Know Your Rights



Creative Expression and Copyrights

Creative Expression and Copyrights
Published On: 02-Jul-2021
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Copyrights are the protected rights regarding the reproduction of original works, publishing, performing or broadcasting, adaptation either without credit to the artist, licensing or permits, etcetera. Today, Know Your Rights brings you the copyright laws, related legal provisions, and how an artist can use it to protect their work. Pakistan has these laws codified under Copyright Ordinance, 1962, and is a member of Berne Copyright Union; alongside membership of Universal Copyright Convention.

When is your work copyrighted?

The existence of copyright protection is from the moment of the creation of work. The original work of art or authorship immediately lies under the copyrighted property of the creator and becomes the property of the author. The ownership starts at the time of creation and is only given an official name and documentation at the time of registry. When the copyrights are either brought or transferred the label changes but always lies under the name of the original creator one way or another. This gives the entitlement to the author for the rightful claim of their work and their copyright claim becomes valid.

When are you eligible for copyright protection?

The eligibility for the work to be protected under Copyrights Law in Pakistan has three basic requirements. The work should be an original creation, a work of authorship, and must be present in a tangible medium of expression. Similarly, works such as short phrases, titles, slogans, mere variations of typography, listings of contents or ingredients, etcetera can’t be copyrighted. This means if you write a slogan or something aforementioned you can not register it under law.

Copyright infringement or violation involves the theft or illegal use or use without prior notice or permission from the original creator or artist of their original work. This is duplication or stealing an original work. The legal nature of this matter is civil, if potent enough, it’s nature could be changed as criminal. Section 56 of this ordinance provides the consideration of work being infringed. Such as work being used without due royalty, permit, and consent. Using it commercially for sales, displays, trade exhibits etc.

The Copyright Ordinance was amended recently. The Copyright (Amendment) Act, 1992 added more features later under the same law. It originally included any creative expression, literary, dramatic, musical, written, engravings, records, lectures, sounds, cinematography, sculptures, etcetera. After the amendment, the protection was extended to computer software, digital works, audio-visuals, etcetera as well. The tenure of entitlement for protection is 50 years.

Is age a barrier to owning a copyright?

Age is usually not a barrier if someone is getting rightful ownership of their work. The owner of the original work could be 5 years old, or 50 years old. The minors can also hold ownership of their work and claim copyrights as per requirement. One thing which can be different in the case of minors holding copyrights is that the state usually regulates the matters of minors on their behalf. Any dealings of minors' original work may be observed and dealt with by the state; minors' work becomes the responsibility of the state.

What should you do if your copyrights are subjected to infringement?

There are two solutions available in Pakistan under both civil and criminal proceedings. A person whose right has been infringed can claim for damages, injunction, and account for the profits gained by the one who infringed the right. Section 66 of the Ordinance provides that a person who knowingly infringes such rights may be given the punishment of imprisonment up to 3 years or a fine up to 100,000 rupees, or both. If the offense is repeated the fine is doubled for the second and subsequent commitment of the offense.

With the amendment, now the police have been granted power, given under Section 74(1) of this ordinance for seizing of copies of such work and the equipment which may be used to make such copies without a warrant after satisfaction of theft.

Similarly, if a company or an organization is involved in any offense; every person at the time of conduct or in charge is liable to the commitment of this offense. In this case, the whole company is guilty of such offense and will be held liable and dealt accordingly in the proceedings.

The extensive and vivid nature of laws present in Pakistan helps the original creators in many ways. It is the responsibility of the law to protect the original work, getting the authors their due royalties, etcetera. Similarly, we must know how to proceed in case of rights infringement and what remedies are available in the law for the protection of our work.

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