The Copyright Ordinance, 1962 - Part II - Marine/ Shipping

CHAPTER VIII
REGISTRATION OF COPYRIGHT

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

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

(v) 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.

CHAPTER X
DELIVERY OF BOOKS AND NEWSPAPERS TO PUBLIC LIBRARIES

47. Delivery of books to public libraries.

(1) Subject to any rules that may be made under this Ordinance, but without prejudice to the provisions contained in section 43 of the West Pakistan Press and Publications Ordinance, 1963 ( W. P . Ordinance No. XXX of 1963) , the publisher of every book published in Pakistan after the commencement of this Ordinance, shall, notwithstanding any agreement to the contrary, deliver at his own expense, one copy of the book to each of the "public libraries within thirty days from the date of its publication, and shall also furnish to it such particulars relating thereto as may be prescribed"

(2) The copy delivered to the National Library of Pakistan, Islamabad shall be a copy of the whole book with all maps and illustrations belonging thereto finished and coloured in the same manner as the best copies of the same, and shall be bound, sewed or stitched together and on the best paper on which any copy of the book is printed.

(3) The copy delivered to any other public library shall be on the paper on which the largest number of copies of the book is printed for sale, and shall be in the like condition as the books prepared for sale.

(4) Nothing contained in sub-section (1), shall apply to any second of subsequent edition of a book in which edition no additions or alterations either in the letter press or in the maps, book prints or other engravings belonging to the book have been made, and a copy of the first or any other edition of which book has been delivered under this section.

48. Delivery of periodicals and newspapers to public libraries.

Subject to any rules that may be made under this Ordinance, but without prejudice to the provisions contained in section 36 of the Registration of Printing Press and Publications Ordinance, 1989 (VII of 1989), the publisher of every periodical or newspaper published in Pakistan shall deliver, at his own expense, one copy of each issue or such periodical or newspaper as soon as it is published to each of the public libraries, and shall also furnish to it such particulars relating thereto as may be prescribed.

49. Receipt for books, periodicals and newspapers delivered.

The person in-charge of a public library (whether called a librarian or by any other name)or any other person authorized by him in this behalf to whom a copy of a book, periodical or newspaper is delivered under section 47 or Section 48, shall give to the publisher a receipt in writing therefor

50. Penalty.

Any publisher who contravenes any provision of this Chapter or of any rule made there under shall be punishable with fine which may extend to five hundred rupees and if the contravention is in respect of a book, periodical shall also be publishable with fine which shall be equivalent to the value of the book, or periodical; and the Court trying the offense may direct that whole or any part of the fine realised from him shall be paid, by way of compensation, to the public library to which the book, periodical or newspaper, as the case may be, ought to have been delivered.

51. Cognizance of offence under this Chapter.

(1) No Court shall take cognizance of any offense punishable under this Chapter save on complaint made by an officer empowered in this behalf by the Central Government by a general or special order.

(2) No Court inferior to that of a Magistrate of the first class shall try any offence punishable under this Chapter.

52. Application of this Chapter to books, periodicals and newspapers published by Government.

This Chapter shall also apply to books, periodicals and newspapers published by or under the authority of the Government, but shall not apply to books or periodicals meant for official use only.

CHAPTER XI
INTERNATIONAL COPYRIGHT

53. Provisions as to works of certain international organizations.

(1) The Central Government may, by notification in the official Gazette, declare that this section shall apply to such organizations as may be specified therein of which one or more sovereign powers or the Governments thereof are members.

(2) Where --

(a) any work is made or first published by or under the direction or control of any organization to which this section applies; and

(b) there would, apart from this section, be no copyright in the work in Pakistan at the time of the making or, as the case may be, of the first publication thereof; and

(i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or

(ii) under section 13 any copyright in the work would belong to the organization;

there shall subsist copyright in the work throughout Pakistan except as respects its reprint, translation, adaptation or publication, by or under the authority of the Federal Government, as text-books for the purposes of teaching, study or research in the educational institutions.

(3) Any organization to which this section applies which at the material time had not the legal capacity of a body corporate shall have, and be deemed at all material times to have had, the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright.

