1. Copyright: Present status and
copyright act
Presented By
S.M.ASHIF
Department of Information Science &
library Management
University of Dhaka
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2. Copyright:
Copyright is a legal concept, enacted by most
governments. A copyright is a law that gives the
owner of a
written document, musical composition, book, pict
ure, or other creative work, the right to decide
what other people can do with it. Copyright laws
make it easier for authors to make money by
selling their works. Because of copyright, a work
can only be copied if the owner of the copyright
gives permission.
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3. Definition of copyright:
According to Eric Miller, “Copyright refers to laws
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that regulate the use of the work of a creator, such as
an artist or author. This includes
copying, distributing, altering and displaying
creative, literary and other types of work. Unless
otherwise stated in a contract, the author or creator of
a work retains the copyright.”
According to Harrods Librarians
Glossary, copyright is, "A procedure whereby the
originator of a piece of intellectual Property
(book, article, piece of music, etc.) acquires a series of
rights over the work created, including
copying, publishing, performing, Broadcasting and
adaptation.”
4. Evolution of copyright:
After the invention of printing that we must seek the
origin of copyright.
The British Statute of Anne 1709, full title "An Act for
the Encouragement of Learning, by vesting the
Copies of Printed Books in the Authors or purchasers
of such Copies, during the Times therein
mentioned", was the first copyright statute. Initially
copyright law only applied to the copying of books.
The Copyright Clause of the United States
Constitution (1787) authorized copyright legislation:
"To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective
Writings and Discoveries."
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5. Evolution of copyright:
The 1886 Berne Convention first established
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recognition of copyrights among sovereign
nations, rather than merely bilaterally.
The UK signed the Berne Convention in 1887 but did
not implement large parts of it until 100 years later
with the passage of the Copyright, Designs and
Patents Act of 1988. The USA did not sign the Berne
Convention until 1989.
The United States and most Latin American countries
instead entered into the Buenos Aires Convention in
1910, which required a copyright notice (such as "all
rights reserved") on the work, and permitted signatory
nations to limit the duration of copyrights to shorter
and renewable terms.
6. Evolution of copyright:
The Universal Copyright Convention was drafted
in 1952 as another less demanding alternative to
the Berne Convention, and ratified by nations
such as the Soviet Union and developing nations.
The regulations of the Berne Convention are
incorporated into the World Trade
Organization's TRIPS agreement (1995).
The 2002 WIPO Copyright Treaty enacted
greater restrictions on the use of technology to
copy works in the nations that ratified it.
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7. Copy rights is related with four kinds of
works:
1.Literary, dramatic and musical works
2.Artistic works
3.Cinematographic works
4.Record
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8. Literary, dramatical & musical
works:
Literary work means literature of every kind and
includes works on humanity, religion, social science
etc.
Dramatic works means
drama, recitation, choreographic work, entertainment
in dumb show, scenic arrangement etc.
Musical work means any combination of melody or
harmony or either printed, reduced to writing or
produce or reproduce.
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9. Artistic work:
a. Painting, sculpture, drawing, engraving on a
photograph
b. An architectural work or art
c. Any other work of artistic craftsmanship
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11. Record:
It means disc, tape or pother device in which
sounds are embodied, so as to the capable of
being reproduced their form.
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12. Bangladesh Copyright Law:
The present copyright law enforce in Bangladesh
has its roots in the British Copyright Act 1911
which was implemented in British India in the year
1914 to protect creative works.
The creative works in Bangladesh (former East
Pakistan) was protected by a Copyright
Ordinance (1962), superseding the British Indian
Copyright Laws of 1914. The Copyright
Ordinance was further amended in 1967 (27th
February) by the government of the day
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13. Bangladesh Copyright Law:
In 1974 the ordinance has been amended and
approved ( Act no. LIV of 1974)
The previous act was cancelled and Bangladesh
copyright ordinance-2000 has been passed on
18th july,2000
Bangladesh copyright ordinance-2000 has been
amended in 18th may 2005 & published as
“Copyright (amendments) Act 2005.”
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14. The major parts of Bangladesh
copyright act:
This law will be enforced in whole Bangladesh
This law describes four kinds of works:
a. Literature, drama, music or arts
b. Cinematography
c. Sound recording &
d. Broadcasting
This law consisting 17 chapters along with 51
pages.
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15. Nature & scope of protection:
To accord copyright, following factors are taken
into consideration The work must not be copied from another work
but must originate from the author.
Two authors independently producing an identical
work will be entitled for copyright in their
respective works.
The emphasis is more on the labor, skill judgment
and capital expended in producing the work.
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16. Nature & scope of protection:
Section 14 and 15 of the Copyright Act, 2000 to
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2005 lay down the broad scope of copyright
protection. A copyright more or less gives the
right to do and authorize the doing of any of the
following acts, namelyTo reproduce the works in material form
To publish the work
To perform the work in public
Right to produce, reproduce, perform, or publish
any translation of the work.
17. Nature & scope of protection:
to communicate the work by broadcast or to
communicate to the public by loud-speaker or any
other similar instrument the broadcast of the work
To make any adaptation of the work
To use the work in cinematography or in a record
To show the work in media
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18. Ownership of Copyright
In case the author is employed by
newspaper, magazine etc. under a contract of
service, the proprietor will be the first owner in the
absence of an agreement to the contrary in the
case of a literary, dramatic or artistic work.
