What is Copyright?
Copyright is the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material. It is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, allowed for a limited time period.
What is Copyright Registration?
Copyrights protect your work from being replicated by anyone for a specified time period. It is always advisable to get your work registered once you produce that piece of document because it can be used as a proof in court if any dispute arises in future.
Who can be the owner of the copyright?
- The real creator or originator of the content is eligible for the copyright registration
- A person claiming to have obtained the ownership rights from the creator of the original work
- An agent who has been authorized to act on behalf of the aforementioned people
Which kind of work requires Copyright Registration?
Copyright ownership gives the owner the exclusive right to use the work, with some exceptions. When a person creates an original piece of work, fixed in a tangible medium, he or she automatically owns copyright to that work. Many types of works are eligible for copyright protection. Some examples are enlisted below:
- Audiovisual works such as TV shows, movies, vlogs, and online videos
- Sound recordings and musical compositions
- Written works, such as lectures, articles, books, and musical compositions
- Visual works, such as paintings, posters, and advertisements
- Video games and computer software
- Dramatic works, such as plays and musicals, tableaus.
Usage of copyright protected work without infringing:
In some circumstances, it is possible to use a copyright-protected work without infringing the owner’s copyright. It is important to note that your content can be removed in response to a claim of copyright infringement, even if you have:
- Given credit to the originator or copyright owner
- Refrained from monetizing the infringing content
- Charged for a copy of the content in question
- Noticed similar content that appear elsewhere on the internet
- Purchased the content including a hard or soft copy of the work
- Recorded the content yourself from TV, a movie theater, or the radio
- Copied the content yourself from a textbook, a movie poster or a picture
- Stated that “no copyright infringement is intended”
Our procedure of copyright registration in Pakistan:
The creator intrigued by copyright in any work may make an application in endorsed structure joined by the recommended expense to the Registrar for entering points of interest of the work in Register of Copyrights. For each work separate application must be recorded by the candidate. For enlistment of copyright the accompanying archives are required to be submitted to the Registrar of Copyrights:
FILING THE APPLICATION:
Application for Registration in triplicate in Form-II. The individual applying for enlistment will at the same time send a duplicate of the application to each other individual that might be influenced and inspired by the copyright of the work. All application for enlistment must be joined by Statement of Particulars. This announcement will be submitted in triplicate. Notwithstanding the Statement of Particulars, a Statement of Further Particulars in triplicate is additionally required to be submitted for the enlistment of Literary, Dramatic, Musical and Artistic works. Two duplicates of the original work need to be copyrighted.
Where expert administrations are contracted to make a work to be copyrighted, sworn statement of that expert will be submitted alongside the application expressing that he doesn’t have any privilege or guarantee with respect to the work to be copyrighted. Enlistment charge will be paid by Demand Draft made out for DG IPO. For the enlistment of aesthetic work, candidate will put a notice in the paper and submits two duplicates of this commercial to the recorder copyrights. Ad ought to be set in the endorsed organization as given in the Copyright Rules.
On receipt of application, the Registrar shall enter the particulars of the work in the Register of Copyrights and issue a certificate of such registration to the applicant unless, for reason to be recorded in writing, he considers that such entry should not be made in respect of any work. A certificate of registration of copyright in a work shall be prima facie evidence that copyrights subsists in the work and that the person shown in the certificate as the owner of the copyright is the owner of such copyright.
When we talk about Pakistan, copyright protection is governed by the provisions of the Copyright Ordinance, 1962 (“the Ordinance”) which is written on the English Act of 1914. The act of copying of work, which is entitled to copyright protection either directly or indirectly such as with the aid of a machine or device, constitutes an infringement of the copyright in the work and strict legal action can be taken by the originator in this regard.
Benefits of copyright registration in Pakistan:
Once a copyright is registered, the owner receives the following main benefits:
- It creates a presumption of ownership, which is valuable when enforcing the copyrights in litigation.
- It enables copyright holders to sue infringers in federal court.
- If the registration is made before or within 5 years of publication, it establishes sufficient evidence in court concerning the validity of the copyright and the facts stated in the copyright certificate.