The Copyright Ordinance 1962
The Copyright Ordinance 1962
The Copyright Ordinance 1962
WHAT IS COPYRIGHT?
Copyright is an exclusive right that a creator enjoys over his original, literary,
dramatic, musical, artistic, cinematographic work and record [sec 10]. In other
words, works covered by copyright range from books, music, paintings,
sculpture, and films, to computer programs, databases, advertisements, maps,
and technical drawings.
Copyright protection extends only to expressions, and not to ideas,
procedures, methods of operation or mathematical concepts as such.
Copyright may or may not be available for a number of objects such as titles,
slogans, or logos, depending on whether they contain sufficient authorship.
Broadly speaking, works commonly protected by copyright throughout the
world include:
literary works such as novels, poems, plays, reference works, newspaper
articles;
computer programs, databases;
films, musical compositions, and choreography;
artistic works such as paintings, drawings, photographs, and sculpture;
architecture; and
advertisements, maps, and technical drawings.
Meaning of Copyright: As per the section 3 of this ordinance, copyright means
an exclusive right in respect of:
1. In the case of literary, dramatic or musical work, to do and authorize the
doing of any of the following acts, namely:-
a. to reproduce the work in any material form;
b. to publish the work;
c. to perform the work in public;
d. to produce, reproduce, perform or publish any translation of the
work;
TERM OF COPYRIGHT
Literary, dramatic, musical and artistic works: Copyright shall subsist in any
literary, dramatic, musical and artistic work, except photograph, published
within the lifetime of the author until fifty years from the beginning of the
calendar year next following the year in which the author dies [sec 18]
Posthumous work: In the case of a literary, dramatic or musical work or an
engraving, in which copyright subsists at the date of the death of the author, or
in the case of joint authorship, at or immediately before the date of the death
of the author who dies last, but which or any adaptation of which, had not
been published before that date, copyright shall subsist until fifty years from
the date of publication or adaption, whichever is earlier [sec 19].
Cinematographic works, records and photographs: In the case of
cinematographic work, record or photograph, the copyright shall subsist until
fifty years from such publication [sec 20].
Anonymous and pseudonymous work: In the case of a literary, dramatic,
musical or artistic work (other than photograph) which is published
anonymously or pseudonymously, the copyright shall subsist until fifty years
from publication. However, if the identity of author or incase of joint
authorship, the identity of one or more of the authors is disclosed before
publication, the copyright shall subsist until fifty years from the death of such
author or the author who dies last, respectively.
Work of Government and international organization: In the case of copyright
in government work where the government is the first owner or of an
international organization, the copyright shall subsist until fifty years from the
beginning of calendar year next following the year in which the work was first
published.
Unpublished work: If a work, whose author’s identity is known, is not
published posthumously within fifty years after the death of the author, such
work shall fall into public domain after fifty years from beginning of the
calendar year next following the year in which the author dies.
If a work, whose author’s identity is not known, is not published within fifty
years from its creation, such work shall fall into the public domain after fifty
years from the beginning of the calendar year next following the year in which
the work is created [sec 23].
AHSAN ALI (44/2k18)
LLB (HONS) 3 r d Year (1 s t semester)
GSLC, HYD.
The Copyright Ordinance 1962 Page 8 of 16
2. Not less than three and not more than five other members appointed by
the Federal Government after consultation with the representative
bodies of authors, publishers, cinematography industry and other
interest relating to copyright. However, equal representation shall be
given to the resident of each province;
3. The registrar, ex-officio.
Powers & Procedure of the Board: The board shall have the following powers
and procedure in accordance with section 46:
1. Power to regulate its own procedure including the fixing of places and
times of its sittings;
2. Incase of difference of opinion among the members of the Board in
respect of any matter coming before it for decision, the opinion of the
majority shall prevail; and incase of no majority, the opinion of chairman
shall prevail;
3. The Board may authorize any of its members to exercise any of its
powers u/s 78 and any order made or act done in exercise of any such
power by the so authorized shall be deemed to be the order or act, as
the case maybe, of the Board;
4. No act done or proceeding taken by the Board under this Ordinance shall
be questioned on the ground merely of the existence of any vacancy in,
or defect in the constitution of the Board;
5. No member of the Board shall take part in any proceedings before the
Board in respect of any matter in which he has a personal interest.
manner as the best copies. Whereas, the copy delivered to any other public
library shall be on the paper and in the condition in which largest number of
copies of the book is printed for sale [sec 47].
Delivery of periodicals and newspapers to public libraries: The publisher of
every periodical or newspaper published in Pakistan shall deliver, at his own
expense, one copy of every periodical or newspaper to each of the public
libraries as soon as it is published, subject to the rules under this ordinance and
without prejudice to the provisions contained in section 36 of the Registration
of Printing Press and Publication Ordinance, 1989 [sec 48].
Receipt for books, periodicals and newspapers delivered: The person in-
charge of a public library or any other person authorized by him in this behalf
to whom a copy of a book, periodical or newspaper is delivered under section
47 and 48 shall give to the publisher a receipt in writing thereof [sec 49].
