“A copyright protects original works of authorship. In Bangladesh due to the lack of consciousness and execution of the legal system of copyright law the actual authors are not getting any benefits of their works.”

“A copyright protects original works of authorship. In Bangladesh due to the lack of consciousness and execution of the legal system of copyright law the actual authors are not getting any benefits of their works.”

Executive Summary

The report is prepared within short time. In my report I have included 10 parts. Introduction to Chapter I have included report origin, purpose, scope and methodology. In chapter 2 I have included that the definition of copyright that is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph files and sound recordings etc, Objective of copyright, purpose of copyright. In chapter 3 I have included Copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture, Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Copyright protects original works of authorship, while a patent protects inventions or discoveries, I have included do I have to be registered to be protected, Why should I register my work if copyright protection is automatic, What is a “poor man copyright” ,  Is my copyright good in other countries. In chapter 4 I have included that a copyright protects original works of authorship. In chapter 5 I have included that Copyright law in Bangladesh, In chapter 6 I have included that Lack of consciousness and execution of the legal system of copyright law, In chapter 7 I have included that the limitation of copyright law, In chapter 8 I have included some suggestions, In chapter 9 I have included my last opinion that we should not copy in printing press without taking permission from actual author.

Table of Content

Chapter Topic Page
1 Introduction: (9-10) 09
1.2.    Purpose 09
09
10
10
2 Introduction to copyright 11
11
11
11
3 3.1. what does copyright protect (12-13) 12
3.2. What copyright does not protect 13
3.3.How is a copyright different from patent or a

trademark

13
3.4. Do I have to register to be protected 13
3.5.Why should I register my work if copyright

protection is automatic

13
3.6. What is a “poor man copyright” 13
3.7. Is my copyright good in other countries 13
4 4.  A copyright protects original works of authorship 14
5 5. Copyright law in Bangladesh 15
6 6. Lack of consciousness and execution of the legal system of copyright law 16
7 7. Limitation 17
8

8. Recommendation

18-19
9 9. Conclusion 19
10 10. Bibliography 20

1.1. REPORT ORIGIN

As a mandatory requirement of the Master of the Business Administration (MBA) program under School of Business of University of Ahsanullah University of Science and Technology, I required to complete the report. The report bears 15 marks. Report is needed to gain idea, knowledge and experience.

General Objectives

Specific Objectives

In line with the broad objective, the specific objectives of the study may be spelled out as follows:

The report covers about copyright and copyright law copyright protects original works of authorship.

Within the stipulated time, I have covered some major topic. These are listed below and described in this report:

1.4 Methodology

Both the primary as well as the secondary form of information is used to prepare the report. The details of these sources are highlighted below.

Primary Sources

Primary are collected by survey or study for specific purpose. I have collected primary data through the following ways:

  • Face to Face conversation with the respective authors.

Secondary Sources

Sources of secondary data can be defined as:

Internal Sources

External Sources

1.5. Limitations

Being required to complete the report timely I faced the following limitations.

Despite all these limitations, I have given the best of my efforts and tried to make the report as informative and comprehensive as possible.

2.1. Definition of copyright

A copyright is an intellectual property law, is a form of protection granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. A copyright is a form of protection provided by law to anyone who creates “original works of authorship.”  Essentially, a copyright protects literary, musical, dramatic, artistic and other qualifying creative works of the author.

A [1]copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings etc. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. However, there could be slight variations in the composition of the rights depending on the work. In Bangladesh we have our Copyright law 2000[2]. The startling part is we don’t have a very good execution of our legal system of copyright law. That is why the actual authors are not getting their benefit of creation.

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[1] Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. pp. 13–14.

[2] www.cafezine.com/depts/article.asp?id=1235&deptid=6 – Bangladesh Copyright law 2000

2.2.OBJECTIVE OF COPYRIGHT

The primary objective of copyright is not to reward the labor of authors, but “to promote the Progress of Science and useful Arts.”

2.3. Purpose of Copyright

The purpose of copyright is to protect an artist, publisher, or other owner against any unauthorized use or sale of their works. The details vary from country to country. But, typically, these laws grant the copyright holder the right of reproduction; the right to distribute copies; the right to rent copies (such as computer programs and audiovisual works); the right to make recordings of public performances (particularly musical, dramatic, or audiovisual.

3.1. What does copyright protect?

Copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

In other words, a work of authorship able to be fixed in a tangible medium is subject to copyright protection provided there is some element of creativity to the work to be protected.

Copyright protection gives the owner of a copyright the right to reproduce a work, prepare derivative work based thereon, distribute the copyrighted work, perform any copyrighted work publicly, and display the copyrighted work publicly.

