How to Get Copyright in Bangladesh

A copyright registration creates a public record for your work, which can assist one in claiming ownership and is necessary if you ever need to sue for copyright infringement for your hard-earned creation. When a work contains a valid copyright notice, an alleged infringer cannot claim in the court that s/he wasn’t aware that the work was copyrighted. That leaves you with a greater rights/chance to win a copyright infringement lawsuit and spend much less litigating in the process by registering for a copyright. A work becomes copyrighted when it is fixed in a tangible medium of expression.

 

There are categories of work that fall under this definition:

 
– Dramatic works, including the accompanying music
– Pantomimes and choreographic works
– Pictorial, graphic and sculptural works
– Literary works
– Musical works, including the accompanying words
– Motion pictures and other audiovisual works
– Sound recordings
– Computer software
– Architectural works

These are types of work unable to obtain copyright protection:

 
– Works not fixed in a tangible form of expression (ex. something said but not recorded)
– Ideas, methods, principles and systems
– Titles, names, and slogans
– Works found in the public domain
– Works that are strictly informational and contain no authorship
– Government works

Overview of Copyright in Bangladesh

Copyright in Bangladesh is governed primarily by the Copyright Act, 2000 and the Copyright Rules, 2010. These laws grant creators exclusive rights to their original literary, artistic, dramatic, and other creative works. By registering a copyright, the owner can establish a public record of ownership, which helps in protecting and enforcing their rights. Although copyright protection automatically applies upon the creation of an original work, formal registration provides significant legal benefits, including serving as legal proof of ownership and easing enforcement actions in case of infringement.

Types of Copyrightable Works

Copyright protection in Bangladesh extends to various types of works, including:

Literary Works: Books, novels, poems, articles, computer programs, and databases.

Artistic Works: Paintings, drawings, sculptures, photographs, maps, and architectural designs.

Dramatic Works: Plays, scripts, choreography, and dance performances.

Cinematographic Works: Films, documentaries, and videos.

Musical Works: Songs, musical compositions, and arrangements.

Sound Recordings: Audio recordings, such as albums and spoken word.

Software: Computer programs and applications.

 

Copyright Registration Process in Bangladesh

The process for registering a copyright in Bangladesh involves several steps to ensure that the work is legally recognized:

1  Application Submission: Applicants must fill out the copyright registration form, available from the Bangladesh Copyright Office. This form should contain complete details about the creator and the work being registered.

2. Supporting Documents: Copies of the work (e.g., manuscripts, audio files, photographs) must be provided as supporting evidence.

3. Payment of Fees: Fees vary depending on the type of work being registered.

4. Office Review: After submission, the application undergoes a review to ensure completeness and accuracy. If all is in order, the Copyright Office proceeds with the examination.

5. Issuance of Certificate: Once approved, a copyright certificate is issued to the applicant. This serves as proof of the registered work and grants the copyright holder exclusive rights over its use and distribution.

Copyright registration is not mandatory in Bangladesh, but it significantly strengthens the legal standing of the copyright holder, allowing for easier enforcement in case of disputes.

Legal Obligations and Protection

Copyright holders in Bangladesh enjoy several rights and protections, including:

Exclusive Use: The right to control reproduction, distribution, public performance, and adaptations of the work.

Enforcement Rights: Registered copyright owners can initiate both civil and criminal proceedings in case of infringement. Civil remedies may include injunctions, damages, and recovery of profits made through unauthorized use.

Police and Border Measures: Law enforcement authorities can seize infringing copies, and customs officials can prevent the import of infringing items.

Advantages of Copyright Registration

Registering a copyright provides numerous benefits:

Legal Proof of Ownership: Establishes an official public record, aiding enforcement actions.

Public Notice: Helps prevent unauthorized use by notifying the public of the copyright claim.

Court Proceedings: Registration is often required before bringing a lawsuit for infringement.

Licensing and Transfer: Registered copyrights can be more easily licensed, assigned, or transferred, creating opportunities for monetization.

International Protection: By registering in Bangladesh, the work may also benefit from protections under international conventions, such as the Berne Convention and TRIPS, to which Bangladesh is a party.

Enforcement of Copyright in Bangladesh

The enforcement of copyright is crucial for protecting creators against unauthorized use:

Civil Remedies: The copyright holder can pursue damages and seek injunctions to stop infringing activities.

Criminal Penalties: Infringers may also face fines and imprisonment for willful violations.

Court Jurisdiction: Cases of infringement are generally heard in the District Court where the plaintiff resides or does business, while appeals are handled by the High Court Division of the Supreme Court of Bangladesh.

Copyright in the International Context

Bangladesh is actively involved in the global intellectual property landscape, being a signatory to major international treaties such as the Berne Convention, the Universal Copyright Convention, and the TRIPS Agreement. This affiliation obligates Bangladesh to align its national laws with international standards, providing copyright owners broader protection beyond national borders.

Legal Support for Copyright Matters

LegalSeba offers a wide range of copyright services, including registration, enforcement, litigation, licensing, and advisory services on copyright-related contracts. They provide assistance with the entire registration process, help clients navigate legal complexities, and ensure that copyrights are adequately protected both locally and internationally.

For legal support or to initiate a copyright registration, it’s recommended to contact specialized law firms, as they can assist in preparing the necessary documentation and guide clients through the process effectively.

Why Choose LegalSeba.com for Copyright Registration in Bangladesh?

Expertise: Our team possesses in-depth knowledge of Bangladeshi copyright law, providing expert guidance through the entire registration process to secure your creative rights effectively.

Efficiency: We streamline the copyright registration process, reducing administrative hurdles, and ensuring timely submission and approval of all required applications and documents.

Compliance Assurance: We conduct comprehensive compliance reviews to ensure all regulatory requirements are met, minimizing the chances of objections or refusals from the authorities.

Personalized Service: Our customized approach addresses the specific needs of each client, offering dedicated support and tailored solutions for copyright registration and protection.

Contact Us

To learn how LegalSeba.com can help you with copyright registration and protection in Bangladesh, please contact us at:

Phone/WhatsApp: +8801753718223

Email: support@legalseba.com

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