1. 1. Copyright: Present status and copyright act Presented By S.M.ASHIF Department of Information Science & library Management University of Dhaka 1
2. 2. Copyright: Copyright is a legal concept, enacted by mostgovernments. 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. 2
3. 3. Definition of copyright: According to Eric Miller, Copyright refers to laws3that 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. 4. Evolution of copyright: After the invention of printing that we must seek theorigin 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." 4
5. 5. Evolution of copyright: The 1886 Berne Convention first established5recognition 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. 6. Evolution of copyright: The Universal Copyright Convention was draftedin 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. 6
7. 7. Copy rights is related with four kinds ofworks: 1.Literary, dramatic and musical works 2.Artistic works 3.Cinematographic works 4.Record7
8. 8. Literary, dramatical & musical works: Literary work means literature of every kind andincludes 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.8
9. 9. Artistic work:a. Painting, sculpture, drawing, engraving on a photograph b. An architectural work or art c. Any other work of artistic craftsmanship 9
10. 10. Cinematographic works: It means any sequence of visual images fixed onmaterials of any description.10
11. 11. Record: It means disc, tape or pother device in whichsounds are embodied, so as to the capable of being reproduced their form.11
12. 12. Bangladesh Copyright Law: The present copyright law enforce in Bangladeshhas 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 12
13. 13. Bangladesh Copyright Law: In 1974 the ordinance has been amended andapproved ( 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. 13
14. 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 51pages. 14
15. 15. Nature & scope of protection: To accord copyright, following factors are takeninto 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. 15
16. 16. Nature & scope of protection: Section 14 and 15 of the Copyright Act, 2000 to 162005 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. 17. Nature & scope of protection: to communicate the work by broadcast or tocommunicate 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 media17
18. 18. Ownership of Copyright In case the author is employed bynewspaper, 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. 18
19. 19. Ownership of Copyright Where any address or speech is delivered inpublic, 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.19
20. 20. Crime & punishment In case of cinema piracy the accused person and20the 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. 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.21
22. 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.22
23. 23. The works which will not be the violation of copyright If any parts of literature, music, drama & arts isused 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. 23
24. 24. The works which will not be the violation of copyright The citation of the published literature, drama inpublic place. If the clippings drama & literature is used for providing education.24
25. 25. The works which will considered as violence of copyright Literature used for commercial purpose without25permission. 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. 26. The works which will considered as violence of copyright Used or reproduction of creative, research worksor 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.26
27. 27. Copyright Board The Copyright Act provides for a quasi-judicialbody 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.27
28. 28. Copyright library According to Bangladesh copyright ordinance- 282005, 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. 29. Registration of copyright The steps for Registration is given bellow: Application in triplicate with prescribed fees. To serve notice of concerned application to every29person 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. 30. Copyright law & present Bangladesh status Bangladesh copyright ordinance-2000 & 2005(30amended) 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. 31. Copyright law & present Bangladesh status Photograph: Photograph is also being pirated inBangladesh 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.31
32. 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. 32
33. 33. Solution Pass and implement an effective optical discregulation, 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.33If the solution is implemented then we can stop piracy & recover our image in the world.
34. 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.org34
35. 35. Any Question?35
36. 36. Thank You36