§ 1সংক্ষিপ্ত শিরোনাম এবং প্রবর্তন
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The Copyright Act, 2023 is the most recent and comprehensive legislation protecting intellectual property rights in literary, artistic, musical, and dramatic works in Bangladesh. It applies to original works of authorship created by Bangladeshi citizens and to works first published in Bangladesh, and it grants protection to foreign works under international copyright conventions to which Bangladesh is a party. The Act repeals and replaces the Copyright Act, 2000, and modernises the framework to address digital and technological developments. It establishes copyright protection for the life of the author plus 60 years after the author's death, or 60 years from first publication for anonymous works, cinematograph films, sound recordings, photographs, and broadcasts. Key mechanisms include the exclusive rights of copyright owners to reproduce, distribute, perform, display, and adapt their works, and moral rights of authors to attribution and integrity. The Act provides for the registration of copyrights with the Copyright Office, the establishment of the Copyright Board to adjudicate disputes, and the power of the government to grant compulsory licences for certain uses. Notable provisions include enhanced protection for digital works, provisions against circumvention of technological protection measures, and criminal penalties for copyright infringement including imprisonment and fines. Neighbouring rights (performers', producers', and broadcasters' rights) are also protected. The Act is currently in force and represents Bangladesh's commitment to international copyright standards.
Full text · showing key sections
§ 2Definition
Unless there is anything contrary to the subject or context, in this Act,—
(1)"proprietor of an anonymous or pseudonymous work" means, in the case of a work singly or jointly authored and published under a pseudonym, the author or his legal representative made public by the publisher before the identity of the author is disclosed;
(2)“copy” means the reproduction (fixed or moving) of a work in the form of letters, images, sounds or any other medium, whether written, sound-sound recording, film, graphics image or any other material nature or digital signal, whether two-dimensional, three-dimensional or surreal;
(3)“duplicating device or technique” means any device or mechanical or digital technique or any other method which is or may be used for making or reproducing any copy of a work;
(4)“adaptation” means—
(a) in the case of a theatrical work, the conversion of the committee to a work other than a theatrical work;
(b) in the case of a literary or artistic work, performed or otherwise adapted to the public;
(c) in the case of a literary or dramatic work, such abridgement or translation thereof in whole or in part in a book, newspaper, magazine, magazine or periodical in which the content and spirit thereof remain intact;
(d) in the case of a musical work, any arrangement or transcription thereof; And
(e) in the case of any other work, the rearrangement or alternate use of the work concerned;
(a) in the case of a theatrical work, the conversion of the committee to a work other than a theatrical work;
(b) in the case of a literary or artistic work, performed or otherwise adapted to the public;
(c) in the case of a literary or dramatic work, such abridgement or translation thereof in whole or in part in a book, newspaper, magazine, magazine or periodical in which the content and spirit thereof remain intact;
(d) in the case of a musical work, any arrangement or transcription thereof; And
(e) in the case of any other work, the rearrangement or alternate use of the work concerned;
(5)“photocopy” means a copy made by photocopy or similar other means of a work;
(6)“exclusive licence” means a license by which copyright is vested only in favor of the licensee or a person authorized by the licensee;
(7)"Copyright" means the right to do or to grant the right to do any of the following in respect of a work or substantial part of a work, and shall include any related rights, namely:-
(a) in the case of literary, dramatic or musical, folk culture works,-
(n) any work, including reproduction and material preservation of the work, whether handwritten or manual, electronic, digital or by any other means audible, visual or perceptible;
(a) make available to the public a copy of the work, other than a copy of such work being in circulation;
(e) performing the work in public and communicating or communicating an audible or visual or perceptible copy of the work to the public or consumer by any means;
(iii) produce, reproduce, perform or publish any translation of the Work;
(g) making any film or sound recording of the work;
(v) broadcasting the action or announcing the broadcast of the action to the public by means of a microphone or similar device;
(r) adapt the action; And
(a) carry out any of the acts referred to in paragraphs (a) to (r) in respect of the translation or adaptation of the work;
(b) in respect of information technology-based digital activities,-
(b) do any of the acts mentioned in sub-section (a);
(a) sell or rent or offer to sell, service, license or rent copies of information technology-digital works, whether or not previously selling or renting similar copies;
(c) in the case of works of art,—
(b) reproduce the work in any form, including converting a one-dimensional work into another dimensional (two-dimensional, three-dimensional, fourth-dimensional, etc.);
(a) publicize the action among the public;
(e) issue copies of the work to the public, without such copies being in circulation;
(e) incorporating the work into a film;
(g) adapting the action;
(v) do anything referred to in paragraphs (a) to (e) with respect to adaptation of the action; And
(r) broadcasting the action or communicating the broadcast of the action to the public by means of a microphone or any similar device or information technology based digital means;
(d) in the case of films,-
(b) making copies thereof on VCP, VCR, VCD, DVD, digital or in any other manner or medium, including photographic representations of portions of the work;
(a) sell or rent or offer to sell or rent a copy of the film in VCP, VCR, VCD, DVD, digital mode or otherwise, whether or not a similar copy has been previously sold or rented, or to store, carry, market or display for commercial purposes a copy of the same for sale or for any other purpose; And
(e) to circulate and exhibit to the public an audible or visual or perceptible copy of the film through VCP, VCR, VCD, DVD, VTR, cable, satellite channel, mobile phone, internet, digital or any other means;
(e) in the case of sound recording,-
(b) includes any sound recording by duplicating an identical recording, and sound recording by electronic or other means;
(a) sell or offer to sell, license or rent any copy of a sound recording, whether or not a similar copy has previously been sold, licensed or rented; And
(e) disseminate the sound recording to the public by any means;
(a) in the case of literary, dramatic or musical, folk culture works,-
(n) any work, including reproduction and material preservation of the work, whether handwritten or manual, electronic, digital or by any other means audible, visual or perceptible;
(a) make available to the public a copy of the work, other than a copy of such work being in circulation;
(e) performing the work in public and communicating or communicating an audible or visual or perceptible copy of the work to the public or consumer by any means;
(iii) produce, reproduce, perform or publish any translation of the Work;
(g) making any film or sound recording of the work;
(v) broadcasting the action or announcing the broadcast of the action to the public by means of a microphone or similar device;
(r) adapt the action; And
(a) carry out any of the acts referred to in paragraphs (a) to (r) in respect of the translation or adaptation of the work;
(b) in respect of information technology-based digital activities,-
(b) do any of the acts mentioned in sub-section (a);
(a) sell or rent or offer to sell, service, license or rent copies of information technology-digital works, whether or not previously selling or renting similar copies;
(c) in the case of works of art,—
(b) reproduce the work in any form, including converting a one-dimensional work into another dimensional (two-dimensional, three-dimensional, fourth-dimensional, etc.);
(a) publicize the action among the public;
(e) issue copies of the work to the public, without such copies being in circulation;
(e) incorporating the work into a film;
(g) adapting the action;
(v) do anything referred to in paragraphs (a) to (e) with respect to adaptation of the action; And
(r) broadcasting the action or communicating the broadcast of the action to the public by means of a microphone or any similar device or information technology based digital means;
(d) in the case of films,-
(b) making copies thereof on VCP, VCR, VCD, DVD, digital or in any other manner or medium, including photographic representations of portions of the work;
