Copyright Registration Procedure, Fee & Flowchart
Copyright deals with the protection of the right of intellectual property. It does not have any relation with other materialistic property moveable or immovable. Research, literary works, drama, arts and paintings, music, audio-video production, film, photography, sculpture, recording, software, e-mail, website, and broadcasting of radio and television are considered as major intellectual property in the present-day world. According to the World Intellectual Property Organization (WIPO), ‘Intellectual Property refers to creations of the mind; Inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
Background
Copyright registration has not been made compulsory in the Copyright Act, 2000. It is not also compulsory in other countries. But the copyright registration is a prerequisite to avoid any possible conflict over the ownership of intellectual property. Being a member country of WIPO, World Trade Organisation (WTO), and the signatory at Berne Convention, Universal Copyright Convention, Bangladesh is bound to abide by all conditions of these conventions related to copyright and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The Bangladesh Copyright Act 2000 was enacted incorporating the nationally and globally important provisions of all major international copyright rules. It was further amended in 2005 for updating. Later, the copyright Rules 2006 (SRO No-219) were formulated under section 103 of the Copyright Act to strengthen copyright management through proper implementation of the law.
The Act of 200037 and the Copyrights Rules of 2006 set out the procedure for the registration of a copyrighted work. In order to get copyright registration, the author or publisher of, or the owner of, or another person interested in the copyright in any work can make an application to the Registrar for entering particulars of the work in the Register of Copyrights. The other steps for the registration are as follows:
Application is to be made on Form II in triplicate as prescribed in the First Schedule of the 2000 Act.
A separate application is to be submitted for the registration of each work.
Each application is to be accompanied by the prescribed fee mentioned in the Second Schedule of the Rules.
The applications should be signed by the applicant or the advocate in whose favor a Varkala Nama or Power of Attorney has been executed.
To serve notice of the concerned application to every 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 Copyrights, and issue a certificate of such registration to the applicant. If he refuses to enter, he has to record in writing the reasons of refusal.
Schedule Fee & Cost
Copyright Package Cost
$ 600 /each
Filing to Smooth Registration
Requirements
- Photograph of Applicant
- Declaration of Usefulness of the copyright
- Copies of the work to be registered
- Original POA with Notary
- Original Affidavit with Notary
- In case company: MOA, Business License (Trade License) Tax Identification Certificate
Appointment letter (who did the work for the applicant)
Who can apply for copyright in Bangladesh?
According to section 56 of the Copyright Act, 2000 Registration of copyrights. -(1) The author or publisher of, or the owner of, or other people interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fees to the Registrar for entering particulars of the work in the Register of Copyrights.
(2) On receipt of an application in respect of any work under sub-section (1), the Registrar may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights and issue a certificate of such registration to the applicant unless, for reasons to be recorded in writing, he considers that such entry should not be made in respect of any work.
After receiving the application the Registrar serves notice along with the said application to every person who has any interest in the subject matter of said application. After that, If any objection arises the Registrar holds such as he deems fit.
Terms of Copyright (Duration of Copyright Protection)
Copyright of the creator does not continue for the time of indefinitely.62 The law provides for a period of time or duration, during which the rights of the copyright owner exist and at that time, the owner can exclusively enjoy the right. The duration begins from the date of creation of the work. The duration extends to some period after the death of the author or creator with a view to enabling the author’s or creator’s successors to have economic benefits after his death and safeguarding the investments made in the production and dissemination of his works.
In those countries who are the party to the Berne Convention, and in many other countries except the member of Berne Convention, the duration of copyright provided for by national law is the life of the author and not less than fifty years after the death of the author. In recent years, a tendency has emerged towards lengthening the term of protection.63 In Bangladesh the term of copyright varies according to the nature of the work and whether the author is a natural person or a legal person e.g. a corporation, Government Institution, etc., or whether the work is anonymous or pseudonymous. Sections 24-38 of the 2000 Act deal with the term of protection as follows:
1) in cases of literary, artistic, musical, dramatic works, the term is 60 years from the beginning of the calendar years next following the year in which the author dies (Life + 60 years);
2) in cases of photographs, the term is 60 years from the beginning of the calendar year next following the year in which the photograph is published (60 years from publication);
3) in the case of cinematographic film, the term is 60 years following the year in which the film is published (60 years from publication);
4) in cases of Govt. works, it is 60 years from publication (60 years from publication);
5) in cases of the local authority, the term is 60 years from first publication (60 years from first publication);
6) in the case of sound recordings, it is 60 years from publication (60 years from publications);
7) in the case of works of international organizations, the term is 60 years from 1st publication (60 years from first publication);
8) in the case of broadcasting, the term is 25 years from the beginning of the calendar year next following the year in which the broadcasting is made (25 years from broadcasting);
9) in the case of performance, it is 50 years from the beginning of the year next following the year in which the performance is made (50 years from the first performance is made);
10) in case of published edition (typographical arrangement), the term is 25 years from the beginning of the calendar year next following the year in which the edition is first published (25 years from the first publication);
11) in case of joint authorship of a work, the term will be 60 years from the death of the last surviving author (60 years from the death of the last surviving author).
Apart from the protection of the above-mentioned works, Copyright Act also provides for the protection of broadcast reproduction rights for a term of twenty years from the beginning of the calendar year next following the year in which the broadcast is made75 and protection of performer’s rights, which extends to fifty years from the beginning of the calendar year next following the year in which the performance is made.
What are the objects of Copyright?
Who is the owner of Copyright?
- The owner of copyright work is generally, the person who creates the work, more specifically the author of the work. There can be exceptions to this general principle. Such general recognition and exception are laid down in the Act of 2000.
- If 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 or an engraving or a cinematograph film made for valuable consideration at the instance of a person, such person is the first owner.
- Where any address or speech is delivered in public, the person delivering such address or speech is the first owner of it but another will be the first owner if it is made on behalf of him.
- In case of government work, the government is the first owner.
- In case of a work made or published by or under the direction or the control of any local authority, such authority is the first owner.
- In case of a work made or published to which, the provisions of section 68 of this Act, apply, by or under the direction or the control of any international organization, such organization is the first owner.
- In case of a computer program, the person or persons or institution appointed for creating the program, will be the first owner.