One of the divisions of intellectual property is copyrights, which covers any music, cinematic works, and artistic works. These copyrights are the sole rights granted to the owner under the copyright law, and in the event that they are violated, the owner may seek legal action or other remedies.
Important Provisions of the Copyright Act of 2000
According to Section 14 of the Act, copyright refers to any right, including the ability to perform or authorise the performance of any of the relevant acts with respect to a work, including a literary, theatrical, or musical work, an artistic creation, a sound recording, and others.
The owner of any original works will receive copyright protection under section 15 of the following Act.
COPYRIGHT REGISTRATION PROCEDURE
The registration seekers should submit a copyright protection application to the Register of the Work for entry into the Register of Copyrights, following the provisions Section 15(2) of the Copyright Act, 2000 and Chapter 2 of the Copyrights Rule, 2006. While some actions must be taken, such as –
Form: According to the First Schedule of the 2000 Act, an application must be submitted on Form II in three copies, and a new application must be submitted for each work that has to be registered.
Fee: The prescribed fee specified in the Second Schedule of the Rules must be submitted with these applications.
- Applications must be signed by the applicant, the applicant’s attorney, or the power of attorney in order to give notice of the application to anybody who could be interested in the topic of the application.
- A certificate of such registration will be given to the applicant if the Register decides to hold an inquiry, following which, if he so chooses, he may put the work’s specifics in the Register of Copyrights.
Timeframe for such Registration: The length of copyright in Bangladesh varies depending on the type of work and whether the creator is a natural person or a legal entity. The term of protection is covered by Sections 24-38 of the following Act, some of which are as follows:
- The terms for literary, musical, theatrical, cinematographic, and photographic works are 60 years from the start of the calendar year that comes after the author’s passing.
- For works created by international organisations, the duration is 60 years from the work’s initial publication.
- For published editions, the term is 25 years after the start of the calendar year immediately after the edition’s initial publication.
The copyright holder is entitled to remedies and may file a lawsuit if the copyright protection provided by the law is violated. The treatments are:
- Civil Recourse: Section 76 of the Copyright Protection Act of 2000 states that the owner has the ability to file a civil lawsuit against anyone and ask for an order of protection, monetary damages, or other relief. A lawsuit or other civil actions involving copyright infringement must be filed in the District Judge Court under section 81 of the following Act. Regardless of the defendant’s residence or place of business, the plaintiff’s place of business, place of residence, or place where the cause of action arose must be within the jurisdiction of the court. It is vital to mention that the civil remedies provided to the plaintiff are compensation for such infringement.
- Criminal Penalties: Sections 82 to 84 of the following Act list some conditions of infringement, such as wilful copyright infringement or aiding and abetting such infringement, publishing a work in any medium, selling or distributing more than one copy, and more.
First off, according to section 80 of the following Act, copyright infringement is a cognizable offence that is punishable by imprisonment for a term ranging from six months to four years as well as a fine between Tk. 50,000 and Tk. 200,000.
Second, Section 93 of the following provides for the seizure of copies that violate the law and the confiscation of any duplicating tools used to create unauthorised copies. However, if the court is convinced that the violation was committed without the aim to profit or for a non-commercial purpose, the court may impose a reduced punishment, such as a fine of less than 50,000 takas and/or a term of imprisonment of less than six months.
Thirdly, on May 18, 2005, the Copyright Act was amended to increase the fine amount in cases of computer programme infringement under section 84 of the subsequent Act. which, if committed for commercial purposes, is now Tk 100,000 at the minimum and Tk 400,000 at the maximum. However, the court may impose a lighter punishment in cases of simple use of the infringing copy or if it is satisfied that it was committed for non-commercial purposes.
- Administrative Remedies: In the event of any violation, the copyright holder may apply to the register. The owner has the right to request a ban on imports or any other relief. If the violation is established, the Register authority may destroy the counterfeit or prohibit the import.