(a) sell or rent or offer to sell or rent a copy of the film in VCP, VCR, VCD, DVD, digital mode or otherwise, whether or not a similar copy has been previously sold or rented, or to store, carry, market or display for commercial purposes a copy of the same for sale or for any other purpose; And
(e) to circulate and exhibit to the public an audible or visual or perceptible copy of the film through VCP, VCR, VCD, DVD, VTR, cable, satellite channel, mobile phone, internet, digital or any other means;
(e) in the case of sound recording,-
(b) includes any sound recording by duplicating an identical recording, and sound recording by electronic or other means;
(a) sell or offer to sell, license or rent any copy of a sound recording, whether or not a similar copy has previously been sold, licensed or rented; And
(e) disseminate the sound recording to the public by any means;
(8)“copyright infringing copy” means any person other than the lawful owner of the copyright or related rights in a work by—
(a) in the case of a literary, dramatic or other artistic work, otherwise reproduce the whole work or any part thereof;
(b) in the case of music, films or photographs, the reproduction or production of the said work in whole or in part by special electro-magnetic apparatus, digital means or any other device or method or method, whether or not displayed or deleted after display;
(c) in the case of a sound recording, any other recording of an exact sound recording in any medium;
(d) in respect of any work involving rights, in whole or in part film or sound recording or making or importing or disseminating it without authorisation;
(e) in the case of information technology-digital works, the reproduction or use thereof in whole or in part; And
(f) any other copy prescribed by law;
(a) in the case of a literary, dramatic or other artistic work, otherwise reproduce the whole work or any part thereof;
(b) in the case of music, films or photographs, the reproduction or production of the said work in whole or in part by special electro-magnetic apparatus, digital means or any other device or method or method, whether or not displayed or deleted after display;
(c) in the case of a sound recording, any other recording of an exact sound recording in any medium;
(d) in respect of any work involving rights, in whole or in part film or sound recording or making or importing or disseminating it without authorisation;
(e) in the case of information technology-digital works, the reproduction or use thereof in whole or in part; And
(f) any other copy prescribed by law;
(9)“copyright society” means any copyright society registered under sub-section (3) of section 38;
(10)"Information technology-based digital work" means a creative work created and used directly or indirectly on such devices, such as computers, mobile phones or any digital device, by processing information and data for the purpose of obtaining a specific result, including data, source code, tables, charts, graphs, sounds, images, moving images, designs, texts, instructions, signals and instructions for using such works;
(11)“action” means an action, single or joint, as under:
(a) literary, dramatic, musical and artistic works;
(b) films;
(c) sound recording;
(d) broadcasting;
(e) performance;
(f) architectural designs or models;
(g) databases;
(h) information technology-based digital activities; And
(j) folklore or folk-cultural expressions;
(a) literary, dramatic, musical and artistic works;
(b) films;
(c) sound recording;
(d) broadcasting;
(e) performance;
(f) architectural designs or models;
(g) databases;
(h) information technology-based digital activities; And
(j) folklore or folk-cultural expressions;
(12)“engraving” means engraving, imprinting and other similar works on or in metal objects, glass, stone or wood, other than photographs;
(13)“motion picture” means a sequence of visible images in any medium from which a moving picture can be made and which produces visual action with or without sound recording; and includes video images including such works as may be produced on cassette, video, CD, LD, Internet, cable network, social media or in the future in any similar medium to film;
(14)“National Library” means a National Library established or recognized by the Government;
(15)"communication to the public" means the provision of a copy of any work to the public for viewing, hearing or otherwise direct enjoyment of that work by wire or wireless or creating a similar opportunity by any form of exhibition or publicity whether or not the work is actually enjoyed by any member of the public;
Explanation- For the purposes of this clause, communication by satellite, cable or any other means to any place, establishment, institution, house or residence, educational institution, office, club, community centre, vehicle, saloon, shopping mall, entertainment centre, hospital, residential hotel or multiple rooms of a hotel and also communication to the public through internet, cable network, cell phone, social media or any similar means shall be understood to include communication with the public;
(16)“database” means a collection of personal works, electronic or otherwise organized, in which the work contains the author's own intellectual property and is accessible by electronic or other means;
(17)"Theatrical work" means any literary work other than a film whether or not intended for entertainment, a solo or ensemble performance, recitation live or broadcast, choreographed scene setting;
(18)“prescribed” means prescribed by law;
(19)“manuscript” means a work prepared by hand, mechanical or digital or by any other means prior to publication, its original document, plan, design, design, layout, type and notation;
(20)“public domain” means the term of ownership of copyright or related rights has expired;
(21)“rebroadcast” means the simultaneous or subsequent transmission by any broadcasting organization of a program of a broadcasting organization in Bangladesh or any other country and includes the distribution of such program by digital, wire or wireless means;
(22)"book" means a literary work in any language printed or engraved on stone or published by digital means, and every sheet, map, chart or design of music separately printed or engraved on stone, but shall not include any newspaper;
(23)“maker” means—
(a) in the case of the manuscript of a literary, filmic or theatrical work, the author or composer of the work;
(b) in the case of musical works, the composers and composers thereof;
(c) in the case of a work of art other than a photograph, its creator;
(d) in the case of a photograph, its photographer;
(e) in the case of films, plays or sound recordings, the producers thereof;
(f) in the case of a literary, dramatic, musical or artistic creative work created through an information technology-based digital work, the creator of the work;
(g) speakers in the case of lectures or speeches; And
(h) in the case of information technology-based digital works, the person making them;
(a) in the case of the manuscript of a literary, filmic or theatrical work, the author or composer of the work;
(b) in the case of musical works, the composers and composers thereof;
(c) in the case of a work of art other than a photograph, its creator;
(d) in the case of a photograph, its photographer;
(e) in the case of films, plays or sound recordings, the producers thereof;
(f) in the case of a literary, dramatic, musical or artistic creative work created through an information technology-based digital work, the creator of the work;
(g) speakers in the case of lectures or speeches; And
(h) in the case of information technology-based digital works, the person making them;
(24)“producer” means, in relation to the production of a film or drama or any other work, who creates the enjoyment of the work by undertaking, investing in, managing, etc., the right of ownership thereof;
(25)“plate” means any printing plate or other plate, block, molded pudding, mould, transfer from one medium to another medium, negative, positive, tape, wire, optical film or digital format or other medium used or intended to be used for printing or reprinting a work and any mold or other apparatus by which sound recordings are made for the auditory representation of the work of art; and It will also include its intention;
(26)“photograph” means a photo lithograph, photographic duplicate or includes any still photograph prepared by a digital process; But it shall not include any part of the film;
(27)“phonograph producer” means a person who records sounds and reproduces or markets said work with the authorisation;
(28)“Criminal Procedure Code” has the meaning;
Code of Criminal Procedure, 1898
(Act No. V of 1898);
Code of Criminal Procedure, 1898
(Act No. V of 1898);
(29)“Bangladeshi work” means such literature, drama, music, art, film, sound recording, broadcasting, performance, architecture, design or model or information technology-based digital work-
(a) whose maker is a citizen of Bangladesh; or
(b) which is first published in Bangladesh; or
(c) in the case of unpublished works, the author of which was a citizen of Bangladesh at the time of creation;
(a) whose maker is a citizen of Bangladesh; or
(b) which is first published in Bangladesh; or
(c) in the case of unpublished works, the author of which was a citizen of Bangladesh at the time of creation;
(30)“Board” means the Copyright Board constituted under sub-section (1) of section 11;
(31)"person" means any person having a natural body and includes any firm, partnership, corporation, company, association, association or body of persons, whether incorporated or not;
(32)“Sculptural work” means all kinds of engravings, casts and models, including digital ones;
(33)“joint authorship work” means a work produced by the collaboration of two or more authors, in which the contribution of one author is not independent of the contribution of the other author;
(34)“composer” means, in relation to any piece of music, the composer thereof, whether recorded in notation or not;
(35)“Registrar” means the Registrar of Copyrights appointed under sub-section (1) of section 9;
(36)“lecture” shall mean teaching, address, lecture and also include didactic commentary;
(37)“folk knowledge” means folk knowledge mentioned in section 34;
(38)“folk culture” means the folk culture mentioned in section 34;
(39)“sound-recording” means the recording of sound-sound, irrespective of the medium and method, in such a way that the said sound-sound can be reproduced;
(40)“artwork” means—
(a) artistic painting, drawing, embroidery or design on clothing, stone, metal or glass, engraving or printing, pottery, wood carving, graphics or artistic image, visual or any other design created on an electronic device or similar work;
(b) works of photography, sculpture, drawing, map, chart, design, engraving, whether or not of artistic quality;
(c) models or designs of architectural or construction works of artistic quality; And
(d) any other work involving artistic craftsmanship;
(a) artistic painting, drawing, embroidery or design on clothing, stone, metal or glass, engraving or printing, pottery, wood carving, graphics or artistic image, visual or any other design created on an electronic device or similar work;
(b) works of photography, sculpture, drawing, map, chart, design, engraving, whether or not of artistic quality;
(c) models or designs of architectural or construction works of artistic quality; And
(d) any other work involving artistic craftsmanship;
(41)“musical work” means a work containing music and the creation, publication or performance of notes, words, songs, songs or similar matter of such works;
(42)“fair use” means the innocent commercial use without permission of a copyright protected work that promotes freedom of speech;
(43)“editor” means the arranger or rearranger or reviser of any work or, as the case may be, the compiler of books, but shall not include the editor of a magazine or periodical or newspaper or newspaper;
44) “related rights” means the rights of performers, phonogram producers or broadcasting organizations;
44) “related rights” means the rights of performers, phonogram producers or broadcasting organizations;
(45)“performance” means a readable, visible or audible representation by one or more performers of the rights of the performer;
(46)“performer” means an actor, singer, musician, dancer, reciter, juggler, entertainer, magician, juggler, orator or any such person who performs any similar function;
(47)“broadcast” means any expression, including one or more signals, signs, images, sound-sounds, communicated to the public by any medium, such as television, radio, satellite, wire or wireless, mobile device, digital or electronic or by any other means, and includes re-broadcast;
(48)“broadcasting organisation” means any such person, institution or body who or by whom any broadcasting is carried on;
(49)“Official act” means an act executed or issued by or under any order, direction or regulation made by or under any of the following authorities—
(a) the Government or any department, agency or institution of the Government or local authority or statutory public authority;
(b) the legislative authority of Bangladesh; And
(c) any court, tribunal or other judicial authority of Bangladesh.
(a) the Government or any department, agency or institution of the Government or local authority or statutory public authority;
(b) the legislative authority of Bangladesh; And
(c) any court, tribunal or other judicial authority of Bangladesh.
(50)"Literary work" means written, compiled, translated, edited, compiled, adapted, adapted, creative, for the purpose of public reading and hearing, such as poems, rhymes, etc. Novels, research articles or any work containing data; And
(51)"Architectural work" means any building or structure or structure of artistic character or design or any model of such building or structure or building.
§ 3কোনো কর্মের প্রকাশনা এবং Commercial প্রকাশনা
(1)Subject to the provisions of subsections (4) and (5), “publication” of an action means—
(a) supply copies thereof to the public; And
(b) in the case of literature, drama, music, sounds, paintings or films, making them available to the public by retrievable digital or electronic means, and other related expressions shall also be included.
(a) supply copies thereof to the public; And
(b) in the case of literature, drama, music, sounds, paintings or films, making them available to the public by retrievable digital or electronic means, and other related expressions shall also be included.
(2)“commercial publication” in relation to a literary, dramatic, musical, phonological, pictorial or cinematic work means—
(a) make advance copies thereof and make them generally available to the public for supply for commercial purposes in advance of purchase orders; or
(b) making such work generally available to the public in retrievable digital or electronic media; and other related expressions shall also be included.
(a) make advance copies thereof and make them generally available to the public for supply for commercial purposes in advance of purchase orders; or
(b) making such work generally available to the public in retrievable digital or electronic media; and other related expressions shall also be included.
(3)In the case of architectural work and sculpture, the work shall be deemed to be published after its construction including the installation or works of art included therein is completed.
(4)Notwithstanding anything contained in sub-sections (1), (2) and (3), the following acts shall not be deemed to be publications, namely:-
(a) in the case of literary, dramatic or musical works, reciting or performing them or delivering lectures in classrooms and educational activities and making such works available to the public by digital or electronic means without being retrievable;
(b) its display in drawings, diagrams, graphics and other arts and crafts;
(c) preparing and exhibiting models of architectural works and sculptures for the purpose of demonstrating their architectural style or craftsmanship; And
(d) in the case of films, exhibiting the same to the public without making it retrievable by electronic means.
(a) in the case of literary, dramatic or musical works, reciting or performing them or delivering lectures in classrooms and educational activities and making such works available to the public by digital or electronic means without being retrievable;
(b) its display in drawings, diagrams, graphics and other arts and crafts;
(c) preparing and exhibiting models of architectural works and sculptures for the purpose of demonstrating their architectural style or craftsmanship; And
(d) in the case of films, exhibiting the same to the public without making it retrievable by electronic means.
(5)No work or lecture shall be deemed to have been published or publicly performed or given in public, except for the purpose of infringing copyright, without license or permission of the copyright owner.
§ 4বাংলাদেশে প্রথম প্রকাশিত বলিয়া গণ্য কর্ম
In pursuance of the purpose of this Act,-
(a) a work published in Bangladesh shall be deemed to have been first published in Bangladesh, notwithstanding its simultaneous publication in any other country, unless that country provides for a shorter term of copyright in such work; And
(b) A work shall be deemed to have been published simultaneously in Bangladesh and any other country if the interval between the period of its publication in Bangladesh and the other country is not more than 30 (thirty) days or if it is published within the period prescribed by the Government for this purpose.
§ 5অপ্রকাশিত কর্ম প্রকাশের ক্ষেত্রে প্রণেতার জাতীয়তা
For the purposes of this Act, in the case of publication after a sufficient period of time has elapsed since the performance of an act, the nationality of the actor shall be determined on the basis of the country of which he is currently a citizen or of the country of which he was or has been a citizen or permanent resident for most of the elapsed time or, in case of the death of the actor, of the country of which he was a citizen immediately before his death.