54. Power to extend copyright to foreign works.

(1) The Central Government may, by order published in the official Gazette, direct that all or any of the provisions of this Ordinance shall apply;-

(a) to works first published in a foreign country to which the order relates in like manner as if they were first published within Pakistan;

(b) to unpublished works, or any class thereof, the authors whereof were at the time of making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of Pakistan;

(c) in respect of domicile in a foreign country to which the order relates in the like manner as if such domicile were in Pakistan;

(d) to any work of which the author was at the date of the first publication thereof, or, in a case where the author was dead at that date, was at the time of his death, a subject or citizen of a foreign country to which the order relates in like manner as if the author was a citizen of Pakistan at the date of time ;

and thereupon, subject to the provisions of this Chapter and of the order, this Ordinance shall apply accordingly:

Provided that-

(i) before making an order under this section in respect of any foreign country (other than a country with which Pakistan has entered into a treaty or which is a party to a convention relating to copyright to which Pakistan is also a party) the Central Government shall be satisfied that, that foreign country has made or has undertaken to make, such provisions, if any, as it appears to the Central Government expedient to require for the protection in that country of works entitled to copyright under the provisions of this Ordinance;

(ii) the order may provide that the provisions of this Ordinance shall apply either generally or in relation to such classes of works or such classes of cases as may be specified in the order;

(iii) the order may provide that the term of copyright in Pakistan shall not exceed that conferred by the law of the foreign country to which the order relates;

(iv) the order may provide that the provisions of this Ordinance as to delivery of copies of books to public libraries shall not apply to works first published in such foreign country except so far as is provided by the order;

(v) in applying the provisions of this Ordinance as to ownership of copyright the order may make such modification as appears necessary, having regard to the law of the foreign country;

(vi) the order may provide this Ordinance or any part thereof shall not apply to works made, or first published, before the commencement of the order.

55. Power of restrict rights in works of foreign authors first published in Pakistan.

If it is appears to the Central Government that a foreign country does not give, or has not undertaken to give, adequate protection to the works of Pakistani authors, the Central Government may, by order published in the official Gazette, direct that such of the Provisions of this Ordinance as confer copyright on works first published in Pakistan shall not apply to works, published after the date specified in the order, the authors whereof are subjects or citizens of such foreign country and are not domiciled in Pakistan, and thereupon those provisions shall not apply to such works.

CHAPTER XII
INFRINGEMENT OF COPYRIGHT

56. When copyright 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 or religious topics, unless the owner of copyright of such article has expressly reserved to himself the right of such reproduction;

(n) the publication in a newspaper, magazine or other periodical of a report of a lecture delivered to public;

(o) the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library or a non-profit library available for use by the public free of charge or a library attached to an educational institution for the use of such library if such book is not available for sale;

(p) the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access:

Provided that where the identity of the author of any such work, or in the case of a work of joint authorship, of any of the authors, is known to the library, museum or other institution, as the case may be, the provision of this clause shall apply only if such reproduction is made at a time more than fifty years from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known, or, if the identity of more authors than one is known, from the death of such one of those authors who dies last;

(q) the reproduction or publication of-

(i) any matter which has been published in any official Gazette, or the report of any committee, commission, council, board or other like body appointed by the Government unless the reproduction or publication of such matter or report is prohibited by the Government ;

(ii) any judgment or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, tribunal or other judicial authority, as the case may be;

(r) the making or publishing of a painting, drawing, engraving or photograph or an architectural work of art;

(s) the making or publishing of a painting, drawing, engraving or photograph of a sculpture or other artistic work if such work is permanently situate in a public place or any premises to which the public has access;

(t) the inclusion in a cinematograpic work of-

(i) any artistic work permanently situate in a public place or any premises to which the public has access; or

(ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the work;

(u) the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work;

Provided that he does not thereby repeat or imitate the main design of the work;

(v) the making of an object of any description in three dimensions of an artistic work in two dimensions, if the object would not appear, to persons who are not experts in relation to objects of that description to be a reproduction of the artistic work;(w) the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed:

Provided that the original construction was made with the consent and license of the owner of the copyrights in such drawings or plans ;

(x) in relation to a literary, dramatic or musical work recorded or reproduced in any cinematographic work, the exhibition of such work after the expiration of the term of copyright therein:

Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (i) of clause (b) and clauses (f), (g), (m), and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgment-

(i) identifying the work by its title or other description; and

(ii) unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgment of his name should be made, also identifying the author.

Explanation. For the purposes of clause (a) or clause (b) of this sub-section-

(i) in relation to a literary or dramatic work in prose, a single extract up to four hundred words, or a series of extracts (with comments interposed) up to a total or eight hundred words with no one extract exceeding three hundred words; and

(ii) in relation to a literary or dramatic work in poetry, an extract or extracts up to a total of forty lines and in no case exceeding one fourth of the whole of any poem may be deemed to be fair dealing with such work:

Provided that in a review of a newly published work, reasonably longer extracts may be deemed fair dealing with such work.

(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself.

57-A Particulars to be included in records and video films-

(1) No person shall publish a record in respect of any Pakistani work unless the following particulars are displayed on the record and on any container thereof namely:-

(a) the name and address of the person who has made the record;

(b) the name and address or the owner of the copyright in such work; and

(2) No person shall publish a video film in respect of any Pakistani work unless the following particulars are displayed in the video film when exhibited, and on the video cassette or other container thereof, namely:-

(a) if such work is a cinematographic film required to be certified for exhibition under the provisions of the Motion Picture Ordinance, 1979 (XLIII of 1979), a copyright of the certificate granted in respect of such work by the Central Board of film Censors under sub-section (3) of section 5 of that Ordinance or by any other agency authorized by the Government for the purpose;

(b) the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary license or consent from the owner of copyright in such work for making such video film; and

58. Importation of infringing copies.

(1) The Registrar, on application by the owner of copyright in any work or by his duly authorized agent and on payment of the prescribed fee, may, after making such inquiry as he deems fit, order that copies made out of Pakistan of the work which if made in Pakistan would infringe copyright shall not be imported.

(2) Subject to any rules that may be made under this Ordinance, the Registrar or any person authorized by him in this behalf may enter any ship, vehicle, dock or premises where any such copies as are referred to in sub-section(1)may be found and may examine such copies.

(3) All copies to which any order made under sub-section (1) applies shall be deemed to be goods of which the bringing into Pakistan has been prohibited or restricted under section 16 of the Customs Act, 1969 (IV of 1969), and all the provisions of that Act shall have effect accordingly.

CHAPTER XIII
CIVIL REMEDIES

59. Definitions :-

For the purposes of this Chapter, unless the context otherwise requires, the expression "owner of copyright" shall include:-

(a) an exclusive licensee;

(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise established to the satisfaction of the Board by that author or his legal representatives.

60. Civil remedies for infringement of copyright.

(1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Ordinance, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right:

Provided that if the defendant proves that at the date of the infringement he was not aware that copyright subsisted in the work and he had reasonable ground for believing that copyright did not subsist in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.

(2) Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of the author or the publisher, as the case may be, appears on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.

(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.

61. Protection of separate rights.

Subject to the provisions of this Ordinance, where the several rights comprising the copyright in any work are owned by different persons, the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this Ordinance and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit or proceeding.

62. Author's special rights.

(1) Notwithstanding that the author of work may have assigned or relinquished the copyright in the work, he shall have the right to claim the authorship of the work as well as the right to restrain, or claim damages in respect of any distortion, mutilation or other modification of the said work, or any other action in relation to the said work which would be prejudicial to his honor or reputation.

(2) The right conferred upon an author of a work by sub-section (1) may be exercised by the legal representatives of the author.

63. Rights of owner against persons possessing or dealing with infringing copies.

All infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof:

Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves -

(a) that he was not aware that copyright subsisted in the work and he had reasonable ground for believing that copyright did not subsist in the work of which such copies are alleged to be infringing copies ; or

(b) that he has reasonable ground for believing that such copies or plates do not involve infringement of the copyright in any work.

