WhatsApp
Karachi: +92 333 2316871 (Mohsin Ali Shah) · +92 316 1119655 (Sobia Mohsin)Islamabad: +92 333 1127836 (Haider Mohsin)Chat on WhatsApp

Copyright: Copyright Ordinance, 1962, &
Process of Copyright Registration in Pakistan

Copyright in Pakistan & Copyright Ordinance, 1962

A copyright is an exclusive right of a creator or an owner of a work that is intellectual property in nature, to use and to have the right to control the use of his/her intellect. The creator or the owner of the work has the right to control the various aspects of his/her work including copying, issuing copies, renting or lending copies, adapting, performing in public, broadcasting, etc. Copyright also includes related rights like moral rights that are connected with the copyright.

The Copyright Ordinance, 1962 is the legal framework for copyright registration in Pakistan. It protects copyrights of literary works, musical works, sound recordings, artistic works, and cinematographic films.

The Ordinance covers original literary works such as novels, poems, and plays; original musical compositions with or without accompanying words; sound recordings; original dramatic works; original artistic works including paintings, drawings, photographs, and sculpture; cinematographic films; and computer programs. The Ordinance provides protection to a wide range of copyright material such as books and other written material, music and lyrics, dramatic works (plays), paintings, drawings and sculptures, photographs, motion pictures (films), television programs, and other broadcasts (including advertisements), computer software and databases.

Copyright law in Pakistan is governed by the Copyright Ordinance 1962. In accordance with this ordinance, copyright registration is possible (and required) in Pakistan. Once copyright has been registered, it can last for the lifetime of the author plus 50 years, or if it is owned by another person or business, it can last for 50 years after the death of the author.

In order to register a copyright in Pakistan, a person must file an application with the Controller of Copyrights. The application must include a copy of the work and a fee, which varies depending on the kind of work being registered.

Once the copyright has been registered, it will be published in the Official Gazette for public notice. After this point, if an infringement occurs and is proven in a court of law, the owner of the copyright may be awarded damages.

Copyrightable Works in Pakistan

The following categories of works can be protected by copyright:

  1. Works of literature
  2. Musical works, as well as any accompanying lyrics
  3. Dramatic works and their accompanying music
  4. Works in the visual, graphic, and sculptural arts
  5. Audiovisual works, including motion pictures
  6. A sound recording or similar audio.
  7. Works, designs, etc., related to architecture

Copyright Granted to Creators of Original Work

Copyright is a term that refers to the right granted to creators of original work. The work must be original and creative, but it does not have to be artistic in nature. Literary works, musical works, dramatic works, sound recordings, films, broadcasts, or cable programs can all be copyrighted.

Copyrights Give Creators Exclusive Rights For Their Use and Distribution

Copyrights give creators of original works exclusive rights for their use and distribution as created by law in their countries. Usually, these rights are only valid for a limited period of time. There are limitations and exceptions to copyright law, including fair use, which limit and restrict exclusive rights. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, and not the ideas themselves. Certain forms of creative work are protected by copyright, which is a form of intellectual property.

Copyrights can be Granted by Public Law and, in such Case, Considered “Territorial Rights”

Some jurisdictions require “fixing” copyrighted works in a tangible form. Each of these authors holds a set of rights to use or license the work, which is commonly referred to as a rights’ holder. Among the most common rights are reproduction, control over derivative works, distribution, and publication, performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered “territorial rights”.

Copyright Registration Process in Pakistan

Filing of Application for Copyright Registration

Copyright applications are filed according to the laws of registration.

Examining

The copyright registrar of Pakistan examines the application following its filing, after which it is accepted for publication in a copyright journal for opposition.

Advertisement in the Newspaper

As a newspaper advertisement, the draft of the copyright advertisement should be published. In order to claim authorship, the applicant must wait for a period of 1 month.

Oppositions / Objections

Registrars can raise objections based on any findings that require clarification. If there is an opposition during publication of the application, a reply of opposition should be submitted to defend the application.

Our Services For Your Copyright

The registration of your copyrights is an important step in protecting your original work. Copyright provides protection for the expression of ideas and thoughts in the literary, scientific, and artistic fields, regardless of the mode or form of expression. Authors of “original works of authorship” such as literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished, are protected under the Copyright Act. Copyright protection confers monetary benefits such as the right to make copies, distribute copies to the public, perform in public, broadcast and use on-line, as well as to receive financial benefits from copyright usage. Across a variety of industries and geographical locations, our attorneys have been successfully protecting our clients’ rights.

The following services are provided:

  • Search for Copyrights
  • Filing and prosecuting copyright cases
  • Enforcement of Copyright
  • Copyright Licensing
  • Doing due diligence with respect to copyrights
  • Dispute resolution and arbitration
  • Legal action against Infringement of the copyright
  • Services related to investigations
  • Copyright licensing
  • Filings and prosecutions of copyright
For More Information on Copyright Infringement, Please Visit…

Tax Lawyers Who Review Your Matter

Mohsin Ali Shah, Senior Consulting Lawyer – Corporate & Taxation (M.A., LL.B.)
Mohsin Ali ShahSenior Consulting Lawyer – Corporate & Taxation (M.A., LL.B.)
Sobia Mohsin, Advocate & Corporate Taxation Consultant
Sobia MohsinAdvocate & Corporate Taxation Consultant

Reviewed by: Mohsin Ali Shah, Senior Consulting Lawyer (Corporate & Taxation)

Published by: Pakistan Tax Lawyers & Consultants

Last updated: 24 January 2024