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Assignment no; 1
Subject; Intellectual property Law
Submitted by ; Ikram UL Haq
R.no; 5562-FSL/LLB/F18
Submitted to; Sir Jameel Hussain Sahab
Summary of the Case;2001 C L C 560
[Lahore] ,Before Maulvi Anwarul Haq, J
Messrs AL-IBLAGH LIMITED, LAHORE through Hafeez-ur-Rehman Ahsan, Managing Director---

Petitioner
Versus
THE COPYRIGHT BOARD, KARACHI and 2 others---Respondents
Facts of the case;In this writ petition filed by Messrs Al-Iblagh Limited through Hafeez-ur-
Rehman Ahsan its Managing Director, it has been stated that one Hafeez-ur-Rehman Ahsan Had been
associated with Jamaat-e-Islam’ Pakistan as ardent subscriber to the thought And mission of late
Maulana Abul Ala Maudoodi. He used to regularly attending the Meeting where late Maulana would
deliver speeches and lectures. He would Tape-record the said speeches and lecture with tacit consent of
late Maulana. In the Lifetime of late Maulana, the said person compiled two books from the record,
thus, Prepared by him, and on his application respondent No.2 registered the Copyright in The said
books; that the said person formed the petitioner company for the said Purpose of carrying on the
mission of reproducing of the speeches of late Maulana Abul Ala Maudoodi as also some other scholars;
that the petitioner filed 11 applications for registration of Copyright in the various Surah of the Holy
Qur'an mentioned in para. 5 of the petition, but the . respondent refused to accord registration vide
order, dated 31-3-1982. An appeal filed against the said order was heard by a Bench of Copyright Board-
comprising 4 members including its Chairman. There was difference of opinion. Two. of the members
allowed the appeal, while the Chairman and remaining members rejected the same. In terms of section
46(2) of the Copyright Ordinance, 1962, the appeal stood dismissed.
Issues ; writ petition was earlier dismissed on 23-2-1983 on the ground that this Court has no
jurisdiction to entertain the same. However, C.A. No.42 of 1983 in favour of petitioner was allowed by
the Supreme Court on 13-1-1985 and it was held that the Lahore High Court has illegally refused to
exercise jurisdiction in this case and sent back the same for decision on merit.
Rules;Copyright Ordinance (XXXIV of 1962)---
----Ss. 2(d), 10 & 46---Constitution of Pakistan (1973), Art.199—Constitutional Petition.
Analysis;1)Learned counsel for the petitioner contends that the late Maulana had no Copyright In
the speeches and lectures delivered by him and as such the said Mr. Hafeez-ur-Rehman shall be deemed
to be the author of the work which comprises of Record prepared by him, . within the meaning of
section 10(1)(c) of the Copyright Ordinance, 1962.
2)Learned counsel for respondent No.3 on the other hand insists that In view of the definition of literary
work in section 2(c)of the said Ordinance, the Speeches and lectures delivered by late Maulana on
religious matter constitutes a Literary work and as such the late Maulana had a copyright and the said
Hafeez-ur-Rehman could not have made record without the consent of late Maulana And otherwise in
the manner prescribed in the said Ordinance and as such he cannot Be considered to be the author of
the said work as defined in section 2(d) of the said Ordinance.
Learned counsel also objects that throughout the petitioner’s case had been That it was said Hafeez-ur-
Rehman Ahsan who had made copies and record of the Speeches and lectures of late Maulana. The
precised contention is that the petitioner Has no locus standi to file the present writ petition.
Findings ; (1) I find that the two learned Members of the Bench hearing appeal mainly relied on the
provisions of said Ordinance where Chairman has made copious reference to the treatise compiled by
some foreign writers on the subject and also some foreign judgments mentioned therein and has held
that holding of copyright in a lecture or speech is possible. Mr. Sultan Rushk, Member has stated that the
law applicable in the country i.e. the said Ordinance, 1962 does not warrant subsistence of such
copyright. Mr. Rashid Latif Member in somewhat detailed opinion, analysed section 10 of the Ordinance
to hold that lecture or speech does not find mention as a work wherein copyright subsists. He has also
sought to distinguish the opinion expressed in the work of the foreign writer relied upon by the Chairman
and has held that the case referred provided for limited audience and not a lecture or speech delivered in
public
(2) After examining the said opinions of the learned Chairman and Members of the Board in the light of
the provisions of said Ordinance, 1962 and also having examined the various judgments referred to in
the opinion of the Chairman, I find that the opinion expressed by Mr. Rashid Latif. Member is in
accordance with law applicable in this country.
Similarly the case of Nicols v. Pitman was also decided in similar circumstance as The said case of Caird
referred to above i.e. it was a lecture delivered to restricted Audience admitted on payment of fee by the
Committee of the College.
(3) There is nothing on record to suggest that a plea was ever raised that the speeches, notes whereof
were taken by Hafeez-ur-Rehman Ahsan or which were recorded on tape by him were not given in public.
In this view of the matter, I do hold that it was said Hafeez-ur-Rehman Ahsan who was the author of the
record.
Conclusion; As a result of the above discussion, I find that the respondent No.1 as also respondent
No.2 acted without lawful authority inasmuch as their ultimate orders are not warranted by the
provisions of said Copyright Ordinance, 1962. This writ petition is accordingly allowed, the impugned
orders are declared to be without lawful authority. The result would be that the application for
registration filed by the petitioner shall be deemed to be pending and shall be disposed of in the light of
the above observations. No order as to costs.

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Assignment no; 1

Subject; Intellectual property Law

Submitted by ; Ikram UL Haq

Submitted to; Sir Jameel Hussain Sahab

Summary of the Case;2001 C L C 560

[Lahore] ,Before Maulvi Anwarul Haq, J

Messrs AL-IBLAGH LIMITED, LAHORE through Hafeez-ur-Rehman Ahsan, Managing Director---

THE COPYRIGHT BOARD, KARACHI and 2 others---Respondents

Rules;Copyright Ordinance (XXXIV of 1962)---

----Ss. 2(d), 10 & 46---Constitution of Pakistan (1973), Art.199—Constitutional Petition.

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