Reglas sobre Derechos de Autor (Codificación) de 1967 (modificados hasta el 24 de abril de 1983), Bangladesh

( AS MODIFIED UP TO 24TH APRIL, 1983)

hINTED BY TBB MANAGEll, GoVERNMENT PllINTING Puss, TBJGAON,· ~ 1983.

S. R. O. 1005 (K) /67 : Islamabad, the 23rd May, 1967

In exercise of the powers conferred by section 82 of the Copyright Ordinance. 1962 (XXXIV of 1962). the Central Government is pleased to. make th~ following rules, the same having been previously published as required byeub-section (1) ofthe said secdon, namely:

OHAPTER I,---.;PltELIM1NAllY

1. Short tide and commencement.-(1) These rules may bo called the 00"right Rules, 1967.

(2) These shall come into foree at once.

2. Definitions.-ln these rules, unless there is anything repugnant in tae subject or context,

(a)

"Form" means a Cormset out in the First Schedules

(b)

"Ordinance" means the Copyright Ordinance, 1962 (XXXIV of 1962) ;

(c)uR.egister" means the Register of Copyright; (~. "Schedule" means a schedule ·annexed to theseruWsj and

(e) "Section" means a section of theOrdinance.

CHAPTER H.-REGISTRATION OF·COPYlUGHT

3. Register.-[(l) The Register shall be kept in five parts as follows:Part I-Literary, Dramatic and Musical works. Part II-Artistic works. Part lfiI-Oinematographic w{)rks. l'art IV-B.ee&rds.

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'Pa11 V-Broadoasts]l

(2) .1'he Itegister shall contain )he particulars specified in Porrn I•

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1Subs.by saoNo. 143·L183d\,2+-4-$3.

4. Application for Registration of Copyrlght.-(l) Every application tot registration of copyright shall be made in triplicate in Form II and every application for registration of changes in the particulars of copyright entered in the Register shall be made in triplicate in Form III.

1. _I (2) Every application for registration shall be in respect of one work only and shall be accompanied by a copy of the work and the fee sJ>ecifled in the Second Schedule.
2. _I (3) The person applying for registration shall simultaneously send a copy of the application to every other person interested in the copyright of the work.
3. Ifno objection to such registration is received by the Registrar within thirty days of the receipt of the application by him, he shall, if satisfied about the-correctness of the particulars given in the application, enter such

particulars in the Register.

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(5) If-the Registrar receives any objections for such registration within the time specified in sub-rule(4), or, if he is not satisfied about the correctness of the particulars givenin the application, he may, after holding such inquiry as he deems fit, enter such particulars of the work in the Registar as he considers

'proper. '

(6') The Registrar shall, as soon as may be, send, wherever practicable, a CiOpy 'of the entries made in the Register to the parties concerned.

5.: Correction of entries in the Register.-The Registrar may, on his own motion-or on application of any interested person, amend or alter the Register for the' purposes specifled in section 41 after giving, wherever practicable, to the person affected by such amendment or alteration, an opportunity of being heard against such amendment or alteration and communicate to such personthe amendment or alteration so made,

6. Inl1exes.-(l) There shall be kept at the Copyright Office the folJowina indexes for each part of the Register, na1I1ely:

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(a)

a general Author Index;

(b)

a general Title Index;

(c)

an Author Index of works in each language; and

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(d)

a Title Index of works in each language.

(2)

Everyindex shall be arranged alphabetically in the form of cards.

7. Inspection of the Register and Indexes.-Any person .shall be entitled to take-copies of, or make extracts from tho Register or indexes on payment of the fee Specified in the Second Schedule subject to such supervisioDas the Registrar may arrange.

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(2) The RegiS1:r~r, shall, on an application made in that bebalfattd on payment of the fee-specified in the Second Schedule, furnish ~ certified. toP)of anr entries made in the Register and i.ndexes. . ,"

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-CHAP tER tn.-LICENCES FOR 'tRANSLATIONS

8. AppUcation for licence.-{l) An application for a licence under section
37 to -produce and publish a translation of a.literary-or dramatic-workiD.aDy
language in Bangladesh or a -language ordinarily used in Bangladesh shall
be made to the Board in tripIic.ate in Form IV and shall be accompanied by
the fee prescribed in the Second Schedule.