64. Restriction on remedies in the case of works of architecture.

(1) Where the construction of a building or other structure, which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition.

(2) Nothing in section 63 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work.

65. Jurisdiction of court and limitation.

(1) Every suit or other civil proceeding regarding infringement of copyright shall be instituted and tried in the Court of the District Judge:

Provided that, where the person whose copyright in a work has been infringed does not intend to institute a suit or proceeding in the Court of the District Judge, he may, by petition in the prescribed manner, refer the matter to the Board for decision.

(2) Where a petition as been filed under the proviso to sub-section (1), the Board, or a Committee consisting of the Chairman and not less than two members of the Board as the Chairman may appoint, shall consider the matter, and after giving the parties an opportunity of being heard, pass such order as it thinks fit.

(3) The decision of the Committee referred to in sub-section (2) shall be deemed to be the decision of the Board.

(4) Where a matter has been referred to the Board under the proviso to sub-section (1), no court shall hear, try or entertain any suit or proceeding relating to that matter.

(5) The decision of the Board shall, subject to the provisions as to appeal, be final, and shall be executed in the manner provided in section 79.

CHAPTER XIV
OFFENCES AND PENALTIES

66. Offenses of infringement of copyright or other rights conferred by this Ordinance :-

Any person who knowingly infringes or abets the infringement of -

(a) the copyright in a work, or

(b) any other right conferred by this Ordinance,

shall be punishable with imprisonment which may extend to three years, or with fine which may extend to one hundred thousand rupees" or with both.

Explanation. Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work, shall not be an offence under this section.

66A. Penalty for publishing collections or compendiums of work which have been adapted, translated or modified in any manner without the authority of the owner of the copyright :-

Any person who knowingly publishes, or causes to be published, a collection or compendium of works which have been adapted, translated or modified in any manner without the authority of the owner of the copyright in the original works, or who fraudulently employs a title which tends to mislead the public or create confusion with another work published earlier, shall be punishable with imprisonment which may extend to three years, or with fine which may extend to one hundred thousand rupees. or with both.

66B. Penalty for unauthorisedly reproduction or distribution of counterfeit copies of sound recording and cinematographic work.

Any person who unauthorisedly makes or distributes counterfeit of sound recording and cinematographic work for the purpose of business, profit or gain shall be publishable with imprisonment which may extend to three years, or with fine which may extend to one hundred thousand rupees, or with both.

66C. Penalty for exploitation and appropriation of recording or audio-visual work intended for private use:-

Any person who for the purpose of business, profit or gain, exploits or appropriates any sound recording or audio-visual work intended for private use, shall be punishable with imprisonment which may extend to three years, or with fine which may extend to one hundred thousand rupees, or with both.

66D. Penalty for making copies or reproduction in excess of those authorised by the copyright owner or his successor in title:-

Any person who produces or causes to be produced, copies or reproductions in excess or the number authorised by the copyright owner or his successor in title. shall be punishable with imprisonment which may extend to three years or with fine which may extend to one hundred thousand rupees or with both.

67. Possession of plates for purpose of making infringing copies:-

If any person knowingly makes or has in his possession any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be punishable with "imprisonment which may extend to two years, or with fine which may extend to one hundred thousand rupees" or with both.

68. Penalty for making false entries in the Register, etc., or producing or tendering false evidence:-

Any person who,-

(a) makes or causes to be made a false entry in the Register of Copyrights, or

(b) makes or causes to be made a writing falsely purporting to be a copy of any entry in the Register, or

(c) produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false,

shall be punishable with "imprisonment which may extend to two years, or with fine which may extend to one hundred thousand rupees" or with both.

69. Penalty for making false statements for the purpose of deceiving or influencing any authority or officer.

Any person who:-

(a) with a view to deceiving any authority or officer in the performance of any of his functions under any of the provisions of this Ordinance, or

(b) with a view to inducing or influencing the doing or omission of anything in relation to this Ordinance or any matter thereunder,

makes a false statement or representation knowing the same to be false, shall be punishable, with "imprisonment which may extend to two years, or with fine which may extend to one hundred thousand rupees" or with both.

