Copyright Ordinance, 1962

 

Copyright Ordinance,
1962

[XXXV of
1962]

 

Sections 2 & 13(c)–

Whether a
person is under a contract of service or contract for service is a question of
fact and not a question of law and is to be determined on consideration of the
facts and circumstances of each case.

Suraiya Rahman vs. Skill Development for Underprivileged Women
represented by its Project Director and others 49 DLR 222.

 

Section 13–

The author
of a work shall be the first owner of the copyright in the work subject to same
conditions, one of which is that a work made in the course of author’s
employment under a contract of service or apprenticeship when none of the other
conditions applies, the employer of the employed person shall, in the absence
of any agreement to the contrary, be the first owner of the copyright therein.

Suraiya Rahman vs Skill Development for Underprivileged Women
represented by its Project Director and others 49 DLR 222.

 

Copyright Ordinance, 1962

 

Copyright
Ordinance, 1962

(XXXV OF
1962)

 

Sections—2
and 13(c)

‘Contract of
service’ and ‘contract for service’

Expressions
‘contract of service’ and ‘contract for service’ have not been defined in
section 2 of the Ordinance.

The
distinction between a ‘contract of service and ‘contract for service’ will have
to be gathered from the facts and circumstances of the case as to whether the
employed person in relation to his employer is an employee or an independent
contractor. If an employed person is an employee of the employer he is under a
contract of service and if such person is an independent contractor under the
employer, then he is under a contract for service.

Mrs. Suraiya
Rahman Vs Skill Development for Under-Privileged Women, represented by its
Project Director and others, 17 BLD (HCD) 284.

 

Section—13

It
provides that author of a work shall be the first owner of the copyright
subject to some conditions. One of such conditions is that when a work is done
or made in the course of the author’s employment under a contract of service or
apprenticeship, the employer of the employed person, in the absence of any
agreement to the contrary, be the first owner of the copyright therein.

Mrs. Suraiya
Rahman Vs Skill Development for Under-Privileged Women, represented by its
Project Director and others, 17 BLD (HCD) 284.

 

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