Penalty for contravention: Any publisher who contravenes any of the above
provision or rules shall be punishable with fine which may extent to five
hundred rupees and if the contravention is in respect of a book, or periodical
shall also be punishable with fine equivalent to the value of the book, or
periodical and the Court may direct the whole or part payment of such fine to
concerned public library [sec 50].
Delivery of Books, periodicals and newspapers published by the Government:
The above rules shall also apply to the books, periodicals and newspapers
published by or under the authority of government except those which are
meant for official use only [sec 52].
INFRINGEMENT OF COPYRIGHT
When copyright infringed: Copyright in a work is infringed under the following
circumstances [sec 56]:
1. Unauthorized Use: A copyright in a work shall be deemed to be
infringed when any person without the consent of or license granted by
the owner or the Registrar does anything which is exclusively the right of
owner of copyright or intentionally permits for profit any place to be
used for the performance of the work in public as to constitute
infringement of the copyright.
2. Excessive Use: A copyright in a work shall be deemed to be infringed
when any person uses it in contravention of conditions of a license or
AHSAN ALI (44/2k18)
LLB (HONS) 3 r d Year (1 s t semester)
GSLC, HYD.
The Copyright Ordinance 1962 Page 11 of 16
CIVIL REMEDIES
Civil Remedies for infringement of copyright: If the copyright in any work has
been infringed, the owner of copyright shall, in addition to other remedies, be
entitled to all such remedies by way of injunction, damages, accounts and
otherwise as are or may be conferred by law for the infringement of a right.
However, if defendant proves that at the date of infringement he was not
aware that copyright subsisted or had reasonable ground that copyright did
not subsist in the work, the plaintiff shall only be entitled to the remedy of
injunctions [sec 60].
Special Remedies for Infringement of Copyright: If the owner of copyright in
any work is unable to initiate regular proceedings for infringement of copyright
due to sufficient cause, the Court may, on the application of the owner or any
other person having any interest in the copyright in the work, issue provisional
orders to prevent the infringement of the copyright in such work and for
order after hearing the parties [sec 65 (2)]. The said decision of Board shall be
final and be executed in the manner provided in section 79.
public or creating confusion with another work published earlier [sec 66-
A].
3. Making or distribution of counterfeited sound recording and
cinematographic work for the purpose of business, profit or gain [sec 66-
B].
4. Exploitation or appropriation of any sound recording or audiovisual work
intended for private use [sec 66-C].
5. Production or causing the production of copies, or reproduction in
excess of the number authorized by the owner copyright owner or his
successor-in-title [sec 66-D].
All of the following offences shall be punishable with imprisonment which may
extend to two years or with fine which may extent to one hundred thousand
rupees or with both:
1. Renting out the original or copies of cinematographic works or computer
programs without authority or license of the owner [sec 66-E].
2. Possessing any plate for the purpose of making copies of any work in
which copyright subsists [sec 67].
3. Performance of work in public knowingly and for private profit, without
the consent of the owner of copyright [sec 67].
4. Making or causing to be made a false entry in the Register of copyrights
[sec 68 (a)].
5. Making or causing to be made a writing falsely purporting to be a copy
of any entry in the Register [sec 68 (b)].
6. Producing or tendering, or causing to be produced or tendered as
evidence any false entry or writing knowingly [sec 68 (c)].
7. Making a false statement or representation with a view to deceive any
authority or officer in the performance of his functions [sec 69 (a)].
8. Making a false statement or representation with a view to inducing or
influencing the doing or omission of anything in relation to this
ordinance or any matter there under [sec 69 (b)].
hearing the parties and making such further inquiry as he deems fit [sec 74
(2)].
Power of Magistrate to Award Compensation: The Magistrate may, when
passing a sentence of fine, direct that an amount not exceeding fifty percent of
the fine imposed but commensurate with the loss suffered by the party shall
be paid as compensation to the person whose right has been infringed or to
the heirs or legal representatives of such person. However, such compensation
shall not prejudice a right to any claim in a suit or other proceeding which may
be instituted or is pending [sec 74-A].
APPEALS
Appeals against certain orders of Magistrate: Any person aggrieved by an
order of Magistrate made u/s 73, 74 (2) or 74-A (1) may, within thirty days of
the date of such order, appeal to the Court to which appeals from the court
making the order ordinarily lie and such appellant court may direct that
execution of the order be stayed pending disposal of the appeal [sec 75].
Appeals against orders of Registrar: Any person aggrieved by any final decision
or order of the Registrar may, within three months from the date of decision or
order, appeal to the Board. However, the Registrar shall not sit as a member of
the Board when the Board hears an appeal under this section [sec 76].
Appeals against orders of the Board: Any person aggrieved by any final
decision or order of the Board may, except an order an order or decision made
in an appeal u/s 76, within three months from the date of such decision or
order, appeal to the High Court within whose jurisdiction the appellant actually
resides or carries on business or personally works for gain. No appeal shall lie
against a decision of Board made u/s 4 (2) and 6 (2) [sec 77].