(2)

Every such application shall be in respect of one work only for transla
tion of that work into one language only.

(3)

When any such application has been made the Board shall, as soon
as possible, give notice of the applica-tion in the official gazette and also, if
the, Bcard.thinks.fln.ra.one or two newspapers.and-shall.send-a-eGpy .(}f,the
notice to the owner of the copyright, wherever practicable.

(4)

Every such notice shall contain the following particulars, namely :

(a)

the date of the application ;

(b)

the name, address and nationality of the applicant;

(c)

particulars of the work which is to be translated:

(d)

the date and country of the first publication of the work;

(e)

the name, address and nationality of the owner of the copyright;

(f)

the language in which 'the work is to be translated; and

(g)

the Registration number of the work in the Register, if any.

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9. Consideration of the application.-(J) The Board shall consider the
application after the expiry of not less than one hundred and twenty day, -,
from the date of the publication of the notice in the official Gazette. ,

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(2)

The Board shall give an opportunity to the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, to be heard and-may take such evidence in respect of the application as it thinks fit.

(S)

If more than one application for translation of the work in the same language is pending before the Board at the expiry of one hundred and twenty days after the publication of the ncuce in the official gazette, all such application shall be considered together•

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(4)

If the Board is satisfied that the licence for a translation of the worle in the language applied for may be granted to the applicant, or, if there, are, more, applicaticns. than. one.. to .such. one. @f, the.applicants.as.da the QpiniQnofthe.Board. wouldbestserve the interest-of-the general, public, l-Ci it may direct the Registrar to grant a licence in Form VII.

(5)

Every such licence shall be subject to the condition provided in

sub-section (4) of section 37 relating to the payment of royalties and sha.1l specify-' .

(a)

the period within which the translation shall be produced and published -.

(b)

the ~. ia whia tile translation shaH: bet produced and published ;

(0)

the rate. at which royalties in respect of the copies of the t~slatioa of the work sold to the public shall be paid to the owner of the copyright in the work; and

(d)

the person or persons to whom such royalties shall be payable.

(6)

The grant of every such licence shalt, as soon as possible, be notified in the official gazette and in the newspapers, if any, in which the notice under. rule (~) was published and the other parties, shall be informed about the grant of the licence.

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to. Manner of determining royaltics.~The Board shall determine the royalties payable to the owner of the copyright under sub-section (4) of section 37, after taking into consideration.e-.

(a)

the proposed retail price of a copy of the translation of the work;

(h)

the prevailing standards of royalties in regard to translation of works; and

(e)

such other matters as may be considered relevant by the Board.

It. Extensi(m of the period of lIeence.-The Board may, on the application. of the Iicensee, and aften notice to theowner of the copyright, wherever practicable, if'it is satisfied that the licensee was, for sufficient reasons, unable to produce and publjsh the translation within the period specified in the licence, extend such period.

12. CanceUation of licence.-The Board may, after giving tile licensee an· opportunity of being heard, cancel the licence on any of the·following grounds; namely ;-.

(a)

that the licensee has failed to produce and publish the translation within the time epecified In the licence or within the time extended on the application of the licensee;

(b)

that the licence was obtained by fraud cr misrepresentation as to any essential fact;

(e)

th.at the licensee has contravened any of the terms and conditions of the licence.

CHAPTER IV.-MAKING OF RECORDS

11 Making ofrecords.-(l) Any person intending to make records under clause(j) of sub-section (1) of section 57 shall give notice of such intention to the-owner of the copyright and to the Board at least sixty days in advance of the making of the records' atld: shall, before making the record.". pay to the. owner of the Copyright, the amount of' royalties due ill respect of all such recordsto be made at the rate fixed:by the Board in this behalf.

(2)

Such notiee shall contain the following Information, namely:

(a)

the partwul~rI of tho work in r'$gect of which re.co.rd~af(~to be made;

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(b)

alterations and omISStOnS, if any, which are proposed to be made for the adaptation of the work to the records;

(c)

the name, address and nationality of the owner of the copyright in the work;

{d) particulars of the records made previously recording the-work ;

(e) the number ofrecords intended to be made.

