What is copyright law in Bangladesh?
In Bangladesh, the law which protects the right of a writer is Copyright Act of 2000. Copyright is a bundle of rights guaranteed to the original author for their literary, artistic or dramatic work, such as books, articles, paintings, photographs, musical compositions, recordings, computer programs etc.
What is Copyright?
Copyright is a legal means of protecting an author’s work. It is a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author. This means whatever content the author created cannot be used or published by anyone else without the consent of the author.
Meaning of copyright
Copyright means inter alia the exclusive right
to reproduce the work
to issue copies of the work to the public
to perform or broadcast the work
to make any translation or adaption of the work (for details see s. 14).
In addition, special moral rights lie with the author (s. 78) as well as a droit de suite (s. 23).
Objects of copyright
According to section 15 copyright subsists in
- literary works
- dramatic works
- musical works
- artistic works (i.e. painting, sculpture, drawing, engraving or a photograph, a work of architecture and any other work of artistic craftsmanship)
- cinematographic films
- sound recordings
Copyright registration in Bangladesh
In Bangladesh, Copyright Office is responsible maintaining the register of copyrighted works. Any application for registration, transfer, abandonment, modification of register should be made to the Registrar.
REGISTRATION
An application for copyright should be supported by the following documents:
- A completed application form
- Treasury chalan
- Copies of the work to be registered
- Transfer deed of work in stamp paper (if applicable)
- Legal paper (Okalat nama) (if a lawyer submits the application form on behalf of the author)
Once the Registrar received any application for copyright, s/he shall serve notice of the concerned application to every person who has any interest in the subject matter of that application. If the Registrar receives any objection s/he may after holding such inquiry as s/he deems fit, enter such particulars of work in the register of copyright, which s/he considers proper.
After registration, the Registrar shall sends copies of the entries made in the register to the parties concerned.
TRANSFER OF COPYRIGHT
Copyright may be assigned, transferred or licensed. The Copyright Office has prescribed form for transfer.
REMEDIES AGAINST INFRINGEMENT
There are three kinds of remedies against infringement of copyright, namely:
CIVIL REMEDIES
The owner of the copyright can bring civil action in which reliefs such as Anton Pillar Order (Search Order) injunction, accounts and damages can be sought. A suit or other civil proceedings relating to infringement of copyright is to be filed in the Court of District Judge, within whose jurisdiction the plaintiff resides or carries on business or where the cause of action arose irrespective of the place of residence or place of business of the defendant
CRIMINAL REMEDIES
Criminal remedies provides for the imprisonment of the accused or imposition of fine or both, seizure of infringing copies etc. Criminal proceedings are available in order to punish the persons who have violated the copyright law.
ADMINISTRATIVE REMEDIES
Administrative remedies consist of moving to the Registrar of copyrights to ban the import of infringing copies into Bangladesh, when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright.