Règlement sur le droit d'auteur, 1967, Pakistan, WIPO Lex

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Anglais Copyright Rules, 1967

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THE INTERNATIONAL COPYRIGHT ORDER, 1968

------------ CONTENTS

Copyright Rules, 1967 CHAPTER I

PRELIMINARY

1. Short title and commencement 1 2. Definitions 1

CHAPTER II

REGISTRATION OF COPYRIGHT

3. Register 1 4. Application for Registration of Copyright 1 5. Correction of entries in the Register 2 6. Indexes 2 7. Inspection of the Register and Indexes 2

CHAPTER III

LICENCES FOR TRANSLATIONS

8. Application for licence 3 9. Consideration of the application 3 10. Manner of determining royalties 4 11. Extension of the period of licence 4 12. Cancellation of licence 5

CHAPTER IV MAKING OF RECORDS

513. Making of records CHAPTER V

.PERFORMING RIGHTS SOCIETIES 14. Publication of statement of fees, etc. 5 15. [Omitted]. 6 16. Publication of alterations in the statement of fees, etc. 6

CHAPTER VI

RELINQUISHMENT OF COPYRIGHT 17. Notice of relinquishment 6

ii CONTENTS

CHAPTER VII

PROHIBITION ON IMPORTATION AND .EXPORTATION OF INFRINGING COPIES

18. Prohibition on importation and exportation of infringing copies 6 19. Procedure for examination of infringing copies 6

CHAPTER VIII

THE COPYRIGHT BOARD 20. Terms and conditions of office of the Chairman and Members of

the Board 7

21. Functions of the Secretary of the Board 7

CHAPTER IX

MISCELLANEOUS

22. Mode of making applications, etc. 7

23. Mode of communication by Board etc. 7

24. Fees 8

25. Right of audience 8 26. Costs

8 FIRST SCHEDULE

-------------- Copyright Board (Procedure) Regulations, 1981

1 Short title and commencement 24

Definitions2. 24

30FIRST SCHEDULE

The International Copyright Order, 1968 41 SCHEDULE 43

THE COPYRIGHT RULES, 1967 (As amended by the Copyright (Amendment)-

Rules, 2002)

CHAPTER I

PRELIMINARY 1. Short title and commencement------------ (1) These rules may be called

the Copyright Rules, 1967.

These 'shall come into 'force at once.

2. Definitions ---- In these, rules, unless there is anything repugnant in the subject or context, '

(a) "Form" means a form set out in the First Schedule;

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

(e) "Section" means a section of the Ordinance.

CHAPTER II

REGISTRATION OF COPYRIGHT 3. Register-------(l) The Register shall be kept in four parts as

follows:-

Part I Literary, Dramatic and Musical Works.

Part II Artistic Works.

Part III Cinematographic Works.

Part IV Records.

(2) The Registrar shall contain the particulars specified in Form I.

4. Application for Registration of Copyright-----------------------{1) Every Application for 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.

2 THE COPYRIGHT RULES, 1967

(2) Every application for registration shall be in respect of one work in the Second Schedule.

(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-A) Any person applying to register an artistic work shall publish an advertisement of the said artistic work in any national Urdu or English language daily newspaper in circulation where the applicant resides or carries on business. .

(4) If no 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.

(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 given in the application, he may, after holding such inquiry as he deems fit, enter such particulars of the work in the Register as he considers proper.

(6) The Registrar shall, as soon as may be, send wherever practicable, a copy 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 specified 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 person the amendment or alteration so made.

6. Indexes ------(1) There shall be kept at the Copyright Office the following indexes for each part of the Register, namely:-

(a) a general Author Index; a

(b) general Title Index;

(d) a Title Index of works in each language. .

(2) Every Index shall be arranged alphabetically in the form of cards .

7. Inspection of the Register and Indexes----- (1) Any person shall

3THE, COPYRIGHT RULES, 1967

be entitled to take copies of, or make extracts from. the Register of Indexes on payment of the" fee specified in the Second Schedule subject to such supervision as the Registrar I11ay arrange.

(2) The Registrar shall on application made in that behalf and on payment of the fee specified in the Second Schedule, furnish a certified. copy of any entries made in the Register and indexes.

CHAPTER III

LICENCES FOR TRANSLATIONS 8. Application for licence---- (1) An application for a licence under

section 37 to produce and publish a translation of a literary or dramatic work in any language in Pakistan or a language ordinarily used in Pakistan shall tie made to the Board in triplicate 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 translation 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 application in the official Gazette and also, if the Board thinks fit in one or two newspapers and shall send a copy of 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.

9. Consideration of the application------------- (1) The Board shall consider the application after the expiry of not less than one hundred and twenty days from the date of publication of the notice in the official Gazette.

(2) The Board shall give an opportunity to the applicant and also, wherever practicable, to any person claiming any interest in the

4 . THE COPYRIGHT RULES, 1967

(3) If more than one application for translation if the work in the same language are pending before the Board at the expiry of one hundred and twenty days after the publication of the notice in the official Gazette, all such applications shall be considered together.

(4) If the Board is satisfied hat the licence for a translation of the work in the language applied for may be granted to the applicant, or, if there are more applications' than. One to such one of the applicants as, in the opinion Of the Board, would best serve, the interest of the general public, it may direct the Registrar to grant a licence in Form VII.

(5) Every such licence shall be subject to the condition provided in subsection (4) of section 37 relating to the payment of royalties and shall specify.

(a) the period within which the translation' shall be produced and published;

(b) the language in which the 'translation shall be produced and published;

(c) the rate at which royalties in respect of the copies of the translation 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 .shall, as soon as possible, be notified in

the official Gazette and in the newspapers, if any, in which the notice under rule 8 was published and the other parties shall be informed about the grant of the licence. .

10. Manner of determining royalties.---The Board shall determine the royalties payable to the owner of the copyright under subsection (4) of section 37, after taking into consideration (a) the proposed retail price of a copy of the translation of the

\ work. (b) the prevailing standards of royalties in regard to translation of

words; and.

11. Extension of the period of licence ------------ The Board may on the application of the licensee.. and after notice to the owner of the copyright. wherever practicable, if it is satisfied that the licensee was for

5THE COPYRIGHT RULES, 1967

sufficient reasons, unable to produce and publish the translation within the period specified in the licence extend such period.

12. Cancellation of licence ---------- The Board may, after giving the 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 specified in the licence or within the time extended on the application of the licensee;.

(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;

CHAPTER IV

MAKING OF RECORDS 13. Making of records--------- (1) Any person intending to make records

under clause (j) of subsection (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 and shall, before making the records, pay to the owner of the copyright, the amount of royalties due in respect of all such records to be made at the rate fixed by the Board in this behalf.

(2) Such notice shall contain the following information, namely: -

(a) The particulars of the work in respect of which records to be made.

(b) Alterations and omissions, if any, which are proposed to be made for the adaptation of the work to the records.

(d) Particulars of the records made previously recording the work.

(e) The number of records intended to be made.

CHAPTER V

PERFORMING RIGHTS SOCIETIES 14. Publication of statement of fees, etc-------------- (1) Every performing

rights society having authority to grant licences for performance in public of any work shall, within three months of the commencement of

6 THE COPYRIGHT RULES, 1967

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 Urdu and 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.

(ii) Every performing rights society shall, within one month of its 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 English 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 with two copies of each of the newspapers in which such statements have been published.

15. [Omitted).

16. Publication of alterations in the statement of fees, etc. ------ The Registrar shall publish at the costs of the performing rights society the alterations made by the Board in the statement~ of fees, charges or royalties in the official Gazette and in one newspaper hi Urdu or English language in which the original statements were published under rule 14.

CHAPTER VI

RELINQUISHMENT OF COPYRIGHT

17. Notice of relinquishment. - 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.

CHAPTER VII

PROHIBITION ON IMPORTATION AND EXPORTATION OF INFRINGING COPIES

18. Prohibition on importation and exportation of infringing copies Every application under subsection (1) of section~8 shall be made to the Registrar in Form VI and shall be accompanied by the fee specified in the Second Schedule.

19. Procedure for examination .of infringing copies.-----------------------The

7THE COPYRIGHT RULES, 1967

Registrar or any person authorized by him in this behalf shall in this behalf shall take action under subsection (2) of section 58 and act in collaboration with Customs Authorities.

CHAPTER VIII

THE COPYRIGHT BOARD

20. Terms and conditions of office of the Chairman and members of the Board ----(1) 'The Chairman and other members of the Board shall be appointed for such period not exceeding three years as the Central 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 Central Government.

(4) The Chairman, and other members 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 applicable to such corresponding class of Government servants as shall be specified by the Central Government.

(5) An official appointed as the Chairman or other members of the Board shall 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.

(6) 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 Central Government from time to time.

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

CHAPTER IX

MISCELLANEOUS

22. Mode of making applications, etc--------------- Every application, notice, statement or any other document to be made, given, filed or sent under the Ordinance or under these rules may, unless otherwise directed by the, authority concerned, be sent by hand or registered post.

23. Mode of communication by Board etc ----------------------- Every written intimation from the Board, the Copyright Office or the Registrar shall

---------------

8 THE COPYRIGHT RULES, 1967

be deemed to have been duly communicated to any person if such intimation is sent to the last known' address of such person either by registered or ordinary post as the Registrar may decide.

24. Fees-----(1) The fees payable under the Ordinance in respect of any matter shall be as specified in the Second Schedule.

(2) The fees shall be paid, to Registrar by a bank draft, pay order, or by deposit into the State Bank of Pakistan or any branch of the National Bank of Pakistan under the Head of Account" 1390-1391-other citizenship, naturalization, passport and copyright fees".

(3) Bank drafts and pay orders shall be crossed and payable in, favour of the Registrar by designation only.

(4) Where payment is made by deposit in the State Bank of Pakistan or into a branch of the National Bank of Pakistan, the original and duplicate copies of the challan evidencing the payment may, unless other wise directed by the authority concerned, be sent to the Registrar by hand or by registered post.

25. Right of audience -------- In any proceedings before the Board or the Registrar, any party may appear and be heard either in person or by an Advocate or other person duly authorized by such party.

26. 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.

FIRST SCHEDULE

FORM I

(1) Registration Number.

(2) Name, address and nationality of the applicant.

(3) Nature of the applicant’s interest in the copyright of the work.

(4) Class and description of the work and the year of creation.

(5) Title of the work.

(6) Language of the work.

----------------------------

9THE COPYRIGHT RULES, 1967

(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 names, 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 licence the rights comprising the copyright.

(13) If the work 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.

Place ................... Date ........ .…......

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

(Signature)

FROM II

APPLICATIONFOR REGISTRATION OF COPYRIGHTS

[See rule 4(1)] To . .

The Registrar of Copyrights, Copyright Office, Karachi.

Sir,

In accordance with section 39 of the Copyright Ordinance, 1962

10 THE COPYRIGHT RULES, 1967

(XXXIV of 1962), I hereby apply for registration of copyright and request that entries may be made in the Register of Copyrights as in the enclosed statement of particulars sent herewith in triplicate.

*1 also send herewith duly completed the statement of further particulars relating to my work.

2. In accordance with sub-rule (3) of rule' 4 of the Copyright Rules, 1967, I have sent by hand/pre-paid registered post copies of this letter and of the enclosed statement(s) to the other parties **concerned, as shown below:-

Name and address of the parties Date of Despatch 1 2

The prescribed fee has been paid, as per details below: --3. Communication on the subject may be addressed to: _______7.