70. False attribution of authorship, etc.

Whosoever,-

(1) inserts or affixes the name of any person in or on a work of which that person is not the author, or in or on a reproduction of such a work, in such a way as to imply that such person is the author of the work ; or

(2) publishes, or sells or lets for hire, or by way or trade offers, exposes for sale or hire, or by way of trade exhibits in public a work in or on which the name of a person has been inserted or affixed in such a way as to imply that such person is the author of the work, or the publisher of the work, who to his knowledge is not the author or the publisher, as the case may be, of such work; or

(3) does any of the acts mentioned in clause (2) in relation to, or distributes, reproductions of a work, being reproductions in or on which any person's name has been inserted or affixed in such a way as to imply that such person is the author of the work, who to his knowledge is not the author of such work, or performs in public, or broadcasts the work as being the work of a particular author, who to his knowledge is not the author of such work ;

shall be punishable with imprisonment which may extend to two years, or with fine which may extend to one hundred thousand rupees or with both.

70A. Penalty for contravention of section 57A:-

[Any person who publishes a record or a video film in contravention of the provisions of section 57A. shall be punishable with "imprisonment which may extend to three years, or with fine which may extend to one hundred thousand rupees" or with both.

70B. Enhanced fine in the case of subsequent offences:- Where any person convicted for an offence punishable under section 66, 66A, 66B, 66C, 66D, or 70A, is again convicted for the same offence, the said section shall have effect as if for the words "one hundred thousand" therein the words "two hundred thousand" were substituted.]

71. Offenses by companies :-

(1) Where any offence under this Ordinance has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly

Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Ordinance has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section:-

(a) "company" means any body corporate and includes a firm or other association of persons; and

(b) "director" in relation to a firm means a partner in the firm

72. Cognizance of offence :-

No court inferior to that of a Magistrate of the first class shall try any offence under this Ordinance.

73. Power of the court to dispose of infringing copies plates or recordings equipment for purpose of making infringing copies:-

The court before which any offence under this Ordinance is tried may, whether the alleged offender is convicted or not, order that all copies of the work or all plates or recording equipment in the possession of the alleged offender, which appear to it to be infringing copies, or plates or recording equipment used or intented to be used for purpose of making infringing copies, be destroyed or delivered to the owner of the copyright or otherwise dealt with as the court may think fit.

74. Power of police to seize infringing copies, plates and recording equipment :-

(1) Any police officer, not below the rank of Sub-inspector, shall, if he is satisfied that an offence under Chapter XIV in respect of infringement of copyright in any work has been , is being, or is likely to be, committed, seize without warrant all copies of the work and all plates and recording equipments used for the purposes of making infringed copies of the work, wherever found, and all copies, plates and recording equipments so seized shall, as soon as practicable, be produced before a Magistrate.Provided that no such copy, plate or recording equipment as is owned by any public library or a library attached to an educational institution or a non-profit library available for use by the public free of charge or in the possession of any person for his bona fide use shall be seized.

(2) Any person having an interest in any copies of a work, plates or recording equipment seized under sub-section (1) may, within fifteen days of such seizure, make an application to the Magistrate for such copies plates or recording equipment being restored to him and the magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit.

[All offence under this Ordinance shall be cognizable and non- bailable.]

74 (A). Power of Magistrate to award compensation for offences under this Chapter :-

(1) The Magistrate may, when passing a sentence of fine, direct that an amount not exceeding fifty percent of the fine imposed by him but commensurate with the loss suffered by the party shall be paid as compensation to the person whose right has been infringed or to the heirs or legal representatives of such person.

(2) Payment of any compensation to any person under sub- section (1) shall be without prejudice to his right to any claim in a suit or other proceeding which may be instituted, or may be pending in a Court, in relation to the same matter.

CHAPTER XV
APPLEALS

75. Appeals against certain orders of Magistrate :-

Any person aggrieved by an order made under section 73, sub-section (2) of section 74 or sub-section (1) of section 74(A) may, within thirty days of the date of such order, appeal to the court to which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal.