§ 6সংRulesবদ্ধ সংস্থা বা প্রতিষ্ঠানের অবস্থান
For the purposes of this Act, a statutory body or institution shall be deemed to be a body or institution of Bangladesh if it is established under any law in force in Bangladesh or has a representative practical office in Bangladesh.
§ 7Copyright অফিস
(1)Copyright Act, 2000
(Act No. 28 of 2000) The Copyright Office established under this Act shall continue in force as if it had been established under this Act.
(Act No. 28 of 2000) The Copyright Office established under this Act shall continue in force as if it had been established under this Act.
(2)The Copyright Office shall be under the direct control of the Registrar of Copyrights and he shall perform his duties subject to the supervision and direction of the Government.
(3)There shall be a common seal of the Copyright Office.
§ 8Copyright অফিসের কার্যাবলি
For the purposes of this Act, the functions of the Copyright Office shall be as follows, namely:-
(a) registration and certification of any act;
(b) settling disputes arising out of copyright;
(c) grant of license to translate or republish from a foreign language into Bengali;
(d) grant of license to translate into Bengali foreign works relating to broadcasting;
(e) stop the importation of illegal copies of copyright registered works;
(f) granting license to translate, publish or reproduce literary or dramatic works;
(g) Registration of Copyright Society or Collective Management Organization (CMO);
(h) preservation of specimens of registered works in respect of copyright;
(j) protecting the interests of copyright owners and stakeholders;
(j) preservation of folk culture and folk knowledge;
(k) advising the Government, from time to time, on copyright matters;
(l) providing incentives and encouragement to artistic activities; And
(d) any other matter prescribed by the Government.
§ 9রেজিস্ট্রার ও অন্যান্য কর্মচারী নিয়োগ, ইত্যাদি
(1)For the purposes of this Act, the Government may appoint a Registrar of Copyrights and such additional Registrars of Copyrights, Deputy Registrars of Copyrights, Assistant Registrars of Copyrights and other employees as may be necessary and their terms of service shall be prescribed by rules.
(2)The Registrar shall perform the duties described in this Act and prescribed by rules.
(3)The Additional Registrar of Copyrights, Deputy Registrars of Copyrights, Assistant Registrars of Copyrights and other employees shall perform duties under the supervision and direction of the Registrar.
(4)The Registrar may delegate any of his duties to an Additional Registrar of Copyrights, a Deputy Registrar of Copyrights or an Assistant Registrar of Copyrights.
(5)If the post of Registrar becomes vacant for any reason or if he is unable to perform his duties, the Government may order the senior among the Additional Registrars of Copyright to perform the duties of the Registrar until the next Registrar is appointed or until he is able to perform the duties.
§ 10রেজিস্ট্রারের Power
(1)When any complaint is filed in respect of copyright or, as the case may be, related rights in a work, the Registrar himself or an officer authorized by him may, after proper investigation, determine the true ownership thereof:
Provided, however, that after taking such proprietary proceedings, the Registrar may suspend any party's claim against the copyrighted work and, in certain cases, prohibit any party from publishing, producing, reproducing, broadcasting, serving or marketing the said work until the objection is resolved:
Provided further that if the allegation is found to be true on inquiry, the Registrar may impose compensation on the guilty person in such amount as may be prescribed by the rules.
Provided, however, that after taking such proprietary proceedings, the Registrar may suspend any party's claim against the copyrighted work and, in certain cases, prohibit any party from publishing, producing, reproducing, broadcasting, serving or marketing the said work until the objection is resolved:
Provided further that if the allegation is found to be true on inquiry, the Registrar may impose compensation on the guilty person in such amount as may be prescribed by the rules.
(2)The Registrar may, unless otherwise provided in this Act, make such order as he thinks reasonable and such order shall have effect as a decree of a civil court.
(3)If it appears to the registrar that any new and important matter has come to light in the course of the proceedings taken under this section, or that there is any inaccuracy in the evidence presented, the registrar may, in the prescribed manner, on the basis of an application filed or on his own initiative, reconsider his decision.
§ 11Copyright বোর্ড
(1)For the purposes of this Act, there shall be a Board called Copyright Board consisting of 1 (one) Chairman and not less than 2 (two) but not more than 6 (six) members.
(2)The Chairman and the members of the Copyright Board shall be appointed by the Government, but the Government shall appoint one person as a member from amongst the persons having knowledge and experience in the matter of copyright law.
(3)The Chairman and members of the Copyright Board shall remain in office for the term and conditions prescribed by the Government.
(4)The Registrar shall perform the secretarial duties of the Board.
(5)If the post of Chairman of the Board becomes vacant for any reason or if he is unable to perform his duties, the Government may order a senior member of the Board to perform the duties of the Chairman until the next Chairman is appointed or until he is able to perform the duties, provided that the period of such order shall not exceed 6 (six) months.
§ 12বোর্ডের কার্যাবলি
(1)If any dispute arises in any of the following matters, the dispute shall be referred to the Board, namely :-
(a) whether a work has been published or the date of publication and term of copyright of the work;
(b) whether the term of copyright in a work in any other country is shorter than the term of copyright in that work under this Act;
(c) copyright in musical works; or
(d) Regarding the rate of royalty.
(a) whether a work has been published or the date of publication and term of copyright of the work;
(b) whether the term of copyright in a work in any other country is shorter than the term of copyright in that work under this Act;
(c) copyright in musical works; or
(d) Regarding the rate of royalty.
(2)The procedure for submission of objections to the Board and its disposal shall be prescribed by rules.
(3)The decision of the Board in any objection referred to in sub-section (1) shall be final.
(4)If a violation of any provision of this Act comes to the notice of the Board, the Board may take necessary steps for its remedy.
(5)For the purposes of this section, the Board shall be deemed to be a civil court under sections 480 and 482 of the Code of Criminal Procedure and all matters referred to the Board for action.
Penal Code, 1860
(Act No. XLV of 1860) shall be deemed to be judicial proceedings within the meaning of section 193 and 228.
Penal Code, 1860
(Act No. XLV of 1860) shall be deemed to be judicial proceedings within the meaning of section 193 and 228.
(6)The Board may uphold or modify any order made by the Registrar.
(7)No member of the Board shall participate in any such proceedings brought before the Board in which he has a personal interest.
(8)In taking a hearing by the Board against any decision of the Registrar, the Registrar may produce documents etc. at the hearing as a secretarial duty of the Board but shall not participate in the proceedings of the Board.
§ 13বোর্ডের সভা ও কার্যপদ্ধতি
(1)Subject to the other provisions of this section, the Board shall determine the procedure for its meetings.
(2)The meeting of the Board shall be held at the time, date and place fixed by the Chairman of the Board:
Provided thatat least one meeting of the Board shall be held every 90 (ninety) days.
(3)The quorum of the meeting shall be formed in the presence of the Chairman of the Board and at least 2 (two) members.
(4)The decision of the meeting shall be taken by the majority vote of the members present, but in case of equality of votes, the Chairman of the Board shall have the power to cast a second or casting vote.
(5)No action or proceeding of the Board shall be invalid or its validity questioned merely because any membership of the Board is vacant or there is a defect in the constitution of the Board.
