Copyright in Bangladesh

After gaining independence from Pakistan, the state of Bangladesh became a full-fledged participant in international law. On May 11, 1985, the country became a member of the World Intellectual Property Organization . March 3, 1991 Bangladesh acceded to the Paris Convention for the Protection of Industrial Property , and May 4, 1999 to the Berne Convention ^[2] .

Copyright Objects

According to section 15 of the Copyright Act 2000, copyright extends to ^[3] :

• literary works;
• dramatic works;
• musical works;
• works of art (i.e. painting, sculpture, drawing, engraving or photography, works of architecture and any other work of artistic skill);
• cinema films;
• audio recordings;
• computer programs;
• public performance.

Copyright protection covers the expression of ideas, not the ideas themselves, which cannot be protected in any way. Also, rights to works may be exercised only by the copyright holder or by someone else, duly licensed in this regard by the copyright holder. These rights include the right to adapt, reproduce, publish, translate, etc. ^[4]

Copyright Subjects

The first copyright holder is always the author of the work. Exceptions are self-employed or government-sponsored authors. The copyright holder may transfer his copyright ^[5] . When creating a work, it automatically begins to be protected as intellectual property. Copyright registration, as in many other states, is optional. The certificate issued by the copyright registration authority gives the author ^{[6] [4]} . The copyright registration office was created to provide registration of all types of work, it is located in the building of the in Dhaka ^[4] .

In order to obtain copyright in works, the author must show the originality of the work; it does not matter the cultural value, volume, creation costs, etc. - all works are equal before copyright ^[7] .

Copyright Term

Copyright for literary, dramatic, musical or artistic works published during the life of the author extends to the entire life of the author and another 60 years after the death of the author ^[8] .

Copyright for cinema films, sound recordings, photographs and computer programs extends for 60 years from the beginning of the calendar year following the first publication of the work ^[9] .

Importance of Copyright

Copyright means, in particular, the exclusive right to:

1. reproduction of a work;
2. release of a copy of the work for review;
3. performance or broadcast of a work;
4. the possibility of translation or adaptation ^[10] .

In addition, there are special Personal non-property rights of the author ^[11] , as well as the right to follow ^[12] .

Copyright Infringement

In case of copyright infringement, the owner (as well as the exclusive licensee) has the right to certain civil remedies (injunction, damages, bills, etc.) ^[13] . The jurisdiction of the proceedings on the violation of the responsibility lies with the local district court at the place of residence or in the place where the business is carried out ^[14] .

Counterfeit copies are considered the property of the copyright owner ^[15] . Counterfeit copies can also be arrested by the police ^[16] and banned from importation into the country ^[17] . Copyright infringement in Bangladesh may also result in criminal liability ^[18] .

Exceptions

Some articles of the law highlight some exceptions to copyright ^[19] . They include, but are not limited to:

• The fair use of a literary, dramatic, musical or artistic work for private study and use, criticism, commentary or reporting on current events;
• reproduction or adaptation of a literary, dramatic, musical or artistic work by a teacher or student for the purpose of teaching or exam;
• publication of a literary, dramatic or musical work by the staff and students of an educational institution;
• production of up to 3 copies of a book by a non-profit organization or educational library for its use, if such a book is not on sale;
• reproduction or publication of certain public works (if this is not prohibited);
• the manufacture or production of paintings, drawings, prints, photographs of architecture or sculpture, or other artwork, if such work is in a public place.

Related Rights

Related rights include the right to radio broadcasting of broadcasting organizations (term of 25 years) ^[20] , the rights of the performer (term of up to 50 years) ^[21] and the rights of publishers regarding a printing publication (term of 25 years) ^[22] .

• The Copyright Act, 2000 Translation in English . Chancery Law Chronicles (2010). Date of treatment January 16, 2016.
• Md. Milan Hossain. Present Situation of Copyright Protection in Bangladesh // Bangladesh Research Publications Journal. - 2012. - Vol. 7, no. 2 (August). - S. 99-109.