1.     1.Define copyright?

‘’ Copyright is such form of intellectual property where the exclusive right is granted to the author ,creator and owner of artistic work over his creation for the purpose to distribute ,reproduce ,display, perform and license his artistic work ‘’

2.     2.Relevant Laws to copy right?

1.       On international Level.

1. Art 27 [2] of UDHR

2. Art 15 [1] [c] of ICESCR

3. Berne convention 1886

4. WIPO Convention 1967

2.       On Domestic Level.

1. Copy right ordinance 1962

2. Art 260 of COP 1973

3. Intellectual property organization act 2012

3. Tenure of copyright.

·         Copyright is not the perpetual succession

·         Copyright remain enforceable during the life of creator and further 50 years after death of creator.

Ø  Purpose.

Ø  The legal heirs of creator able to avail benefit from creation of creator.

4. Subject matter of Copyright.

Ø       The copyright protection can be granted for.

1.       Literature works ‘’includes’’ novels, play, poems, reference work, newspaper and computer program.

2.       Databases

3.       Films ,musical composition ,songs and choreography

4.       Artistic works ‘’ includes’’ paintings, drawings, photographs and sculpture.

5.       Architecture

6.       Advertisement, maps and technical Drawings.

5. subjects for which Copyright are not granted.

Ø       The copyright protection cannot be granted for following things includes.

1.       Ideas

2.       Procedures

3.       Mathematical concepts

4.       Title, slogan and logo etc. . . .

6. Procedure for Registration of copyright.

1. Application submission /filling.

1. Who can file application?

1. The author, creator and owner of the artistic work -u/s 39 of C.O 1962

2. Any person who acquire interest in copyright work by assignment and license –U/S 40 OF C.O 1962.

2. Format and subject matter of application

Ø      The application must be in prescribed form .U/S 39 AND 40 OF C.O 1962

Ø      And the application can be made for the

1.       1.Literature works ‘’includes’’ novels, play, poems, reference work, newspaper and computer program.

2.       2.Databases

3.       3.Films ,musical composition ,songs and choreography

4.      4. Artistic works ‘’ includes’’ paintings, drawings, photographs and sculpture.

5.       5. Architecture

6.      6.  Advertisement, maps and technical Drawings

       3. Must be accompanied with fees – U/S 39 AND 40 OF C.O 1962

·         The application for the registration of copyright must be accompanied with the prescribed fees

·         Note –when the license and the person who acquire interest in copyright by assignment file application for copyright registration then along with the fees they also submit the original and certify copy of that instrument on that base they hold interest in copyright work.

2. Examination of Application .U/S 39 OF C.O 1962

·        After the submission of application the registrar of copyright examine the application

·        And if the application are according to the provision of C.O 1962 then accept the application for publication in copyright journal.

3. Advertisement in Newspaper .U/S 39 OF C.O 1962

·        When the application are accepted then that is the mandatory duty of the applicant to advertise the copyright Draft in newspaper

·        And after advertisement to deliver the 2 copies of that advertisement to Register.

·        And the tenure for advertisement is 1 month and extended time by Register commence after the filing of application so, the applicant is duty bound to advertise the draft of copyright within 1 month after filing of application.

4.     Objections .U/S 39 OF C.O 1962

·        After the filing of application the objection regarding to copyright registration can be raised within 1 month or further time period not extend to 2 month.

·        And if any objection raised by party during publication of application then answer is given to on that objection.

·        The objection can may be of such  nature includes .-‘’ THESES GROUNDS ARE SELF MADE’’

1.       Fees of application are not properly paid.

2.       The application copyright work is similar to already registered copyright work.

3.       The applicant is not entitling to made application.

4.       The registration of copyright would be infringement of already registered copyright work.

5.     Certificate .U/S 39 OF C.O 1962

·        When all the objections are satisfactory  answer and no objection are pending then the registrar record the

1. Name and address of the applicant

2. Particular of their work

·        In his register and issue the certificate of Registration.

6.     Time span.

·        Due to large number of registrations, the total time span for registering a copyright in Pakistanis 1 to 2 Years.

7. Legal effect of Registration.

1. Right to sue in case of infringement.

2. right of exclusion over his artistic creation.

3. Right to assign and license his artistic creation to other.

4. Right to benefit from his artistic creation.