§ 14Copyright থাকে এইরূপ কর্ম
(1)Subject to the other provisions of this Act, the following works shall be copyrighted, namely:-
(a) literary, dramatic or musical, folklore and folklore works;
(b) information technology-based digital actions;
(c) works of art;
(d) Films: and
(e) Sound recording.
(a) literary, dramatic or musical, folklore and folklore works;
(b) information technology-based digital actions;
(c) works of art;
(d) Films: and
(e) Sound recording.
(2)Under a joint agreement between a Bangladeshi producer and a foreign producer, whether or not there is a joint commercial purpose, the copyright of a work partially performed in either or both countries shall be:
Provided, however, that the provisions of section 62 or 63 shall apply and no copyright shall exist in any work other than a work made under a joint agreement or for joint commercial purposes, unless the work is first published in Bangladesh, or in the case where the work is first published outside Bangladesh, unless the author is alive at the said date and has not become a citizen or permanent resident of Bangladesh at the date of his death.
Provided, however, that the provisions of section 62 or 63 shall apply and no copyright shall exist in any work other than a work made under a joint agreement or for joint commercial purposes, unless the work is first published in Bangladesh, or in the case where the work is first published outside Bangladesh, unless the author is alive at the said date and has not become a citizen or permanent resident of Bangladesh at the date of his death.
(3)If the office or residence of the producer of a film or documentary film is in Bangladesh for a substantial or entire period of the production of the film, the copyright of the said film shall subsist.
(4)the copyright in a film shall not affect the copyright in any other work on which the latter work is based; Similarly, a sound recording shall not affect the copyright of any other sound recording on which the latter sound recording is based.
(5)In the case of architectural works, the copyright shall extend only to the artistic features and design and shall not extend to the process or method of construction.
(6)Copyright shall not subsist in the following cases, namely:-
(a) in the case of a film, if the original part of the film is made in violation of the copyright of another work;
(b) in the case of a sound recording of a literary, dramatic or musical work, if the copyright of the said work is infringed at the time of the sound recording; And
(c) in respect of any architectural work, if the work is not situated in Bangladesh.
(a) in the case of a film, if the original part of the film is made in violation of the copyright of another work;
(b) in the case of a sound recording of a literary, dramatic or musical work, if the copyright of the said work is infringed at the time of the sound recording; And
(c) in respect of any architectural work, if the work is not situated in Bangladesh.
(7)No person shall acquire copyright or any similar right in any published or unpublished work by means contrary to the provisions of this Act.
§ 15Copyrightের প্রথম Copyrightী
(1)Subject to the other provisions of this Act, an author shall be the first owner of the copyright in his work.
(2)Notwithstanding anything contained in sub-section (1),—
(a) In the case of a literary, dramatic or artistic work composed by the author for publication in the newspaper, magazine or periodical while in the employ of the owner of a newspaper, magazine or periodical under a contract of employment or apprenticeship, the said owner shall, unless otherwise agreed, be the first owner of the copyright in so far as the work relates to the publication or reproduction in the newspaper, magazine or periodical. shall, but in all other respects, be the original owner of the copyright in the work;
(b) subject to the provisions of clause (a), in the case of taking photographs, drawing pictures or portraits, engravings or making films at the initiative of any person and for money, that person shall, unless otherwise agreed, be the first owner of the copyright thereof;
(c) clause (a) or (b) does not apply to the employment of the creator of a work under a contract of employment or apprenticeship while so engaged the employer shall, unless otherwise agreed, be the first owner of the copyright in that work;
(d) in the case of a speech or statement made in public, the person making the speech or statement or the person making the speech or statement on behalf of any other person, the said other person, the person making the speech or statement or the person on whose behalf the speech or statement is made was employed by any other person who, notwithstanding the arrangement of the speech or statement or the place where the speech or statement is made, shall be the first owner of the copyright thereof;
(e) unless otherwise agreed, in the case of a Government work, the Government shall be the first owner of the copyright in that work;
(f) in the case of such work to which section 63 applies, the international organization concerned shall be the first owner of the copyright thereof; And
(g) In the case of information technology-based digital work, the person or organization employing the program to carry out the program shall first own the copyright, unless otherwise agreed between the parties.
(a) In the case of a literary, dramatic or artistic work composed by the author for publication in the newspaper, magazine or periodical while in the employ of the owner of a newspaper, magazine or periodical under a contract of employment or apprenticeship, the said owner shall, unless otherwise agreed, be the first owner of the copyright in so far as the work relates to the publication or reproduction in the newspaper, magazine or periodical. shall, but in all other respects, be the original owner of the copyright in the work;
(b) subject to the provisions of clause (a), in the case of taking photographs, drawing pictures or portraits, engravings or making films at the initiative of any person and for money, that person shall, unless otherwise agreed, be the first owner of the copyright thereof;
(c) clause (a) or (b) does not apply to the employment of the creator of a work under a contract of employment or apprenticeship while so engaged the employer shall, unless otherwise agreed, be the first owner of the copyright in that work;
(d) in the case of a speech or statement made in public, the person making the speech or statement or the person making the speech or statement on behalf of any other person, the said other person, the person making the speech or statement or the person on whose behalf the speech or statement is made was employed by any other person who, notwithstanding the arrangement of the speech or statement or the place where the speech or statement is made, shall be the first owner of the copyright thereof;
(e) unless otherwise agreed, in the case of a Government work, the Government shall be the first owner of the copyright in that work;
(f) in the case of such work to which section 63 applies, the international organization concerned shall be the first owner of the copyright thereof; And
(g) In the case of information technology-based digital work, the person or organization employing the program to carry out the program shall first own the copyright, unless otherwise agreed between the parties.
§ 16Copyrightের স্বত্ব নিয়োগ
(1)The proprietor of the copyright in an existing work or the proprietor of a future copyright in a work may assign the whole or part of that copyright, generally or conditionally, for the whole term or part of the term of the copyright, in favor of any person:
Provided, however, that in the case of an assignment of copyright in a future work, the assignment shall be effective after the work has come into existence and shall not be included in the assignment of such title by performing or publishing any such act or method, if the instrument of assignment specifically mentions such means or method:
Provided further that the creator of a musical work included in a film or drama shall not assign any royalty avoidance rights for the purpose of producing the sound of the film or drama, other than for the purpose of exhibiting it as an integral part of a full-length film, short film or drama, to his legal heirs or a copyright society engaged in the collection and distribution of royalties.
Provided, however, that in the case of an assignment of copyright in a future work, the assignment shall be effective after the work has come into existence and shall not be included in the assignment of such title by performing or publishing any such act or method, if the instrument of assignment specifically mentions such means or method:
Provided further that the creator of a musical work included in a film or drama shall not assign any royalty avoidance rights for the purpose of producing the sound of the film or drama, other than for the purpose of exhibiting it as an integral part of a full-length film, short film or drama, to his legal heirs or a copyright society engaged in the collection and distribution of royalties.
(2)The right or part of the right which the copyright holder specifically gives to any person shall be the owner of that right or the right and the part or amount of right which the grantor himself has not given, he himself shall be the owner of that right.
(3)Subject to the provisions of sub-section (2), on the death of the proprietor of the copyright of a work, his legal heir or successors shall be the proprietors of the said copyright.
(4)If, before the death of the owner of a copyright, he has assigned the right to a work through a lawfully executed will, deed or deed, then the recipient thereof shall be the owner of the amount of rights specified in such will, deed or deed.
(5)After the death of the owner of the copyright of a work, if his legal heir is not entitled to the title in accordance with this section or if he cannot be found, the ownership shall be determined by the Board.
(6)The assignment or transfer of copyright shall be registered by the Copyright Office.
§ 17স্বত্ব নিয়োগের Conditionাবলি
(1)An assignment of copyright in a work shall not be valid unless it is signed by the grantor or his duly authorized representative.
(2)An assignment of copyright in a work must identify the work and state the rights assigned, the term of the rights and the geographical scope of the assignment:
Provided, however, that if the period of assignment of rights is not specified, then it shall be deemed to have been done for the next 5 (five) years from the date of assignment of rights, and if the geographical scope of assignment of rights is not specified, then its scope shall be considered as the whole of Bangladesh.
Provided, however, that if the period of assignment of rights is not specified, then it shall be deemed to have been done for the next 5 (five) years from the date of assignment of rights, and if the geographical scope of assignment of rights is not specified, then its scope shall be considered as the whole of Bangladesh.
(3)The copyright assignment document of a work shall specify the royalty or advance royalty or lump sum payable to the creator or his successor during the validity of the assignment and shall be subject to re-examination, extension or cancellation of the assignment as mutually agreed upon.
(4)In case the assigned owner does not use the right for 1 (one) year from the date of assignment, the assignment of the said right shall be deemed to have lapsed after the expiry of the said period, unless there is anything to the contrary in the assignment document.
§ 18Copyrightের স্বত্ব নিয়োগ বিষয়ক বিরোধ নিষ্পত্তি
(1)If any dispute arises regarding the ownership or assignment of copyright, the Board, after receiving a complaint from the aggrieved party, may, after due investigation, pass an order suitable in its discretion.
(2)If any assignee fails to exercise any right transferred to him and the said failure is not attributable to any act or omission of the grantor, the Board may, after due inquiry on a complaint received from the grantor, cancel the assignment of such right:
Provided thatthe Board shall not pass any order canceling the said copyright, unless the Board is satisfied that the conditions of assignment of the copyright have become too strict for the grantor of the copyright, if he is the creator.
§ 19পান্ডুলিপির Copyright উইলমূলে হস্তান্তর
If a person owns an original manuscript of an unpublished work before the death of the author of a work, unless a contrary intention is expressed in the will or codicil, the amount of copyright in the said work to which the testator was the owner immediately before the death shall be deemed to be included in the copyright bequest.
§ 20প্রণেতার Copyright পরিত্যাগের Right
(1)The author of a work may renounce all or any of his rights in the copyright by giving notice to the Registrar of Copyrights in the prescribed form and such right shall cease from the date of such notice:
provided, however, that such waiver shall not affect any right of any other person in the action as of the date of delivery of the notice of waiver.
provided, however, that such waiver shall not affect any right of any other person in the action as of the date of delivery of the notice of waiver.
(2)On receipt of the notice under sub-section (1), the Registrar shall publish it in the Official Gazette or in such manner as he thinks fit.
§ 21মূল অনুলিপির পুনঃবিক্রয়ের ক্ষেত্রে উহার Valueের বণ্টন
(1)In the case of resale of the original composition, publication or manuscript of any painting, sculpture, sketch, drama, film, music, literature or any other work, the creator of the said work or his heirs, notwithstanding the assignment of ownership of the work concerned, shall be entitled to a share of the resale price of the said work:
Provided, however, that such right shall lapse after the expiry of the copyright of the work.
Provided, however, that such right shall lapse after the expiry of the copyright of the work.
(2)The Board may fix different rates for apportioning the resale value of different classes of works:
Provided thatsuch share shall not exceed 20 (twenty) percent.
(3)Any dispute arising in respect of any proceeding under this section shall be referred to the Board and its decision shall be final.
§ 22প্রকাশিত সাহিত্য, নাটক, সংগীত ও Industryকর্মে Copyrightের মেয়াদ
(1)Copyright in any literary, dramatic, musical or artistic work (other than photographs) published during the lifetime of the author shall subsist during his lifetime and for 60 (sixty) years after his death.
(2)In the case of a joint author of such literary, dramatic or musical work or engraving, or similar work, copyright subsists on the date of the author's death, on or before the date of the death of the latter, but in the case of which the adaptation has not taken place before that date, from the beginning of the year following the first publication of the work or, if an adaptation of the Committee has been published in any previous year, from the beginning of the year following that date 60 Copyright will last for (sixty) years.
Explanation- For the purposes of this section, a literary, dramatic or musical work or an adaptation of such work shall be deemed to have been published if any record made of the said work has been sold or offered for sale to the public.
§ 23চলচ্চিত্রের Copyrightের মেয়াদ
In the case of films of any kind or any length, the copyright shall subsist for 60 (sixty) years after the year in which the work is published.
§ 24শব্দ-ধ্বনি রেকডিং এর Copyrightের মেয়াদ
In the case of any sound recording, the copyright shall exist for 60 (sixty) years after the year in which it was published.
§ 25ফটোগ্রাফের Copyrightের মেয়াদ
In the case of photographs, the copyright will exist for the next 60 (sixty) years after the year in which the photograph is published.
§ 26Information Technology-ভিত্তিক ডিজিটাল কর্মের Copyrightের মেয়াদ
In the case of information technology-based digital works, copyright shall exist for 60 (sixty) years after the year in which the work is first published.
§ 27অজ্ঞাতনামা বা ছদ্মনামীয় কর্মের Copyrightের মেয়াদ
In the case of any literary, dramatic, musical or artistic work published anonymously or pseudonymously, copyright shall subsist for sixty (60) years after the year in which the work was first published, subject to the conditions and limits prescribed by law:
Provided, however, that if the identity of the author is disclosed before the expiry of the said period, the copyright shall exist for 60 (sixty) years following the year in which the author dies.
§ 28Governmentি কর্মের Copyrightের মেয়াদ
In the case of copyright in a public work, the copyright shall subsist for 60 (sixty) years after the year in which the work is first published.
§ 29আন্তর্জাতিক সংস্থার কর্মের Copyrightের মেয়াদ
Article 63 applies to the work of any such international organization, the copyright shall subsist for 60 (sixty) years after the year in which the work was first published.
§ 30সম্প্রচার পুনরুৎপাদনের Right, ইত্যাদি
(1)Every broadcasting organization shall have a special right over the matter lawfully broadcast which shall be called broadcast reproduction right.
(2)The broadcasting organization shall have the right to reproduce the broadcast for a period of 25 (twenty-five) years after the year in which the broadcast was first made.
(3)Notwithstanding anything contained in any other provision of this Act, the copyright in any literature, drama, music, any other work of art or film or sound used in broadcasting shall not be impaired by reason of the right of broadcast reproduction.
§ 31সম্পাদনকারীর Right
(1)Notwithstanding anything contained in any other provision of this Act as to the right of a performer of a work, where a performer appears or engages in a performance, he shall have a special right in respect of such performance to be called the performer's right:
Provided, however, that if the maker and the performer of an act are different persons, the performance shall be performed with the consent of the maker.