Where a photograph is taken, or a painting or
portrait drawn for a valuable consideration at the
instance of person, such person is the first owner.
In case of Government work, Government shall
be the first owner.
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19. Ownership of Copyright
Where any address or speech is delivered in
public, the person delivering is the first owner and
where it is delivered on behalf of another person
such other person is the first owner.
In case of work made or published by or under
any public undertaking, it shall be the first owner.
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20. Crime & punishment
In case of cinema piracy the accused person and
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the helping person will be punished one to five
years imprisonment along with one to five lac
taka.
If any computer program is pirated then and the
accused person will be punished 6 month to 4
years imprisonment along with one to four lac
taka.
Besides these, any kind of piracy like:
music, audio, video, photograph is punishable
according to Bangladesh copyright ordinance2005.
21. Duration of copyright
Duration of copyright for literature, music, drama
& arts:
The copyright will be valid during the lifetime + 60
years of the owners.
Cinema: Release year +60years.
Sound recording: The year of recording + 60
years.
Photograph: Published year + 60 years.
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22. Duration of copyright
Anonymous writing: published year + 60 years.
During this time if the identity of the writer is
known then the time of the copyright will be the
dearth year + 60 years.
Computer related works: the published year + 60
years.
Broadcasting: the published year + 25 years of
broadcasting and reproduction.
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23. The works which will not be the
violation of copyright
If any parts of literature, music, drama & arts is
used for personal purpose with reference.
Any criticism of literature, music, drama & arts .
Clippings of newspaper, television, drama & arts
can be used with reference.
Judicial report & report related with
literature, music, drama & arts can be
reproduced.
The reproduction of literature, music, drama &
arts for the use in parliament.
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24. The works which will not be the
violation of copyright
The citation of the published literature, drama in
public place.
If the clippings drama & literature is used for
providing education.
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25. The works which will considered as
violence of copyright
Literature used for commercial purpose without
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permission.
Transformation or reproduction of arts without
permission.
Any kind of editing in dramatic works without
permission.
Used of clippings of
newspaper, television, drama & arts without
permission.
Used any kind of clipping, video in
DVD, VCP, CD, CASSET or web form like internet
26. The works which will considered as
violence of copyright
Used or reproduction of creative, research works
or any informative works without permission.
Use sound recording or similar sound without
permission.
Broadcast any program without permission.
Use every intellectual works for profit without
permission.
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27. Copyright Board
The Copyright Act provides for a quasi-judicial
body called the Copyright Board consisting of a
Chairman and two or more, but not exceeding six.
The Chairman of the Board is either a present or
former district judge or a civil servant having the
status of Additional Secretary or a lawyer having
the qualification to become a judge of the High
Court Division.
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28. Copyright library
According to Bangladesh copyright ordinance-
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2005, “Bangladesh National Library” is
considered as the only copyright library in the
country. This laws includesEvery publisher must provide the publication to
the library at his own cost within 2 months.
Every publisher must provide the newspaper &
journals at his own cost .
For violation of the rules the punishment will be
1000 taka.
For cinema the producer must provide a copy to
the film archive.
29. Registration of copyright
The steps for Registration is given bellow:
Application in triplicate with prescribed fees.
To serve notice of concerned application to every
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person who has any interest in the subject matter
of that application.
If the Registrar receives any objection he may
after holding such inquiry as he deems fit, enter
such particulars of work in the register of
copyright, which he considers proper.
Registrar then sends copies of the entries made
in the register to the parties concerned.
30. Copyright law & present Bangladesh
status
Bangladesh copyright ordinance-2000 & 2005(
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amended) is a strict law though it has some
problems like punishment with a small amount of
money. Though it is a strict law but it is
continuously violated in Bangladesh.
Books: Every kind of books are pirated in
Bangladesh, either it is domestic or foreign book.
Cinema: Almost every cinema is pirated in
Bangladesh.
Computer program: Almost every software is
pirated that is found in Bangladesh.
31. Copyright law & present
Bangladesh status
Photograph: Photograph is also being pirated in
Bangladesh
Music: our music industry is facing threat for huge
amount of pirated CD, DVD. Some website also
violate copyright law. Not only that our FM radio
channel also violate copyright law. Restaurant is
violating copyright law also.
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32. Solution
Establish an anti-piracy force and take actions
(including ex officio) against book piracy at
photocopy shops and those who engage in offset
printing and against rampant CD, DVD, CDR, DVD-R and CD-ROM piracy.
Establish a cell within the Bangladeshi Customs
to intercept imports and exports.
Inspect all optical disc plants, collecting
exemplars and closing down plants engaged in
piracy, seizing pirate discs and materials, and
prosecuting owners and managers of pirate
plants.
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33. Solution
Pass and implement an effective optical disc
regulation, including licensing
requirements, mandatory plant visits, exemplar
collection, and use of Source Identification Code
master (LBR) and mold code.
The most important things that, Government
should take initiatives to create awareness
among people.
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If the solution is implemented then we can stop
piracy & recover our image in the world.
34. References
1.Islam, Mezhah-ul, Rahman, Affifa, Book selection
and acquisition of information
resources, Dhaka, Bangladesh.
2.www.Harrods librarians Glossary.
3.www.about.com.
4.www.answer.com.
5.www.moca.org
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