Yours faithfully,

……….. (Signature)

List of enclosures.

Place................. ..

Date...... …..............

Statement of particulars (To be sent in triplicate)

*For Literary, Dramatic, Musical and Artistic works only.

**See entries 7, 11, 12, and 13 of the statement of particulars and the party referred to in entry 2(e) of the statement of further particulars.

STATEMENT OF PARTICULARS (To be sent in triplicate)

1 Registration Number (to be filled in the Copyright Office) 2, Name, address sand nationality of the applicant.

3. Nature of the applicant's interest in the copyright of the work

4. Class and description of the work and the year of creation.

5. Title of the work.

------------------------

11THE COPYRIGHT RULES, 1967

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 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

names, 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 6f assignment and licences, if any.

12. Names, addresses and nationalities of the other persons, if any, authorised to assign or licence the rights comprising the copyright.

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

14. Remarks, if any.

Place............ ...............

Date………………….. .............

(Signature)

STATEMENT OF FURTHER PARTICULARS

(For Literary, Dramatic, Musical and Artistic Works only)

(To be sent in triplicate)

1. If the work to be registered, whether the work is-

(a) an original work?

-------------------

12 THE COPYRIGHT RULES, 1967

(b) a translation of a work in the public domain?

(d) an adaptation of a work in public domain? (e) an adaptation of work in which copyright subsists?

2. If the work is a translation or adaptation of a work in which copyright subsists-

(a) title of the original ,work;

(b) language of the original work;

(d) name, address and nationality of the publisher, if any, of the work;

(e) particulars of the authorization for. a translation or adaptation: including the name, address and nationality of the party

authorising. 3. Remarks, if any.

Place .....................

Date ..................... ...... ……

(Signature)

FORM III

APPLICATION FOR REGISTRATION OF CHANGES IN PARTICULARS OF COPYRIGHT

[See rule 4 (1)]To

The Registrar of Copyrights, Copyright Office, Karachi.

Sir,

In accordance with section 40 of the Copyright Ordinance, 1967, I hereby apply for registration of changes in the particulars of

--------

13THE COPYRIGHT RULES, 1967

copyright entered in the Register of Copyrights and request that changes in the existing entries may be made as specified in the enclosed statement of particulars.

2. I have sent by hand/registered post copies of this letter and of the statement of particulars to the other parties concerned *as shown below:

Name and address of the parties Date of Despatch 1 2

3. The prescribed fee has been paid &8 per details below: --.

4. Communications on the subject may be addressed to: - Place ........... ..........

Date ............................

Yours faithfully,

………. (Signature)

*See columns 7, 11, 12, and 13 of the Register of Copyright.

STATEMENT OF PARTICULARS

1. Registration Number in the Register of Copyrights.

2. Changes sought in the particulars of copyright as entered in the Register of Copyrights.

Reference to column No. of the Register of

Copyrights

Existing . entry in the Register of Copyrights

Proposed entry In place of the existing entry in the Register

Of Copyrights

Reasons for The changes proposed

1 2 3 4

. Note --- Where the changes proposed are consequent on assignment or licence of copyright, attested copies of the deeds of assignments or licence should be enclosed. . .

…………. (Signature)

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

----------

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14 THE COPYRIGHT RULES, 1967

3. List of enclosures. Place.....................

Date.....................

FORM IV

APPLICATION FOR LICENCE

[See rule 8(1)]

(To be submitted in triplicate) To

The Registrar of Copyrights, Copyright Office, Karachi.

Sir,

In accordance with section 37 of the Copyright Ordinance, 1962 (XXXIV of 1962), I hereby apply to the Copyright Board for a licence to produce and publish a translation of the work the particulars of which are given in the enclosed statement.

I hereby, undertake to abide strictly by the terms and conditions of the licence; if granted to me.

Yours faithfully;

……………… (Signature)

Place.. . .. . ……… . Date.…. ............... .

