Copyright registration in Bangladesh

Copyright Registration in Bangladesh

Copyright in Bangladesh is governed by the Copyright Act, 2000, which provides protection to the creators of original works, including literary, artistic, musical, dramatic works, films, sound recordings, and software. Copyright registration is not mandatory to gain protection, as protection arises automatically when the work is created and fixed in a tangible medium. However, registration provides legal evidence of ownership and can be useful in case of disputes.

Here is a step-by-step guide on how to register copyright in Bangladesh:

Eligibility for Copyright Registration

• Original Works: The work must be original and must be the creator’s own intellectual creation. It can be in any form, including:
  • Literary works (books, articles, etc.)
  • Artistic works (paintings, drawings, sculptures, etc.)
  • Musical works (compositions, songs, etc.)
  • Dramatic works (plays, scripts, etc.)
  • Cinematographic works (films, videos, etc.)
  • Software (programs, applications, etc.)
• Fixation: The work must be fixed in a tangible medium, meaning it must be written, recorded, or otherwise preserved in a form that can be reproduced.

Benefits of Copyright Registration

1. Legal Protection: Provides the creator with the exclusive right to use and exploit the work.
2. Public Notice: Acts as a public record of ownership, which can deter infringement.
3. Proof of Ownership: In case of a legal dispute, a registered copyright serves as evidence of ownership.
4. Ability to Sue: A registered copyright allows the owner to file a lawsuit in case of infringement.

Steps to Register Copyright in Bangladesh

Prepare the Work for Registration

• Ensure the work is original and fixed in a tangible form.
• If the work is a literary, dramatic, or artistic work, you will need to submit a copy or description of the work.
• If it is a musical or cinematographic work, provide the sheet music, recording, or film copy, respectively.
• If it is a computer software work, provide the software code and documentation.

Complete the Application Form

• The application form must be filled out in Form A (for works of authorship) or Form B (for software) prescribed by the Copyright Office in Bangladesh.
• The application will ask for the following information:
  • Title of the work
  • Name of the author(s)
  • Nature of the work (literary, artistic, etc.)
  • Date of creation
  • Nationality of the author
  • Details of the owner (if different from the author)

Submit the Application

• The completed application should be submitted to the Copyright Office under the Department of Patents, Designs, and Trademarks (DPDT).
• You can submit the application online or by physically visiting the DPDT office in Dhaka.

Pay the Application Fee

• The copyright registration fee is based on the type and nature of the work being registered. The fee must be paid at the time of submission.
• You can inquire about the specific fees for your work by contacting the Copyright Office or checking the DPDT website.

Examination of the Application

• The Copyright Office will examine the application to ensure it meets the legal requirements.
• If the application is complete and there are no objections, it will be accepted and processed.

Publication of the Application

• After examination, the Copyright Office will publish the work in the Official Gazette to give public notice of the copyright claim. The work will be registered in the official records.

Issuance of Copyright Certificate

• If the application is approved, a Copyright Certificate will be issued. This certificate serves as legal proof of ownership.
• The certificate will contain the registration number, the date of registration, and details of the work.

Documents Required for Copyright Registration

1. Completed Application Form (Form A or Form B)
2. Copy of the Work (physical or electronic copy depending on the nature of the work)
3. Proof of Identity of the author(s) and the applicant (National ID, Passport, etc.)
4. Fee Payment Receipt
5. Any Additional Documents: If the work is a collective work, you may need to provide evidence of the agreement between the authors.

Copyright Registration Fees in Bangladesh

• The fees for registration may vary depending on the type of work and the number of authors or contributors.
• A general guideline for fees can be obtained from the DPDT office or their website.

It is important to ensure the payment of correct fees for registration, as incomplete payments may delay the process.

Duration of Copyright Protection

• Literary, Dramatic, Artistic, Musical Works: Copyright protection lasts for the lifetime of the author plus 60 years.
• Cinematographic Films: Copyright protection lasts for 60 years from the date of release.
• Software: Copyright protection for computer programs lasts for 50 years from the date of creation.

Enforcement of Copyright

If someone infringes on your copyright, you can:

1. Send a Cease and Desist Notice: Request them to stop using the work without permission.
2. File a Lawsuit: You can file a lawsuit in a civil court for damages.
3. Criminal Penalties: Copyright infringement can also lead to criminal penalties, including fines and imprisonment.