76. Appeals Against Orders Of Registrar :-

Any person aggrieved by any final decision or order of the Registrar may, within three months from the date of the decision or order, appeal to the Board:

Provided that the Registrar shall not sit as a member of the Board when the Board hears an appeal under this section.

77. Appeals against orders of the Board :-

(1) any person aggrieved by any final decision or order of the Board, not being a decision or order made in an appeal under section 76 may, within three months from the date of such decision or order, appeal to the High court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain:

Provided that no such appeal shall lie against a decision of the Board under sub-section (2) of section 4 and sub-section (2) of section 6.

(2). In calculating the period of three months provided for an appeal under section 76 and sub-section (1), the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded.

CHAPTER XVI
MISCELLANEOUS

78. Registrar and Board to possess certain powers of civil court.

The Registrar and the Board shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908, in respect of the following, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath:

(b) requiring the discovery and production of any document;

(d) issuing commission for the examination of witnesses or documents;

(e) requisitioning any public record or copy thereof from any court or office;

(f) any other matter of procedure which may be prescribed.

Explanation. For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar or the Board, as the case may be, shall be the whole of Pakistan.

79. Order for payment of money passed by Registrar or Board to be executable as a decree .

Every order made by the Registrar or the Board under this Ordinance for the payment of any money or by the High Court in any appeal against any such order of the Board shall, on a certificate issued by the Registrar, the Board or the Registrar or the High Court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court.

80. Indemnity.

No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Ordinance.

81. Certain persons to be public servants.

Every officer appointed under this Ordinance and every member of the Board shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code.

82. Powers to make rules.

(1) The Central Government may, after previous publication, make rules for carrying out the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, the rules may provide for all or any of the following, namely:-

(a) the term of office and conditions of service of the Chairman and other members of the Board ;

(b) the form of complaints and application to be made

and the license to be granted, under this Ordinance;

(d) the manner of determining any royalties payable under this Ordinance , and the security to be taken for the payment of such royalties;

(e) the form of Register of Copyrights to be kept under this Ordinance and the particulars to be entered therein;

(f) the matters in respect of which the Registrar and the Board shall have powers of a civil court;

(g) the fees which may be payable under this Ordinance;

(h) the regulations of business of the Copyright Office and of all things by this Ordinance placed under the direction or control of the Registrar.

83. [ Section 83 omitted by the Federal Laws (Revision and Declaration) Ordinance 1981, dated 8th. July 1981, Gazette of Pakistan, Extraordinary, Part – I, Page No. 345, dated July 8, 1981.]

84. Saving and transitory provisions :-

(1) Where any person has, before the commencement of this Ordinance, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the coming into force of this Ordinance, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such actions which are subsisting and valuable at the said date, unless the same person who, by virtue of this Ordinance, becomes entitled to restrain such reproduction or performance agrees to pay compensation as, failing agreement, may be determined by the Board.

(2) Copyright shall not subsist by virtue of this Ordinance in any work in which copyright did not subsist immediately before the commencement of this Ordinance under any Act repealed by section 83.

(3) Where copyright subsisted in any work immediately before the commencement of this Ordinance, the rights comprising such copyright shall, as from the date of such commencement, be the rights specified in section 3, in relation to the class of works to which such work belongs, and where any new rights are conferred by that section the owner of such rights shall be.

(a) in any case where copyright in the work was wholly assigned before the commencement of this Ordinance, the assignee or his successor-in-interest; and

(b) in any other case the person who was the first owner of the copyright in the work under any Act repealed by section 83 or his legal representatives.

(4) Except as otherwise provided in this Ordinance, where any person was entitled immediately before the commencement of this Ordinance to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this Ordinance had not come into force.

(5) Nothing contained in this Ordinance shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement.

The content of this article is intended to provide general information on the subject matter. It is therefore not a substitute for specialist advice.

Pakistan: The Copyright Ordinance, 1962 - Part II

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