STATEMENT

1. Full name of the applicant (in block letters) Full

2. address and nationality of the applicant. 3. Telegraphic address, if any.

4. Description of the work.

(a) Class of the work (Literary or Dramatic)

15'THE COPYRIGHT RULES, 1967

(b) Title of the work.

(d) Language of the work.

(e) Name, address and nationality of the publisher.

(f) Year of the publication.

(g) Country of first Publication.

(h) Price of a copy of the work. (i) If the copyright in the work is registered under section 39 (2), the registration No.

(If the work has appeared as a serial or otherwise in journal or magazine, give the' name of the journal ormagazine, the volume number of the issue, the date and the page of reference.).

5. Language into which the work is proposed to be translated. Full name, qualification and address of the translator.6.

7. Qualification of the applicant to produce and publish.

8. Number of copies of the translation proposed to be published 9. Estimated cost of production and publication of the translation.

10. Proposed retail price per copy of the translation.

11. Rate of royalty which the applicant considers reasonable" to be paid to the copyright owner.

12. Means of the applicant for payment of the royalty.

13. Whether the prescribed fee has been paid and, if so, particulars , of payment (give bank draft/ treasury challan No.).

14.(a) Full name, address and nationality of the person competent to issue a licence for translation.

(b) Whether the applicant was able to find the said person?

(c) Whether the applicant had ,requested arid had been denied authorization by the said person to produce and publish the translation?

(d) If the applicant was unable to find the owner, whether he had sent a copy of the request for authorization to the publisher. If

16 THE COPYRIGHT RULES, 1967

so, the date on which the copy was sent, (Enclose true copies of correspondence, if any).

15. Whether the author of the work has withdrawn from circulation copies of the work? .

16. (a) Whether a translation in 'the same language has been published before?

(b) Whether a translation is out of print?

(c) Full name, address and nationality of the earlier translator and if the said translator is dead, the date of his death.

(d) Title or-the earlier translation.

(e) Full name, address and nationality of the publisher of the earlier translation.

(f) Year of publication.

(g) Price per copy of the, earlier translation.

(h) If the earlier translation is registered under section 39(2), the registration number.

(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known.

17. (a) Whether translation has been made into any language other than the language stated in entry 5 above. ~

(b) Full name, address and nationality of the translator and if the said translator is dead, the date of his death.

(d) Language of the translation; (e) Full name, address and nationality of the publisher of the

translation.

(f) Year of the publication.

(g) Price per copy of the translation.

(h) If the translation is registered under section 39(2), the Registration number.

. (i) Rate and amount of Royalty paid to the copyright owner if known.

17THE COPYRIGHT RULES, 1967

18. Remarks, if any.

19. List of enclosures: Place……………. ..................

Date.. ................... . (Signature) -------

FORM V

Notice of relinquishment of Copyright

(See rule 17) To

The Registrar of Copyrights, Copyright Office, Karachi.

Sir,

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

Yours faithfully,

…………… Signature.

Place……………… Date……………… Date ....................... -----------

FORM OF AFFIDAVIT

I, of

(Full name in block letters) (Address)

do hereby on solemn affirmation state that:-

(1) I am the author of the work described in the statement below.

(2) I am the owner of the copyright in the said work to the extent specified in the said statement.

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18. THE COPYRIGHT RULES, 1967 .

(3) I do hereby relinquish my right in the said work to the extent ". specified in the statement below.

STATEMENT

1. Description of work: -

(a) Class of work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).

(b) Title of the works.

(d) Language of the Work.

(e) Name; address and nationality of the publisher.

(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.

(. . (If the work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, the volume number of the issue, the. date and page reference).

2. Rights owned by the deponent on the date of the affidavit. (If the rights are owned jointly with others, state names, addresses and nationalities of joint owners).

3. Extent to which rights are relinquished.

4. Reasons for relinquishment of the rights (the information given will be kept strictly confidential). .

5. Remarks, if any.

Signature.Place. . . . . . . . . . . . . . . Date...................