Provided, however, that if the maker and the performer of an act are different persons, the performance shall be performed with the consent of the maker.
(2)The right of the executor shall exist for a period of 50 (fifty) years after the year in which the execution is first made.
§ 32মুদ্রণশৈলী সংরক্ষণ এবং উহার মেয়াদ
A publisher shall enjoy the right to grant for commercial purposes the power to make copies of a book by photographic or typographical arrangement for the purpose of publishing an edition thereof, and such right shall exist for a period of 25 (twenty-five) years from the year following the year in which the edition is first published:
Provided, however, that in the case of a literary work, the publisher shall not be entitled to make the typographical arrangement and cover design at any time in accordance with the agreement entered into with the copyright holder by the first owner, unless he is the first owner.
§ 33ফোনোVillage সংরক্ষণ ও উহার মেয়াদ
(1)The music publisher shall enjoy the right to make a copy of any music or sound-sound version for commercial purposes, with or without adding tunes, exactly or by re-arrangement of the tunes in any process, and to broadcast the same, fixed or digital, or in any medium, and such right shall exist for a period of 25 (twenty-five) years from the year following the year in which the version is first published.
(2)Unless otherwise provided by agreement by the composer or performer of the music or sound, the right of the composer or performer of the said music or sound to the fixed royalties on the broadcast thereof shall, notwithstanding the grant of the rights referred to in sub-section (1) to the publisher.
(3)Without prejudice to the right of reproduction and broadcasting of phonograms, the Copyright Society shall take proceedings for the enforcement of the right of the copyright owner and the performer of the prescribed royalty.
§ 34লোকজ্ঞান ও লোকসংস্কৃতির Right
(1)The following expressions of folklore and folklore under this Act shall be protected, namely:-
(a) Oral expression of folk culture;
(b) symbolic or melodic expressions of folk culture;
(c) physical exercise expressions of folk culture;
(d) embodied expressions of folk culture;
(e) vernacular, signs, symbols, etc.;
(f) missing or nearly missing expressions; And
(g) Any new tangible or intangible expression identified.
(a) Oral expression of folk culture;
(b) symbolic or melodic expressions of folk culture;
(c) physical exercise expressions of folk culture;
(d) embodied expressions of folk culture;
(e) vernacular, signs, symbols, etc.;
(f) missing or nearly missing expressions; And
(g) Any new tangible or intangible expression identified.
(2)The term of the expressions referred to in sub-section (1) shall continue for as long as the society or community concerned continues to exist, and in the event of the dissolution of any community the Government shall own that right.
§ 35লোকজ্ঞান ও লোকসংস্কৃতির List সংরক্ষণ
(1)The Government shall maintain a list of identified folklore and folklore.
(2)The Government shall maintain an up-to-date list of identified folklore and folklore, origin-communities of folklore and folklore and recognized communities, organizations, museums, etc. representing them.
§ 36লোকজ্ঞান ও লোকসংস্কৃতির Right Protectionয় করণীয়
(1)The prior permission of the source society or, as the case may be, the government authority engaged in its maintenance, shall be obtained before commercial or non-commercial use of folklore and folk culture.
(2)Prior to the commercial use of any expression of folklore and folk culture, such user, producer or supplier shall enter into an agreement with the source-society specifying the terms and limits of such use and any agreement so executed shall be countersigned by the Copyright Registrar and a copy thereof shall be filed with the Copyright Office.
§ 37অর্থ বণ্টন
The money received under the agreement for the commercial use of folklore and folk culture shall be spent for the purpose of folklore, folk culture and overall cultural development and according to the rules, the money earned shall be distributed among the surviving partners.
§ 38Copyright সমিতির নিবন্ধন
(1)No society shall, without registration under this Act, issue or continue any license in respect of any work in respect of which copyright subsists or any other right granted under this Act:
Provided, however, that the owner of a copyright may continue to have the right to license any of his own works in a manner consistent with the obligations applicable to him as a member of a registered copyright society.
Provided, however, that the owner of a copyright may continue to have the right to license any of his own works in a manner consistent with the obligations applicable to him as a member of a registered copyright society.
(2)Any society may apply to the Registrar, in the manner prescribed by the rules, for the purpose of registration as a copyright society and the Registrar shall verify the said application and submit a proposal to the Government mentioning the identification number.
(3)On the verified application received under sub-section (2), the interests of the authors and owners of other rights under this Act, the public interest and, in particular, the interests and benefits of such bodies of persons who may be candidates for licenses and the qualifications and professional skills of the applicants, the Government may, on the conditions and in the manner prescribed by rule, grant registration to any society as a copyright society:
Provided, however, that the Government shall not ordinarily register more than one society for carrying on activities in respect of the same class of work.
Provided, however, that the Government shall not ordinarily register more than one society for carrying on activities in respect of the same class of work.
§ 39Copyright সমিতির নিবন্ধন Void বা স্থগিত
(1)If the Government is satisfied that any Copyright Society is conducting its activities contrary to the interests of the Copyright Owners, the Government may cancel the registration of such Society after investigation in the prescribed manner.
(2)The Government may, by order, suspend the registration of any society under investigation under sub-section (1) for a period not exceeding 1 (one) year and the Government may appoint 1 (one) administrator to carry out the work of the said copyright society in such cases as it deems necessary in the interests of the copyright owners concerned.
§ 40Copyright সমিতি কর্তৃক মালিকদের Right নির্বাহ, ইত্যাদি
(1)Subject to such conditions as may be prescribed by rule, a copyright society may assume exclusive authority to manage any right in any of its works by obtaining approval from the owner of any right, granting licenses to users of the work, collecting fees or both.
(2)The owner of any right may revoke the authority referred to in subsection (1), without prejudice to the rights of the copyright association under the relevant agreement.
(3)A copyright society may enter into an agreement with such foreign society or organization to carry out the following functions, namely:-
(a) assigning to the said foreign society or organization the responsibility of managing any rights under the administration of the said Bangladesh Copyright Society in any foreign country; And
(b) delegating to Bangladesh the management of any rights under the management of the said foreign association or organization;
Provided, however, that no such association or organization shall discriminate in any way in terms of license conditions or distribution of fees collected for Bangladeshi works and other works.
(a) assigning to the said foreign society or organization the responsibility of managing any rights under the administration of the said Bangladesh Copyright Society in any foreign country; And
(b) delegating to Bangladesh the management of any rights under the management of the said foreign association or organization;
Provided, however, that no such association or organization shall discriminate in any way in terms of license conditions or distribution of fees collected for Bangladeshi works and other works.
(4)Subject to such conditions as may be prescribed, every copyright society shall—
(a) grant a license and collect a fee under section 45 in respect of any right under this Act;
(b) apportion such fees to the owners of the rights after deducting their own expenses; And
(c) perform any other function consistent with the provisions of section 42.
(a) grant a license and collect a fee under section 45 in respect of any right under this Act;
(b) apportion such fees to the owners of the rights after deducting their own expenses; And
(c) perform any other function consistent with the provisions of section 42.
