The Copyright Ordinance, 1962
REGISTRATION OF COPYRIGHT
Section:38. Register of Copyrights, indexes form and inspection of Register.
(1) The Registrar shall keep at the Copyright Office a register in the prescribed form to be called the Register of Copyrights in which shall be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed.
(2) The Registrar shall also keep such indexes of the Register of Copyrights as may be prescribed.
(3) The Register of Copyrights and the indexes thereof kept under this section shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, any such register or index on payment of such fee and subject to such conditions as may be prescribed.
39. Registration of copyrights :-
(1) The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee 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 subsection (1), the Registrar shall enter the particulars of the work in the Register of Copyrights and issue a certificate of such registration to the applicant unless, for reason to be recorded in writing, he considers that such entry should not be made in respect of any work.
40. Registration of assignments, etc., of copyrights.
(1) Any person interested in the grant of an interest in a copyright, either by assignment or license, may make an application in the prescribed form, accompanied by the prescribed fee, the original instrument of such grant and a certified copy thereof, to the Registrar for entering the particulars of the grant in the Register of Copyrights.
(2) On receipt of an application in respect of any work under sub-section (1), the Registrar shall, after holding such inquiry as he deems fit, enter the particulars of the grant in the Register of Copyrights unless, for reasons to be recorded in writing, he considers that such entry should not be made in respect of any grant.
(3) The certified copy of the grant shall be retained at the Copyright Office and the original shall be returned to the person depositing it, with a certificate of registration endorsed thereon or affixed thereto.
41. Correction of entries in the Register of Copyrights and indexes, etc.
(1) The Registrar may in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights and the indexes by-
(a) correcting any error in any name, address or particulars ; or
(b) correcting any other error which may have arisen therein by accidental slip or omission.
(2) The Board, on application of the Registrar or of any person aggrieved, may order the rectification of the Register of Copyrights by-
(a) the making of any entry wrongly omitted to be made in the Register, or
(b) the expunging of any entry wrongly made in or, remaining on, the Register, or
(c) the correction of any error or defect in the Register.
42. Register of Copyrights to be prima facie evidence of particulars entered therein.
(1) The Register of Copyrights and the indexes shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entry therein or extracts therefrom certified by the Registrar and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof of production of the original.
(2) A certificate of registration of copyright in a work shall be prima facie evidence that copyright subsists in the work and that the person shown in the certificate as the owner of the copyright is the owner of such copyright.
CHAPTER IX
COPYRIGHT OFFICE, REGISTRAR OF COPYRIGHT AND COPYRIGHT BOARD
43. Copyright Office.
(1) There shall be established for the purposes of this Ordinance an office to be called the Copyright Office.
(2) The Copyright Office shall be under the immediate control of the Registrar of Copyrights who shall act under the superintendence and direction of the Central Government.
(3) The Copyright Office shall have a seal the impression whereof shall be judicially noticed.
43 A. Branch of Copyright Office.
(1) There shall be established for the purpose of facilitating the registration of copyrights, a Branch of the Copyright Office at such place in Pakistan as the Registrar may, with the approval of the Federal Government, determine.
(2) The Branch Office shall discharge such functions of the Copyright Office as may be notified by the Registrar from time to time.
44. Registrar and Deputy Registrars of Copyrights.
(1) The Central Government shall, for the purposes of this Ordinance, appoint a Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights.
(2) The Registrar shall,-
(i) sign all entries made in the Register of Copyrights kept under this Ordinance;
(ii) sign all certificates of registration of copyrights and certified copies under the seal of the Copyright Office;
(iii) exercise the powers conferred and perform the duties imposed upon him by or under this Ordinance;
(iv) be the Secretary of the Copyright Board; and
shall perform such other functions as may be prescribed.
(3) A Deputy Registrar of Copyrights shall discharge, under the superintendence and direction of the Registrar, such functions of the Registrar under this Ordinance as the Registrar may, from time to time, assign to him.
(4) The Registrar may, with the approval of the Federal Government, assign any particular functions of the Registrar under this Ordinance to officers other than the Deputy Registrar of Copyrights.
45. Copyright Board.
(1) The Central Government shall constitute a Board to be called the Copyright Board consisting of the following members, namely,-
(i) a Chairman appointed by the Central Government;
(ii) not less than three and not more than five other members appointed by the Central Government after consultation with the representative bodies of authors, publishers, cinematograph industry and any other interest relating to copyright:
Provided that adequate representation on the Board shall, as far as possible, be given to the resident of each Province; and
(iii) the Registrar, ex-officio.
(2) The members, including the Chairman of the Board, other than the ex-offico member, shall hold office for such period and on such terms and conditions as may be prescribed.