Solemnly affirmed before me by

(Name of Deponent in block letters) who is known to me personally/ who is identified to me

----

19THE COPYRIGHT RULES, 1967

by -------------------------------------- who is known to me personally. (Name of identifier in block letters)

Signature and seal of Magistrate.

Place. .. . .. . .. . . . Date...... , ...............

FORM VI

Application for prohibition on importation and exportation of infringing copies under rule 18 of

the Copyright Rules, 1967

(See Rule 18)

The Registrar of Copyrights, Copyright Office Karachi.

Sir,

In accordance with section 58 of the Copyright Ordinance, 1962 (XXXIV of 1962), I hereby state that: -

• I am the owner of the Copyright.

• I am the authorized agent of ________________________ 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/exported out of Pakistan.

1. I am also enclosing a copy of the work of which the copyright /' is being infringed.

2. I produce herewith the following additional evidence in proof of infringement of copyright by the works in respect of which the order is

Sought:-

(Give particulars) 4.

The prescribed fee has been paid as per details below: -- J .(Give particulars)

______________________________________________________________________________________________________________________________________

_______________________________________________ _________________________________________________________

20 THE COPYRIGHT RULES. 1967

5. Communication on the subject may be addressed to: Yours faithfully. ……….. Signature.

Place .... ............. Date ...................

Score out which is not applicable.

FORM OF AFFIDA VIT

I _____________________ Of ______________________ do 10

(FULL ADDRESS)(FULL NAME IN BLOCK LETTERS) hereby on solemn affirmation state that:-

(I) The particulars in the statement below are true to the best of my knowledge and belief.

(2) If the copies are allowed to be imported/exported the copyright of' the work described in the statement below would be infringed. .

(3) I am interested in the prevention. of importation/exportation of the said infringing copies for the following reasons:

(STATE REASONS)

and

(4) The infringing copies are not being imported/exported for the private and domestic use of the importer/exporter.

STATEMENT' )

A. PARTICULARS OF THE WORK AND RIGHTS HELD:

l. Full name, address and nationality of the applicant.

………………………………………………………………

21THE COPYRIGHT RULES, 1967

2. Telegraphic address of the applicant .......................................

3. If the applicant is not the owner of the Copyright, full name, address and nationality of the owner of the copyright................

4. Description of the work:

(a) Class of .work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).

(b) Title of the work ………………………………………….

(c) Full name, address and nationality of the author and if the author is dead, the date of his death...................................

(d) Language of the work..................................................

(e) Name and address of the publisher. ……………………… (t) Year of first publication....................................................

(g) Country of first publication.................................................

(h) If the Copyright in the work is registered under section 39, the registration number . .............................................

(If the Copyright work has appeared as a' serial or otherwise in a journal or magazine, give the name of the journal or magazine, the volume number of the issue, the date and reference).

B. DETAILS OF IMPORT/EXPORT OF INFRINGING COPIES:

Country of origin of the infringing copies. .............................

Name, address and nationality of the importer/exporter Pakistan

Name, address and nationality of the maker of the infringing copies. . ....................................

4. (a) Expected time and place of import/export of the infringing copies into/out of Pakistan.

(b) Details of shipment with supporting evidence, if any.

5. In case a consignment of the infringing copies is detected and detained, will the applicant be prepared to go himself or depute an authorized agent to identify the said copies to the satisfaction of the Registrar of Copyrights. ..................................

"""

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22 THE COPYRIGHT RULES, 1967

C. ANY OTHER RELEVANT INFORMATION NOT COVERED ABOVE

…………….. Signature.

Place ............................... .

Date .............................................