§ 41Copyright সমিতি কর্তৃক রয়্যালটি প্রদান
The Copyright Society shall, subject to rules, devise a scheme for determining the share of royalties payable to each owner of copyright having regard to the number of circulations of a work:
Provided, however, that such amount shall be limited to the number of circulations of the work in the reasonable discretion of the Copyright Society among the owners thereof.
§ 42Copyright সমিতির উপর Copyright মালিকদের নিয়ন্ত্রণ
(1)Every copyright society under the joint control of the owners of copyright, other than the owners of rights managed by a foreign society or organization referred to in sub-section (3) of section 40, in the manner prescribed by the rules—
(a) obtain the consent of the owners of copyright and related rights for the collection and distribution of fees;
(b) obtain the consent of the owners of the said rights to use the fees collected for any purpose other than distribution among the owners of the rights; And
(c) provide such owners with full and detailed information on a regular basis about its activities in relation to the management of their rights;
(a) obtain the consent of the owners of copyright and related rights for the collection and distribution of fees;
(b) obtain the consent of the owners of the said rights to use the fees collected for any purpose other than distribution among the owners of the rights; And
(c) provide such owners with full and detailed information on a regular basis about its activities in relation to the management of their rights;
(2)Fees collected shall be apportioned among the copyright owners, in proportion to the actual use of their works.
§ 43রিটার্ন ও প্রতিবেদন
(1)Every copyright society shall prepare and submit to the registrar, within the period and in the manner prescribed by the rules, all the fees, charges, royalties proposed to be collected for the granting of licenses in respect of all the works for which it has the jurisdiction to grant licenses and submit to the registrar.
(2)Any officer duly empowered by the Government may call for any report or document from the Copyright Society to satisfy himself as to whether the fees collected in respect of rights administered by the Copyright Society are being properly utilized and distributed in accordance with the provisions of this Act.
§ 44Account ও নিরীক্ষা
(1)Every copyright society shall, in the form prescribed for this purpose, keep its accounts and other records in due form.
(2)Accounts of moneys received by the Copyright Society from Government shall be audited by the Auditor-General and Comptroller, and other moneys of the Copyright Society.
Bangladesh Chartered Accountants Order, 1973
(P. O. No. 2 of 1973) shall be audited by a chartered accountant and the money spent on such audit shall be paid by the Copyright Society.
Bangladesh Chartered Accountants Order, 1973
(P. O. No. 2 of 1973) shall be audited by a chartered accountant and the money spent on such audit shall be paid by the Copyright Society.
(3)For the purpose of audit, the Auditor-General or a person authorized by him or a chartered accountant appointed under sub-section (2) may examine all records, documents, cash or bank deposits and other related documents of the Copyright Society and may interrogate any officer or employee of the Society.
§ 45Copyrightের Copyrightী কর্তৃক প্রদত্ত License, ইত্যাদি
(1)The owner of copyright in an existing work or the prospective owner of copyright in a future work may assign any right to copyright by a license signed by him or by his duly authorized representative:
provided, however, that in the case of a license relating to the copyright of a future work, the license shall be effective after the work has come into existence.
provided, however, that in the case of a license relating to the copyright of a future work, the license shall be effective after the work has come into existence.
Explanation- If the licensee of the copyright of a future work dies before the work comes into existence, his legal representative shall, unless otherwise provided in the licence, be entitled to enjoy the benefit of the licence.
(2)The provisions of section 16 relating to the assignment of copyright shall apply mutatis mutandis to the grant of a license under this section.
(3)Any dispute arising in respect of license relating to copyright shall be settled in accordance with the provisions of section 18.
§ 46Copyrightের Obligationমূলক License প্রদান
(1)Within the period of copyright of any Bangladeshi work published or performed, as the case may be, the foreign work, the Board may, on an application, on such terms and in such manner as may be prescribed by rule, grant to the applicant a license to reproduce or perform or broadcast the work, namely:-
(a) the owner of the copyright has refused to reproduce or permit the reproduction of the work, or has refused to permit the work to be performed in public, and the work remains in the public domain by reason of such refusal; or
(b) has refused to allow mass communication by broadcasting such action.
(a) the owner of the copyright has refused to reproduce or permit the reproduction of the work, or has refused to permit the work to be performed in public, and the work remains in the public domain by reason of such refusal; or
(b) has refused to allow mass communication by broadcasting such action.
(2)On receipt of an application under sub-section (1), the Board, after giving reasonable opportunity of being heard to the owner of the copyright in the said work, if satisfied that such refusal would not be in the public interest, or that the reasons for such refusal are not reasonable, the Board may direct the Registrar to grant the applicant a license to reproduce the work or to perform it publicly or to broadcast it. may pay, and may order the copyright owner to pay appropriate compensation.
(3)Where two or more persons make an application under sub-section (1), the Board shall, in the opinion of the Board, direct the grant of the license to the person who best serves the public interest.
(4)Where a license is directed under sub-section (2), the Registrar shall, in accordance with the directions of the Board, issue the license to the applicant on payment of the prescribed fee.
§ 47অপ্রকাশিত বাংলাদেশি কর্মের Obligationমূলক License
The Board may, on conditions and in such manner as may be prescribed by rules, grant to any applicant a compulsory license for undisclosed Bangladeshi work.
§ 48অনুবাদ বা অভিযোজন তৈরি ও প্রকাশের License
The Board may, on the conditions and in the manner prescribed by rule, grant to any applicant a license to make and publish a translation or adaptation.
§ 49কতিপয় উদ্দেশ্যে কর্ম পুনরুৎপাদন এবং প্রকাশ করিবার License
The Board may, on such conditions and in such manner as may be prescribed by rules, grant to any applicant a license for the reproduction and publication for sale of any literary, dramatic, musical, pictorial or related work.
§ 50সাহিত্য, সংগীত, চলচ্চিত্র ও শব্দ-ধ্বনি Recordিং, ইত্যাদি সাংস্কৃতিক কর্মের সম্প্রচার License
The Board may, on conditions and in such manner as may be prescribed by rule, grant a license to any broadcasting organization to broadcast, display or perform cultural content of any published literary or musical work, film and sound recording.
The Copyright Act, 2023 is the most recent and comprehensive legislation protecting intellectual property rights in literary, artistic, musical, and dramatic works in Bangladesh. It applies to original works of authorship created by Bangladeshi citizens and to works first published in Bangladesh, and it grants protection to foreign works under international copyright conventions to which Bangladesh is a party. The Act repeals and replaces the Copyright Act, 2000, and modernises the framework to address digital and technological developments. It establishes copyright protection for the life of the author plus 60 years after the author's death, or 60 years from first publication for anonymous works, cinematograph films, sound recordings, photographs, and broadcasts. Key mechanisms include the exclusive rights of copyright owners to reproduce, distribute, perform, display, and adapt their works, and moral rights of authors to attribution and integrity. The Act provides for the registration of copyrights with the Copyright Office, the establishment of the Copyright Board to adjudicate disputes, and the power of the government to grant compulsory licences for certain uses. Notable provisions include enhanced protection for digital works, provisions against circumvention of technological protection measures, and criminal penalties for copyright infringement including imprisonment and fines. Neighbouring rights (performers', producers', and broadcasters' rights) are also protected. The Act is currently in force and represents Bangladesh's commitment to international copyright standards.