT ORDINANCE 1962

Endurance of Copyright

The period of the copyright is the life of the author and 50 years after the author’s death. In the case of “a joint work prepared by two or more authors who did not work for hire,” lasts for 50 years after the death of the last author. For works made for hire or cinematographic work, copyright support until 50 years from the start of the calendar year from the publication of the work.
Infringement of Copyright
The act of replication of work, which is entitled to copyright protection, by any means, either directly or with the aid of a device or machine constitutes an infringement of the copyright. Section 56 of the Ordinance provides that copyright in a work shall be considered to be infringed in the following cases: A. Any person without the permission of the owner of the copyright or without a license granted by such owner or the Registrar under the Ordinance or in contravention of the conditions of a license so granted or of any condition imposed by a competent authority under the Ordinance: • Does anything the exclusive right to do which is by this Ordinance presented upon the proprietor of the copyright; or • Permits for benefit wherever to be utilized for the execution of the work in public where such execution establishes an encroachment of the copyright in the work except if he didn’t know and had no sensible ground for suspecting, that such execution would be an encroachment of the copyright, or

Infringement of Computer Programs

Restrictions imposed under Section 56 of the Ordinance, the buyers of computer programs may not copy or make copies of the programs by themselves or their employees. The illegal use of a computer program in a computer is also an infringement of the copyright. Similarly, if a duplicate of a computer program is required by someone who has no license to use it, the copyright owner has the right to stop him using it. Section 56 also restricts the rental of computer programs to unauthorized users. Intention to copy computer programs is not an essential ingredient of infringement; nor is it essential that the copying is in the same medium. Thus, a computer program stored on diskettes can be infringed by copying the same on paper or taking a print-out of the same.

Liability for Infringement

Liability of infringement falls upon the person who, without the approval of the owner of the computer program does any of the restricted acts; or authorizes any other individual to do any such demonstrations

Remedies for Infringement

There are two types of remedies for breach of copyright in; criminal proceedings and civil proceedings. A person whose copyright has been infringed can sue for damage; claim an injunction, an account of the profits gained by the defendants as a result of the infringement, delivery up of infringing articles etc. Section 74(3) of the Ordinance addresses all offences under the Ordinance are cognizable and non-bailable. Section 59 provides that an activity might be brought by the original proprietor of the copyright, which, inter alia, incorporate the individual to whom a selective permit has been conceded.

Section 65 gives that each suit or other civil procedures with respect to infringement, at the tact of the applicant, should be instituted and tried in the District Judge Court. Section 66 of the Ordinance, as amended by the Amendment Act, provides that any person who knowingly infringes or abets the infringement of the copyright in a work, or any other right conferred by the Ordinance shall be punishable with imprisonment which may extend to 3 years, or with fine which may extend to one hundred thousand rupees, or with both. Moreover, Section 70B of the Ordinance provides that where any person convicted for an offence punishable under, inter alia, Section 66 is again convicted for the same offence, he shall in such event be imposed with a fine up to rupees two hundred thousand. Recently amended Section 74(1) of the Ordinance now gives additional powers to authorities to seize infringing copies of the work. The section empowers any laenforcement officer, if he is sure that an offence in regard of infringement, in any case, has been, or is likely to be committed, to seize without warrant all duplicate copies of the work and recording instruments which are being used for making of copies, wherever found, and all duplicate copies and recording instruments so seized shall be produced before a Magistrate.

Lahore Office

Main Boulevard Gulberg, Main Market, Lahore, Punjab 54000
Mr. Ahmed Burhan

Faisalabad Office

Burhan Center, 97-99, Gulistan Market Railway Road, Faislabad, Pakistan
Mr. Ahmed Burhan

UK Office

Associate Office (London)
Mr. Ahmed Burhan