FORM VII

[See rule 9(4)]

LICENCE UNDER SECTION 37 OF THE COPYRIGHT ORDINANCE, 1962

The Copyright Board under the authority of the Copyright Ordinance, 1962 (XXXIV of 1962) and the Copyright ..............................Rules, 1962, hereby grant to ......................................................... ................... of the …………………………………... ............ .of ... .......................... .the sole. right to print and publish in Pakistan an edition of ... .............................. Copies of the book entitled .................................... by ................... of................. ,.in which copyright subsists, and the owner of such copyright is …………………………. of ........................................

The retail selling price of the said book under this licence is ………………………………………….per copy.

The licensee shall pay a. royalty on the retail selling price of every copy of such book printed under this Licence at the rate of………………. Dated……………………. of…………………………………… 19

(Registrar)

ACCEPTANCE OF LICENCE I, ……………………………………………………….. ,of…………………… the licensee above-mentioned, hereby accept this, licence and undertake to fulfil, in connection therewith, all the terms prescribed, by the Copyright Ordinance" 1962, and the rules made there under.

Date the ............................................day of ........................................ 19....... ................

(Licensee)

23THE COPYRIGHT RULES, 1967

SECOND SCHEDULE [See Rule 24]

(1) For a compulsory licence under section 36. Rs.l,500.00 per work

(2) For an application for a licence to produce and publish a translation of,a literary or dramatic work in any language under section 37.

Rs.l,500.00 -do-

(3) For an application for registration of copyright in any work under section 39 and for an application for registration of assignment of copyright .under section 40.

Rs.500:00 per work

(4) For filing an objection/opposition to an application for registration under section 39. Rs.500.00 -do

(5) For an application to vary the terms of copyright under section l4(2A). Rs.l500.00 -do-

(6) For the making of copies or taking extracts from the Register or index under'' section 38.

Rs,50.,OO per page

(7) For a certified copy of any other public document in the custody of the Registrar of Copyright or the Copyright Board.

Rs.50.00 : -do-

(8) For an application for prevention of importation and exportation of infringing' copies under section 58'.

Rs.2,OOO.00 per work

(9) For an application for modification of the Register of Copyrights under section 41(2)., Rs.500.00 -do-

(10 ) For an application for rectification of Register of Copyrights before the Copyright

Board filed by a party aggrieved Under section 41(2).

Rs.l500.00 -do-

(11) For filing of opposition/counter statements to application for rectification under

section 41(2). Rs.5OO.OO per work

(12) For an application for a reference to the Board under subsection (2of sections 4 and 6. Rs.l500.00 -do-

24 COPYRIGHT BOARD (PROCEDURE) REGULATIONS, 1981

(13) For an application for a reference for the Board under section 65 (2). Rs.1,500.00 per work

(14) For an appeal before the Copyright Board under section 76. Rs.l,5OO.OO -do-

(15) For a notice of relinquishment of copyright under section 17. Rs.1,5OO.OO -do-

In pursuance of the powers conferred under section 46 of the Copyright Ordinance, 1962 (XXXIV of 1962) the Copyright Board .is pleased to make the following regulation, namely Copyright Board (Procedure) Regulations, 1981.

(1) Short title and commencement. --(i) These regulations may be called Copyright Board (Procedure) Regulations, 1981.

(ii) These shall come into' force at once.

(2) Definition-------- (i) In these regulations, unless there is anything repugnant in the subject or context:-

. (a) "Board" means the Copyright Board.

(b) "Chairman" means the Chairman of the Copyright Board. (c)

"Form" means a form set out in the First Schedule.

(d) "Member" means a member of the Copyright Board.

(e) “Ordinance" means Copyright Ordinance, 1962.

(f) "Registrar"' means the Registrar of Copyright (which includes the Deputy Registrar). . .

(g) "Register" means the Register of Copyrights. the(h) "Regulations". means Copyright Board (Procedure)

Regulations, 1981.

(i) "Rules" means Copyright Rules, 1967. (j) "Schedule" mean~ Schedule annexed to these Regulations.. (k) "Secretary" means Secretary of the Board; Le. Registrar of

Règlement sur le droit d'auteur, 1967, Pakistan

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