Copyright protects the physical expression of ideas. It is a type of property that is founded on a person’s creative skill and labor. Copyright is designed to prevent the unauthorized use by others of a work, that is, the original form in which an idea or information has been expressed by the creator. As soon as an idea is given in physical form, e.g. a piece of writing, a photograph, music, a film, a web page, it is protected by copyright. It is a set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright theory says that it is the balance between the exclusive rights and the limitations and exceptions that engenders creativity. Copyright does not protect ideas, only their expression or fixation. There is no need for registration [3] or to claim copyright in some way, protection is automatic at the point of creation. Both published and unpublished works are protected by copyright.

In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the public domain. Uses which are covered under limitations and exceptions to copyright, such as fair use, do not require permission from the copyright owner. All other uses require permission and copyright owners can license or permanently transfer or assign their exclusive rights to others.

The Copyright law provides certain ways in which copyright works may be used without the need to first obtain permission from the copyright holder(s) – these include, fair dealing, library privilege, copying for examinations and copying for instruction. The University also holds a number of licenses, which permit copyright works to be copied and used in various ways. Otherwise, written permission must first be obtained from a copyright holder before their work is used or copied. Infringing the rights of copyright holders may be a criminal offence and/or cause them to sue for damaging.

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[3] WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organization. 2004. pp. 15.

3.2. What copyright does not protect?

Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

3.3. How is a copyright different from a patent or a trademark?

Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

3.4. Do I have to register to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work

3.5. Why should I register my work if copyright protection is automatic?

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney’s fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

3.6. What is a “poor man’s Copy right ”?

The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

3.7. Is my copyright good in other countries?

Many countries have copyright relations with other countries in the world, and as a result of these agreements, they honor each other’s citizens’ copyright.

4. A copyright protect original works of authorship

The copyright protects the original works of authorship by protecting the form of expression rather than the subject matter of the work.  For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine.  Copyright therefore protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

Copyright laws protect a wide range of works. In general, copyright protects ‘original works of authorship’ that are fixed in a tangible form of expression. And practically all national copyright    laws provide for the protection of the following types of works:
Literary works: regardless of their length (novel or short-story), regardless of purpose (education or advertisement), or form (handwritten or book).
•Musical works: regardless of length, purpose, or form.
•Artistic works: regardless whether 2-dimensional, 3-dimensional, representational or abstract, or purpose (pure or commercial).
•Audiovisual works: irrespective of purpose (pure art or propaganda) such as motion pictures, television broadcasts.

Initially copyright law only applied to the copying of books. Today copyright laws have been standardized to some extent through international and regional agreements such as the Berne Convention and the European copyright directives. Although there are consistencies among nations’ copyright laws, each jurisdiction has separate and distinct laws and regulations about copyright. National copyright laws on licensing, transfer and assignment of copyright still vary greatly between countries and copyrighted works are licensed on territorial basis. Copyright protects “original works of authorship [4]” that are “fixed in any tangible means of expression.

Originality is the first requirement for copyright protection. Clearly, new writings, new photographs or paintings, new computer programs are eligible for copyright. But copyright protection can also extend to works that aren’t so clearly “new.” Translations of literary works are copyrightable as works in their own right.

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[4] anders, Karen (2003). Ethics & Journalism. Sage. pp. 66.

5.BANGLADESHI COPYRIGHT LAW

Copyright law in Bangladesh provides a number of provisions for uses of protected works without seeking permission from authors for the purpose of fair dealings, such as private study, private use, research, criticisms, review, reporting current events in a newspaper, magazine or similar periodical, in cinematograph[5] films by broadcast or by photograph,

The law also provides some other provisions to use a protected work without authorization from an author in cases of official gazettes [6], reports of various commissions, committees’ boards or councils appointed by government or other similar bodies, if it is not expressly prohibited to publish. Similarly, a number of some other provisions also exist in law under which users are given powers to use freely of the protected works in cases of sound recordings, cinematographic film, computer programmes under certain exceptional cases.

Copyright law provides a number of provisions for limitations. Limitation refers to terms of copyright. Copyright is not a perpetual property unlike other movable or immovable properties. The ownership of copyright is limited to a fixed period of time, after expiry of which copyright does not subsist and it become a public domain work and then any person or individual can use it without observing any legal obligations. The term may differ from country to country. It may be 70 or 60 or 50 years but it should be minimum 50 years in major work, in accordance with international copyright law i.e. the Berne Convention of WIPO for the protection of literary and artistic works of which Bangladesh is a member country.

