Copyright is the exclusive right given to the creator of a creative work to reproduce the work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. Under copyright law, a work is considered original if the author created it from independent thinking void of duplication. This type of work is known as Original Work of Authorship (OWA). Anyone with an original work of authorship automatically has the copyright to that work, preventing anyone else from using or replicating it. The copyright can be registered voluntarily by the original owner if he or she would like to get an upper hand in the legal system if the need arises. In Bangladesh, Copyright Office is responsible maintaining the register of copyrighted works. Any application for registration, transfer, abandonment, modification of register should be made to the Registrar.

REGISTRATION

An application for copyright should be supported by the following documents:

• A completed application form

• Treasury chalan

• Copies of the work to be registered

• Transfer deed of work in stamp paper (if applicable)

• Legal paper (Okalat nama) (if a lawyer submits the application form on behalf of the author)

Once the Registrar received any application for copyright, s/he shall serve notice of the concerned application to every person who has any interest in the subject matter of that application. If the Registrar receives any objection s/he may after holding such inquiry as s/he deems fit, enter such particulars of work in the register of copyright, which s/he considers proper.

After registration, the Registrar shall sends copies of the entries made in the register to the parties concerned.

TRANSFER OF COPYRIGHT

Copyright may be assigned, transferred or licensed. The Copyright Office has prescribed form for transfer.

REMEDIES AGAINST INFRINGEMENT

There are three kinds of remedies against infringement of copyright, namely:

CIVIL REMEDIES

The owner of the copyright can bring civil action in which reliefs such as Anton Pillar Order (Search Order) injunction, accounts and damages can be sought. A suit or other civil proceedings relating to infringement of copyright is to be filed in the Court of District Judge, within whose jurisdiction the plaintiff resides or carries on business or where the cause of action arose irrespective of the place of residence or place of business of the defendant

CRIMINAL REMEDIES

Criminal remedies provides for the imprisonment of the accused or imposition of fine or both, seizure of infringing copies etc. Criminal proceedings are available in order to punish the persons who have violated the copyright law.

ADMINISTRATIVE REMEDIES

Administrative remedies consist of moving to the Registrar of copyrights to ban the import of infringing copies into Bangladesh, when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright.