Copyright law of Pakistan

The primary law that regulates copyright in Pakistan is the Copyright Ordinance,1962, which was updated by the Copyright (Amendment) Ordinance, 2000.

Copyright Ordinance, 1962

Objects of copyright

According to section 10 copyright subsists in

• literary works (including computer programmes; excluding speeches)
• dramatic works
• musical works (i.e. any combination of melody and harmony or either of them, produced or reproduced graphically)
• records (i.e. any disc, tape, wire, perforated roll or other device in which sounds are embodied)
• artistic works (i.e. painting, sculpture, drawing, engraving or a photograph, an architectural work of art and any other work of artistic craftsmanship)
• cinematographic works

and includes compilations (s. 3 subs. 3).

Foreign works are covered by section 54 read with the International Copyright Order, 1968.

Owner of Copyright

Typically, the author is the original owner of copyright, although there are exceptions for works created under employment or for the government (see section 13).

The copyright owner has the right to transfer their copyright (as stated in section 14) or provide a license to others for using it (reference to section 35). Additionally, the Copyright Board can issue licenses to republish works that are not available to the public (see section 36). While registering copyright with the Copyright Office is not mandatory, if a work is registered, the Register of Copyrights serves as initial proof of the details recorded.

Meaning of Copyright

Copyright means inter alia the exclusive right

• to reproduce the work
• to publish the work
• to perform or broadcast the work
• to make any translation or adaption of the work (for details see s. 3).

When an author assigns the rights in the intellectual property, he does not assign his moral rights (s. 62).

Copyright infringement

When copyright infringement occurs (see section 56), both the copyright owner and exclusive licensees are entitled to specific civil remedies, including injunctions, damages, and accounting (as outlined in section 60). They can seek these remedies through either the District Judge's Court or the Copyright Board (refer to section 65; compare with sections 46 and 78).

If the copyright owner cannot start formal legal action right away, they or anyone with an interest in the copyright can request immediate provisional orders (see section 60A). Any copies that infringe on copyright are considered the property of the copyright owner, who can then take action to recover them or address their conversion (as stated in section 63). Such infringing copies cannot be imported or exported (see section 65A) and may be confiscated by the police (refer to section 73).

Infringing copyright can also result in criminal charges (sections 66 to 71), which must be handled by a court no lower than a first-class Magistrate (see section 72). The Federal Investigation Agency is authorized to investigate cases involving violations related to government works.