In Bangladesh, copyright terms are as follows: (a) in cases of literary, artistic, musical, dramatic works, the terms is 60 years from the beginning of the calendar years next following the year in which the author dies (Life + 60 years); (b) in cases of photograph, the term is 60 years from the beginning of calendar year next following the year in which the photograph is published (60 years from publication), (c) in case of cinematographic film, the term is 60 years following the year in which the film is published (60 years from publication), (d) In cases of Govt. works, it is 60 years from publication (60 years from publication,), (e) In cases of local authority, the term is 60 years from first publication (60 years from first publication); (f) in case of sound recordings, it is 60 years from publication (60 years from publications) (g) in case of works of international organizations, the term is 60 years from 1st publication (60 years from first publication) (h) in case of broadcasting, the term is 25 years from the beginning of the calendar year next following the year in which the broadcasting is made (25 years from broadcasting); (i) in case of performance, it is 50 years from the beginning of the year next following the year in which the performance is made (50 years from the first performance is made); j) in case of published edition (typographical arrangement), the term is 25 years from the beginning of the calendar year next following the year in which the edition is first published (25 years from the first publication); (k) in case of joint authorship of a work, the term will be 60 years from the death of last surviving author ( 60 years from death of the last surviving author) .

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[5] Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. pp. 13–14.

[6] Marshall, Lee (2006). Bootlegging: romanticism and copyright in the music industry. Sage. pp. 15.

6. Lack of Consciousness and execution of the legal system of Copyright law

Piracy of copyrights it is now becoming a great problem all over the world. In recent years, copyright piracy in the form of counterfeiting, bootlegging and plagiarism have increased manifold in many countries, due to advent of various techniques or devices for easy reproduction and communications of works resulting in unauthorized transfer and use of protected works and also in depriving legitimate remunerations to authors.

In Bangladesh such problems are also now becoming serious. Currently, Bangladesh has a good copyright law, enacted in 2000. The most concerning part is the lack of consciousness and execution of the legal system of Copyright law. That is why the actual authors are not getting any benefits of their works. For example

Without the execution of copyright law, Bangladesh cannot move forward very far. Although the legislation is being heralded as a positive step forward, computer programmers and software developers in the country believe that the law does not go far enough. According to them, the law does not prohibit songs, writing or computer programs from being reproduced without permission for non-commercial [7] purposes. The Bangladesh government, however, sees this law as being in line with the conventions of the World Trade Organization.

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[7] The way ahead – A Strategy for Copyright in the Digital Age. Intellectual Property Office and Department for Business Innovation & Skills. October 2009. pp. 10.

7.Limitation

–    Copyright is limited in time. Many countries have adopted, as a general rule, a term of protection that starts at the time of the creation and ends 50 years after the death of the author. After that time, the author can no longer claim ownership and the work can be freely reproduced and   distributed without permission.
–  Another limitation on the copyright holder is often referred to as ‘fair use.’ This is a relatively new provision in Bangladesh. copyright law but other countries have recognized it, in one form or another.

8.RECOMMENDATION
9. Conclusion

The copyright protects the original works of authorship by protecting the form of expression rather than the subject matter of the work. In Bangladesh due to the lack of consciousness and execution of the legal system of copyright law the actual authors are not getting any benefits of their works. It is too bad not only for actual author but also for whole country.  So the person who copies should be punished and actual authors should be very much conscious.

10.Bibliography

1. Websites (www.goole.com)

2. Text book of copyright (from public library)

3.   http://en.wikipedia.org/wiki/Copyright

4.       http://www.staffs.ac.uk/legal/copyright/what_is_copyright

5.       http://www.cafezine.com/depts/article.asp?id=1235&deptid=6

6.       http://www.thedailystar.net/law/2006

7.       Van Horn Melton, The rise of the public in Enlightenment Europe,  Cambridge University Press, 4TH edn, 2000

8.       E. Lawson, and ML Bertucci, Encyclopedia of human rights, 2nd edn, 1996

9.       M. N. Shaw, International Law, Cambridge University Press, 5th edn, 2003

.       Nimmer, David, Copyright: Sacred Text, 2nd end, 2003

10.       Lindsey, Marc: Copyright Law on Campus, Washington State University Press, 1st edn, 2003

11.       http://en.wikipedia.org/wiki/Copyright

12.       http://www.staffs.ac.uk/legal/copyright/what_is_copyright

13.       http://www.cafezine.com/depts/article.asp?id=1235&deptid=6

14.       http://www.thedailystar.net/law/2006

[1] Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. pp. 13–14.

[2] www.cafezine.com/depts/article.asp?id=1235&deptid=6 – Bangladesh Copyright law 2000

[3] WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organization. 2004. pp. 15.

[4] anders, Karen (2003). Ethics & Journalism. Sage. pp. 66.

[5] Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. pp. 13–14.

[6] Marshall, Lee (2006). Bootlegging: romanticism and copyright in the music industry. Sage. pp. 15.

[7] The way ahead – A Strategy for Copyright in the Digital Age. Intellectual Property Office and Department for Business Innovation & Skills. October 2009. pp. 10.