CHAPTER V.-PERFOMING RIGHTS SOCIETIES

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14. Publication of statement of fees etc.-(l) Every performing rights society having authority to grant licences for performance in public of any work shall, within three months of the commencement of the Ordinance or within such further period as the Registrar may, for sufficient reasons, allow in respect of any such society on an application made by it in this behalf, prepare and publish, at its own cost, in the official Gazette and in one newspaper in English language published in each province, the statements of all fees, charges or royalties which it proposes to collect for the grant of such licences.

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(2)

Everyperformingrightssocietyshall,within onemonthorits.acquiring the' authority to grant licences for performance in public of any work or within such further period as the Registrar may, for sufficient reasons, allow in respect of any such society on an application made' by it in this behalf, prepare and publish, at its own cost, in the official Gazette and in one newspaper in the Engli!>h language published in each province, the statements of all fees charges or royalties' Which it purposes to collect for the grant of such licences.

(3)

Every performing rights society shall file with the Registrar two copies of the statements prepared under sub-rule (1) or sub-rule (2) within the-time specified therein, together wirh two copies of each of the newspapers in which such statements have been published.

1. Determination of objections.-The Board may take such evidence as it deems fit in determining any objection lodged under section 32.
2. Publication of alterations in the statement of fees etc.-The Registrar shall publish the altesnations made by the Board in the statements of fees; charges or royalties, in the official Gazette and in the two newspapers in which the original statements were published under rule 14 or in such other newspapers as he may deem fit.

CHAPTER 'YI.-RELINQUISHMENT OF COPYRIGHT

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17. Notice of rellnqulshment.c-The owner of the Copyright in a work desiring to relinquish all or any of the rights comprised in the copyright shall give notice to the Registrar in Form V.

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CHAPTER VlI.-IMPORTATION OF INFRINGING COPIES

. 18. Importation of infringing copies.-Evcry application under sub-section

(1) of section 58 shall be made to the Registrar in Form VI and shall be acompanied by the fee specified in the Second Schedule.

19. Procedure for examlnatlone of infringing copies.c-The Regist" ir or any person authorisedby him in thiS behalf shall take action under sub-Section (2) of secdon S3 and act in collaboration with customs authorities.

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CHAPTER VlII.-THE COPYRIGHT BOARD.

20. Terms and conditions of uffice of the Chairman and members of the Board.-(l) The Chairman and other members of the Beard shall be appointed for such period not exceeding [fiveyears]! as the Government may, in each case, deem fit.

(2)

The Chairman and other members of the Board shall, on the expiry of the period of their appointment, be eligible for re-appointment.

(3)

The Chairman or any other member of the Board may, resign his office by giving three months notice in writing to the Government.

[(4) The Chairman and other members of the Board shall be paid such salary or honorarium or conveyance allowance as may be determined by the Government in each case.]!

(5)

A non-official appointed as the Chairman or other member of the Board shall be entitled to travelling allowances for journeys performed on duty and to daily allowances for the period spent on duty according to rules and orders for the time being appHcable to such corresponding class of Government servants as shall be specified by the Government.

(6)

An official appointed as the Chairman or other member of the Board sball be entitled to such travelling allowances for journeys performed on duty and to such daily allowances for the period spent on duty as may be admissible to him as such official.

(7)

The other conditions of service of the Chairman and other members of the Board shall be regulated by orders made in that behalf by the Government from time to time.

21. Functions ofthe Secretary ofthe Doard.-The Registrar shall perform all secretarial functions relating to the Board under the directions and control of the Chairman of the Board.

CHAPTER IX.-MISCELLANEOUS.

1. Mode of making applications, etC.-Every applications, notice statement or any other document to be made, given, filed or sent under the act or under these rules may, unless otherwise directed by the authority concerned. he sent by hand or registered post.
2. Mode of communication by Board, etc.-Bvery written intimation from the Board, the Copyright Officeor the Registrar shall be deemed to have been duly communicated to any person if such intimation is sent to the known address of such person by registered post.
3. Fees.-(1) The fees payable under the act in respect of any matter shall be as specified in the Second Schedule.

[(2) The fees shall be paid to the Register by a bank draft from any scheduled bank of Bangladesh or by deposit into a Government treasury or sub-treasury under the Head of Account No. XLVI-Misc. Copyright Fees.]2

lSUPS. by sao No. 143·L/83 dt, 24·4-83. 2Subs. by sao No. 143-L/83 dt, 24-4-83.

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(3) Bank drafts shall be crossed and drawable in favour of the Registrar by designation only.

