The basic legal instrument governing copyright law in Pakistan is the Copyright Ordinance, 1962[1] as amended by the Copyright (Amendment) Ordinance, 2000.[2]
According to section 10 copyright subsists in
and includes compilations (s. 3 subs. 3).
Foreign works are covered by section 54 read with the International Copyright Order, 1968.[4]
The first owner of copyright in general is the author (exceptions: works for hire, Government works; s. 13). The owner of copyright may assign the copyright (s. 14) or grant any interest in the copyright by license (s. 35). Licenses may also be granted by the Copyright Board to republish a work withheld from the public (s. 36).
Registration of copyright with the Copyright Office is not obligatory, but if registration has taken place the Register of Copyrights gives prima facie evidence of the particulars entered therein (s. 42).
Copyright in a literary, dramatic, musical or artistic work published within the lifetime of the author subsists until 50 years from the beginning of the calendar year next following the year in which the author dies (p.m.a.; s. 18).
Copyright in a cinematographic work, a record or a photograph subsists until 50 years from the beginning of the calendar year next following the publication of the work (s. 20).
If a work is not published within 50 years after the death of the author or, the author being unknown, within 50 years after its creation, it falls into the public domain (s. 23)
Copyright means inter alia the exclusive right
When an author assigns the rights in the intellectual property, he does not assign his moral rights (s. 62).[5]
When copyright is infringed (s. 56), the owner of copyright (as well as the exclusive licensee) is entitled to certain civil remedies (injunction, damages, accounts; s. 60), either before the Court of the District Judge or the Copyright Board (s. 65; cf. ss. 46, 78).If the owner of the copyright is unable to institute immediate regular legal proceedings the owner or any other person having an interest in the copyright in the work may apply for immediate provisional orders (s. 60A).
Infringing copies are deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof (s. 63). Infringing copies may not be imported or exported (s. 65A) and may be seized by the police (s. 73).
Copyright infringement may also lead to criminal charges (ss. 66 to 71) to be tried by no court inferior to that of a Magistrate of the first class (s. 72). The Federal Investigation Agency can take cognizance of such cases where violation of some Government work is involved.[6]
Certain acts are said not to constitute an infringement of copyright (s. 57). These include inter alia
the making or publishing of a painting, drawing, engraving or photograph of an architectural work of art (cl. r) or a sculpture or other artistic work if such work is permanently situated in a public place (cl. s)
Related rights include the rights of performers and producers of phonograms (s. 24A; term: 50 years), of broadcasting organizations (s. 24; term: 25 years) and of publishers relating to the typographical arrangement of their editions (s. 28; term: 25 years).
Copyright protection in Pakistan is a major economic, political and diplomatic issue.
In a country like Pakistan where laws are very difficult to implement, copyright infringement has always been a concern, and the country has been on the Special 301 Watch List since 1989.
Pakistan updated its copyright law with amendments in 1992.[7] However, no significant progress against pervasive copyright piracy was made until 1994, when raids against video piracy began. The International Intellectual Property Alliance recommended last year that Pakistan remain on the Watch List, and USTR agreed, while noting "greater efforts to combat copyright piracy".
| Head | Loss | |
|---|---|---|
| Motion Pictures: | $10 million | |
| Sound Recordings and Musical Compositions: | $5.0 million | |
| Computer Programs: | $50 Millions | |
| Business Software: | N/A | |
| Entertainment Software: | N/A | |
| Books: | $30.0 million | |
| TOTAL LOSSES | $45.0+ million |