COPYRIGHTS

Copyright registration in Bangladesh

In Bangladesh, the Copyright Office is responsible for maintaining the register of copyrighted works. This includes the registration, transfer, abandonment, and modification of copyrighted works, which should be filed with the Registrar. Copyright serves to protect intellectual property rights, encompassing creations like research, literary works, drama, art, music, audio-video productions, films, photography, software, websites, and broadcasting content. According to the World Intellectual Property Organization (WIPO), intellectual property refers to creations of the mind, such as inventions, literary and artistic works, and commercial symbols, names, images, and designs.

Legal Framework and International Obligations

The Copyright Act, 2000, which governs copyright in Bangladesh, does not make registration compulsory. However, registering copyrights can preemptively resolve potential disputes over intellectual property ownership. As a member of WIPO and the World Trade Organization (WTO), and a signatory of the Berne Convention and the Universal Copyright Convention, Bangladesh adheres to international standards for copyright protection, including those outlined in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The national law incorporates significant provisions from these international agreements, reflecting global standards in copyright protection.

Amendments and Implementation

To align with international norms and enhance the protection of intellectual property, the Copyright Act was amended in 2005. Furthermore, the Copyright Rules 2006 (SRO No-219) were established under section 103 of the Copyright Act to ensure proper implementation and management of copyright laws. These rules provide a robust framework for managing copyrights, including the processes for registration, enforcement, and dispute resolution, thereby strengthening the legal infrastructure for intellectual property rights in Bangladesh. This comprehensive legal approach not only protects creators but also fosters an environment conducive to innovation and creative expression.

What is Copyright?

Copyright is a legal concept that grants exclusive rights to creators of original works, such as literary, artistic, musical, and dramatic creations. It provides creators with the sole authority to reproduce, distribute, perform, display, or license their works, protecting them from unauthorized use by others. Copyright exists automatically upon creation of the work and provides a foundation for the economic and moral rights of creators.

Who can apply?

Registration of copyrights is governed by section 56 of the Copyright Act, 2000.(1) The Registrar may receive an application in the specified form, along with the prescribed fees, from the author, publisher, owner, or any other person interested in the copyright in any work in order to have the work’s details entered into the Register of Copyrights.

(2) The Registrar may, upon receiving an application regarding any work under sub-section (1), make any inquiries he sees fit, enter the details of the work in the Register of Copyrights, and provide the applicant with a certificate of such registration; provided, however, that he determines, for reasons to be documented in writing, that such an entry should not be made with respect to

Who is the owner of Copyright?

Generally speaking, the author is the first owner of the copyright.
Any interest in the copyright may be granted by license, or the copyright owner may assign the copyright. Additionally, licenses may be issued by the Copyright Board.
Although it is not required, copyright registration with the Copyright Office provides prima facie evidence of the information placed in the Register of Copyrights.

What are the Requirements to get copyright protection?

Copyright is essentially the right to honor an author’s production because an author is the one who created an original work. In addition to being unique, the work must meet the following requirements in order to be eligible for copyright:

• If a work is published, it must be published first in Bangladesh; however, if it is published first in another country, the author must be a citizen of Bangladesh or have a place of residence in Bangladesh at the time of publication. Alternatively, if the author is deceased and the work is published after his passing, the author must have a place of residence in Bangladesh at the time of his passing. It is crucial to remember that any work that is concurrently published in Bangladesh and another nation should be regarded as having been originally published in Bangladesh. The work will be deemed to have been published concurrently if there is a difference in days between Bangladeshi publication and publication in any other nation for longer than 30 days or until the government-specified period.
• If the work is unpublished, the author must be a citizen of Bangladesh or have a place of residence in Bangladesh at the time the work is created.

Term of Copyright

Copyright for a work of literature, drama, music, or other creative expression that was published during the author’s lifetime remains in effect for 60 years after the author’s passing.
A cinematographic film, sound recording, picture, computer program, or work produced by the government, a municipal government, or an international organization is protected by copyright for 60 years after the work’s publication.