[(4) Where payment is made by deposit in a Government treasury or sub-treasury, the original copy of the challan evidencing the payment shall be sent to the Registrar by registered post or by hand ;]1

1. Right of auditDce.-In any proceedings before the Board or the Registrar, any party may appear and be heard either in person or bya pleader or other person duly authorised by such party.
2. Costs.....:The cost of the proceedings before the Board or the Registrar shall be awarded at the discretion of the Board or the Registrar as the case may be.

lSubs. hy SRO No. 143-L/83 dt, 24-4-83.

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FIRSr SCHEDUIJE
FORM I
REGISTRAR OF COPYRIGHT
[See rule 3(2)J

1. Registration number.
2. Name, address and nationality of the applicant.
3. Nature of the applicant's interest in the Copyright ofthe work.
4. Class and description of the work.
5. Title of the work.
6. Language of the work.
7. Name, address and nationality of the author and if the author is dead, the date of his death.
8. Whether the work is published or unpublished.
9. Year and country of first publication and name, address and nationality of the publisher.
10. Years and countries of subsequent publications, if any, and name, addresses and nationalities of the publishers.
11. Names, addresses and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each together with particulars of assignments and licences, if any.
12. Names, addresses and nationalities of other persons, if any, authorised to assign or license the rights comprising the copyright,

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13. If the wor1<l is an artistic work, the location of the original work, including name, address and nationality of the person in possession of it (in the case of an architectural work, the year of completion of the work should also be mentioned).

14. Remarks, if any.

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• ••••••••••••••••• t ••••••

to .

The Registrar of Copyright,
Copyright Office,
Dhaka.

Sir,

In accordance with section 17 of the Copyriyht Ordinance, 1962 (XXXIV of 1962), I hereby give notice that wih effect from the date of this notice, 1 do relinquish, to the extent specified in the enclosed affidavit my right in the' work described in the said affidavit.

Yours faithfully,

............... e' ••

'Place . Date.....·········· .

FORM OF AFFIDAVIT

of

I.

(Full name in block letters) (Address) do hearhy on solemn affirmation state that :

(1)

I am the author of the work described in the statement below.

(a)

Class of work (Literary, Dramatic musical. Artistic, CinematographicFilm, Record and Broadcast).

(6)

Title of the works.

(c)

Full name, address nationality of the author.
(d, Language of the work.
(,) Nome, address and nationality of tho publishor.

(f)

Year of first publication.

(g)

Country of first publication.

(h)

If the copyright in the work is registered under section 39 (2), the, Registration number.

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(lfthe work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, tltevolume number of 'h': issue, the date and page reference).

2.\ .l,tights owned by the deponent-on the date of the affidavit.

(If .the. rights arc owned jointly\ with other, state named addresses' and nationalities of joint owners.)

1. Extent to which rights are relinquished.
2. .Reasons for relinquishment of the rights (the information given will be kept strict~confdential),
3. Remarks, ifany.

• •••••••••••• <11'"",

(Signature)

Place -.

Date . Solemnly affirmed before me by (Name of deponent in block letters) whois known to me personally/who is Identified to me by _ who is known to me personally.

Name of identifier in block letters)

Signature and seal of Magistrate.

'lace ..... ·········· .

Date .., .

19 PORM VI APPLICATION NOR A BAN ON IMPORTATION OF INFRINGING COPIES UNDER RULE 18 OF THE COPYRIGHT RULES, 1967. (See Rule 18) To The Registrar of Copyrights, Copyright Office, Dhalia. Sir, In accordance with section 58 of the Copyright Ordinance, 1962 (XXXIV of 1962), I hereby state that:

• I am the owner of the Co;>yright.
• I am the auth rised agent of _ (Full name)

who is the owner of Copyright in the work specified in the enclosed affidavit and I hereby apply for an order that copies of the said work as specified in the said affidavit shall not be imported into Bangladesh.

1. I am also enclosing a copy of the work of which the Copyright is being infringed.
1. I produce herewith the·-f~liowing additional evidence in proof ofinfrIngement of Copyright by the works in respect of which the order is sought :
2. ( Give particulars)
2. The prescribed fee has been paid as per details below :( Give particulars)
3. Communication on the subject may be addressed to :

Yours faithfully,

.................

( Siglfature)