The use of an original expressive work is reserved for its owner under copyright law, subject to certain exceptions. Copyright protects original works such as fiction and non-fiction writing, music, architecture, artistic works, paintings, and sculptures.

Copyright legislation, the Copyright Ordinance, 1962, and its amendments since 1992 have granted recognition and approval to the right to use literary property. These laws grant authors and creators exclusive rights to distribute and sell their works for a limited period.

Are you seeking a law firm that can effectively defend your artwork against the risks and limitations imposed on it? With our extensive experience in Pakistan, we provide copyright legal advice and expertise in filing copyright applications, registration, and securing copyright protection.

Copyright Protection in Pakistan

Original works of authorship are protected by copyright and can be accessed, reproduced, or communicated through any tangible medium, including electronic or mechanical means. This is true for all original works that are fixed in the medium of expression. The following are the categories of literary works:

Literary Works;

Musical works, including any accompanying lyrics;

Any musical compositions that are part of the drama;

Pantomimes and choreographic works;

Pictorial, Graphic, and Sculptural works;

Motion pictures and other audio-visual works;

Sound recordings.

The protection of an original work by copyright does not extend to any idea, procedure, process or system in any form, whether it is described, explained, illustrated, or embodied in such a work.

Common Law Copyright is a property right that an author can use to control the publication of their unpublished work.

Copyright in a literary work can be infringed in several ways.

By reproducing the entire text;

By repeating a section of it;

Either by copying or re-pronouncing the whole or part;

By means of colourisation to reproduce the entire or a portion;

By making it a dramatic piece;

By means of a mechanical mechanism that permits its replication;

In the course of public spectacles,

Through the handling of copies produced or imported in violation of the Copyright Act.

Intellectual creation is considered one of a person’s most valuable assets. Any article or matter that he earns through mechanical labour is always available to him, and the work done by his mind is just as demanding and therefore deserves the law’s protection. Whether copyright is a natural right or governed by statute has been disputed frequently.

The protection period must have been logically unlimited if it is an inherent right.

Know Your Legal Rights

Our job is to handle the registration of copyrights, facilitate licensing agreements, and safeguard worldwide intellectual property rights and infringement. While business is often overlooked, copyright is a cost-effective and effective legal strategy. By defending the publication, computer application and design of innovative ideas, it ensures continued success for technology-based businesses through a strategic copyright program.

SARDAR KHAN & CO’s copyright attorneys are highly experienced in assisting clients with copyright protection and work to identify ownership issues before they occur. Along with assisting clients in registering their original authorship, we can also help establish mechanisms for monitoring and implementing copyright laws. Additionally,

The current state of digital works can pose significant business challenges. We have lawyers who understand the copyright implications of digital media, including software, digitised text and electronic databases, and can explain how this law applies to high-tech companies. Requests or mail orders.

Seeking a Responsive Copyright Law Firm?

Having extensive experience in the pre-law industry, our copyright lawyers are knowledgeable about how sophisticated their clients’ technologies can be. We have a firm intellectual foundation that allows us to cater to various electrical, chemical, mechanical, and biological arts. Examples of technologies include communication systems and protocols, hybrid circuitry, power systems, integrated circuits, transducers, computer-implemented applications, quantum well devices, supercritical fluids (polymers), textiles, and tools and related gadgetry.

As per the firm’s fundamental principle, our associates are committed to providing responsive and courteous service during all phases of copyright prosecution. Let us help you understand how we at our law firm can defend the intellectual property of your company.

Copyright Protection under Copyright Ordinance, 1962

Duration of Copyright

The duration of copyright for a literary, dramatic, musical or artistic work (excluding photographs) is limited to the author’s lifetime and up to 50 years thereafter. For 50 years, the copyright has been enforced on a cinematographic work and a photograph that are released before their calendar year.

Infringement of Copyright

Any means, including direct copying of work that qualifies for protection by copyright (such as a machine or with the use of equipment), violates copyright in the work. According to Ordinance section 56, copyright in a work is considered an illegal act: (i.e.

The Ordinance prohibits individuals from using copyright protection without consent or in violation of licence conditions

The copyright owner has the sole right to perform any actions granted by this regulation; or

Permits the use of any public place for performing work that violates copyright laws, unless there is no indication or suspicion that such performance would be an infringement, and the performer had no reasonable grounds to suspect.

When any person:

Offers goods or services for sale or hire, sells or leases, or trades, or

Offers merchandise or services in a manner that can have an impact on the owner of the copyright, or

Through public exhibitions or other means.

Transferring to Pakistan any unauthorised versions of the work.

Infringement of Computer Programmes

The Ordinance Section 56 restricts computer programme buyers from copying, adapting or making copies of their adaptations for personal use or employment. The unauthorized utilization of any computer program in a computer constitutes infringement of copyright. As a result, if an individual acquires the copyright to rework, he or she has no license to use his copy; the owner of the copied computer may be entitled to prohibit him from using it. Under Section 56, computer programmes can be rented out to anyone who is not authorised. The desire to replicate computer programmes is not a necessary condition for infringement, and the same medium must be used for copying. A computer program stored on diskettes or other magnetic media can be infringed by either printing it out on paper or writing it onto paper.

Liability for Infringement

When a computer programme infringes, the individual who performs any of the specified actions without the permission of its owner is held accountable for the breach.

Remedies for Infringement

In Pakistan, there are two options available for resolving copyright claims: civil proceedings and criminal proceedings. Thus, an individual who has been harmed can initiate legal action for damages, obtain a subpoena, file replaints, and receive reimbursement for the costs of infringing goods. All offences under the Ordinance are considered cognizable and non-bailable, as per section 74(3) of the new Ordinance. Section 59 of the Ordinance allows for the original owner of copyright to bring an action, which encompasses the person who has been granted an exclusive license. Modified Section 65 of the Ordinance requires that all civil suits and other infringement cases, as determined by the applicant, be brought to trial in the Court of the District Judge gov.

The Ordinance’s Amendment Act has amended Section 66 to provide that individuals who intentionally infringe on copyright or other rights to the work, including computer programs, may be subject to imprisonment for up to three years or fines of up to one hundred thousand rupees, or both. This constitutes an offence under the Copyright Ordinance, 1962. Additionally, the Ordinance’s Section 70B mandates that in case of a second conviction for an offence punishable by Section 66, he must pay monetary penalties up to and including imprisonment for three years or more, usually up to two hundred thousand rupees. Furthermore,

The Ordinance’s Section 74(1) has been modified, giving the police more authority to confiscate copies of the work that violate intellectual property rights. If a police officer is convinced that he has committed an illegal act on the same work, they can take into custody all copies of the work and any plates or recording equipment without attribution.

Offences by Companies

According to Section 71 of the Ordinance, individuals responsible for the conduct of the company’s business may be held liable for a particular offence and face consequences. This applies to both companies.