Published on 12:00 AM, January 07, 2023

FOR YOUR INFORMATION

Steps involved in registering copyright

Copyright refers to a bulk of exclusive rights of the author or creator of any literature, dramatic, artistic, and musical works, cinematographic and different recordings, etc. Copyright can be identified with the help of the copyright sign, 'C' enclosed in a circle. To protect the rights of copyright in Bangladesh introduced by the Copyright Act 2000, the following steps are to be followed in order to register copyright. 

Filing application for registration

The process of registration is initiated by filing an application to the office of Copyright. Due to the digitalisation of the copyright process, creators or authors can submit their registration applications online by themselves without any kind of hassle.

Examination of copyright work

Upon application, the Copyright examiner shall call the owner of the work to examine the authenticity of the copyrighted work. It is the responsibility of the owner of the work to prove the authenticity of their copyright works. The Copyright examiner shall justify the statements of the owner with the documents provided to them for copyright. 

Issuance of copyright certificate

Finally, upon the satisfaction of the examiner and registrar concerning the copyright works, the registrar would send the file for further process of certification. A certificate is issued as proof of registration of the particular work in the Copyright Office. The Registrar is also empowered to mend "clerical errors or obvious mistakes" even after the issuance of the certificate as per section 58. The whole process shall take almost 45-60 days if there are no difficulties found in the copyright works. The Certificate of Copyright shall be issued within the stipulated timeframe. 

Term of registration

The initial registration subsists for sixty (60) years from the date of registration of the copyright. Chapter five of the Copyright Act 2000 clearly mentioned the term of registration for the copyright of different works.

Remedies against infringement

Chapter 14 and 15 of the Copyright Act 2000 has identified three types of remedies against the violation of the copyright. Firstly, the owner may seek civil remedy in the form of damages or injunction to protect the right by filing a civil suit. Secondly, if anyone has committed any offence under this Act, criminal proceedings can be initiated against them. Finally, the administrative remedy by which the victim may ask for a remedy against the registrar of copyright under section 74 of the said Act.

Although registration of copyright is not a mandatory process for enjoying or enforcing the copyright in case of any violation, it is useful to prove the prima-facie evidence of becoming the owner of an intellectual work.

The writer is currently working as an Associate of L.A.W-Legal and Arbitration Wizards.