(3) The Chairman shall be a person who is, or has been a Judge of a High Court, or is qualified for appointment as such Judge.
46. Powers and procedure of the Board.
(1) The Board shall subject to any rules that may be made under this Ordinance, have power to regulate its own procedure, including the fixing of places and times of its sittings.
(2) If there is a difference of opinion among the members of the Board in respect of any matter coming before it for decision under this Ordinance, the opinion of the majority shall prevail:
Provided that where there is no such majority the opinion of the Chairman shall prevail.
(3) The Board may authorize any of its members to exercise any of its powers under section 78 and any order made or act done in exercise of any such power by the member so authorized shall be deemed to be the order or act, as the case may be, of the Board.
(4) No act done or proceeding taken by the Board under this Ordinance shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of the Board.
(5) The Board shall be deemed to be a civil court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898, and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of Pakistan Penal Code.
(6) No member of the Board shall take part in any proceedings before the Board in respect of any matter in which he has a personal interest.
INFRINGEMENT OF COPYRIGHT
56. When copyright infringed.
Copyright in a work shall be deemed to be infringed-
(a) when any person without the consent of the owner of the copyright or without a license granted by such owner or the Registrar under this Ordinance or in contravention of the conditions of a license so granted or of any condition imposed by a competent authority under this Ordinance,-
(i) does anything the exclusive right to do which is by this Ordinance conferred upon the owner of the copyright; or
(ii) permits for profit any place to be used for the performance of the work in public where such performance constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for suspecting, that such performance would be an infringement of copyright, or
(b) when any person-
(i) makes for sale or hire or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
(ii) distributes either for the purpose of trade to such an extent as to affect prejudicially the owner of the copyright, or
(iii) by way of trade exhibits in public, or
(iv) imports into Pakistan, any infringing copies of the work.
Explanation.- For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematographic work shall be deemed to be an "infringing copy".
57. Certain acts not to be infringement of copyright.
(1) The following acts shall not constitute an infringement of copyright, namely:-
(a) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of-
(i) research or private study;
(ii) criticism or review, whether of that work or of any other work;
(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events-
(i) in a newspaper, magazine or similar periodical, or
(ii) by broadcast or in a cinematographic work or by means of photographs;
(c) the reproduction of a literary, dramatic, musical or artistic work for the propose of a judicial proceeding or for the purpose of a report of a judicial proceeding;
(d) the publication in a newspaper of a report of an address of political nature delivered at a public meeting unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given and, except whilst the building is being used for public worship, in a position near the lecture; but nothing in this clause shall affect the provisions as to newspaper summaries;
(e) the reproduction of any literary, dramatic, or musical work in the certified copy made or supplied in accordance with any law for the time being in force;
(f) the reading or recitation in public of any reasonable extract from a published literary or dramatic work;
(g) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published, literary or dramatic works, not themselves published for the use of educational institutions, in which copyright subsists:
Provided that not more than two such passages from works of the same author are published by the same publisher during any period of five years;
Explanation.- In the case of a work of joint authorship references in this clause to passages from works shall include references to passages from works by any one or more of those authors in collaboration with any other person;
(h) the reproduction or adaptation of a literary, dramatic, musical or artistic work-
(i) in the course and for the sole purpose of instruction whether at an educational institution or elsewhere where the reproduction or adaptation is made by a teacher or a pupil otherwise than by the use of a painting process; or
(ii) as part of the questions to be answered in an examination; or
(iii) in answers to such questions;
(I) the performance, in the course of the activities of an educational institution, of a literary dramatic or musical work by the staff and students of the institution, or of a cinematographic work or a record, if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution;
(J) the making of records in respect of any literary, dramatic or musical work, if-
(i) records recording the work have previously been made by or with the license or consent of, the owner of the copyright in the work; and
(ii) the person making the records has given the prescribed notice of his intention to make the records, and has paid in the prescribed manner to the owner of the copyright in the work royalties in respect of all such records to be made by him, at the rate fixed by the Board in this behalf:
Provided that in making the records such person shall not make any alterations in, or omissions from, the work, unless records recording the work subject to similar alterations and omissions have been previously made by, or with the licence or consent of the owner of the copyright, or unless such alterations and omissions are reasonably necessary for the adaptation of the work to the records in question;
(k) the causing of a recording embodied in a record to be heard in public utilizing the record,-
(i) at any premises where persons reside, as part of the amenities provided exclusively or mainly for residents therein, or
(ii) as part of the activities of a club, society or other organization which is not established or conducted for profit ;
(L) the performance of a literary, dramatic or musical work by an amateur club or society, if the performance is given to a non-paying audience, or for the benefit of a religious, charitable or educational institution;
(m) the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social
