COPYRIGHT LAWS RELATING TO THE RIGHTS OF THE AUTHOR

Md. Mizanur Rahman : Copyright is the rights given to the creators for their literary and artistic works. Typically, it is the safeguard of the authors that gives legal assistance when the authors rights be infringed. The concept of Copyright has been developed about one thousand five hundred years ago. In the sixth century, an Irish monk named St. Columba of Northern Ireland once borrowed a religion music book named “Vulgate” from his teacher St. Finian. Columba secretly copied it with the intention of making it for his own use.  Although Finian later claimed the ownership of his book, but Columba refused to accept it. Finally, the matter reached the court of the Irish king Diarmait mac cerbhiall. The king gave a landmark judgment, “The Every Cow its calf; to every book its copy.” In other words, every copy of the books belonged to the work of the original work.  This is the first official recognition of Copyright.

In 1847, during the period of East India Company, the first copyright act was enacted. That time the total tenure of copyright was the lifetime of the author plus 7 years or 42 years. The then British government had the power to give the publishing license even after the death of the author, although the successors of the author refused to give permission. By replacing the previous act, the copyright act 1957 came into force that had made a lot of amendment such as provision for setting up copyright office under the control of the Registrar of copyright for the registration of books and other works of art. Moreover, in order to resolve the copyright related disputes, it established a copyright board also. In 1962, The Copyright Ordinance was made by amalgamating the different copyrights laws. It existed up to 1999.

In 2000, the Bangladesh Copyright Act, 2000 was enacted consisting with the international standards. In 2005 this act was amended again. The Bangladesh copyright act contains different provisions relating to literature related rights, dramatic rights, musical rights, artistic rights, computer programs and digital media, sound recording rights, broadcasting rights, performer’s rights, phonograms rights etc.

According to the section 2 (24) of Bangladesh Copyright act, to get the copyright protection, the author must prove the originality of his/her creation. Moreover, to get the copyright protection, the work must be published in Bangladesh. If it is not published in Bangladesh, but the author is from Bangladesh, then it will be considered as a work of Bangladesh. If any author of India wants to get the copyright in Bangladesh, then the work must be published in Bangladesh. Again, if any author (foreigner) died in Bangladesh, then the work where ever is published, will be considered published in Bangladesh. Again, if any work is published in Bangladesh and in foreign country simultaneously, then it will be considered to be first published in Bangladesh.

In Bangladesh Copyright Law “registration” is not compulsory. But it is also true that when any dispute arises the copyright registration of literary, dramatic or artistic work is considered as prima facie evidence. In our country, the copyright infringement is a cognizable offence and is punishable with imprisonment for a period of extending 6 month to 4 years and a fine ranging from Tk. 50,000/- to Tk. 2, 00,000/-

But still, as technology develops, the malpractice of copyright violation is also increasing at an alarming rate. At present almost, everyone in Bangladesh has a smartphone. As a result, a book is being scanned on a mobile phone and it is being spread all over the world in a matter of moments. And once someone uploads anything in the internet, it lost completely in the web. Moreover, there are several fake websites, from which the readers can read and download books for free. As a result, authors and publishers are sometimes hesitant about the actual number of books printed. However, Nilkhet in Dhaka is known all over the world for fake books. A book is bought through online and copied from it and sold it to the readers at a very cheap price.  As a result, instead of ensuring the real royalty, the authors are being deprived of their fair rights.

But the most mentionable issue is that the Copyright act seems to be outdated as it does not offer any provision to deal with online copyright piracy. Moreover, this act does not have any principle on “Prohibition of anti- circumvention” and “Digital Right Management of the WIPO internet treaties to control the unauthorized access as well as to copy the copyrighted materials. The copyright system of our country has been failed to develop a standard framework for the equitable royalty of the stakeholders of the printing industry. The Law enforcing agency gives comparatively less priority to the copyright infringement cases. Even they are not fully acquainted with the copyright law issues. The penalties of copyright infringement are very much inadequate.

But still the happiest news is that our honorable High Court has given some remarkable judgements or orders in favor of the authors in many copyright related cases. Sheikh Abdul Hakim who once wrote for the “Sheba Prokashoni” and used to get money from the publishers. Kazi Anwar Hossain, the publisher of the Sheba Prokashoni wrote 6 books of the “Masud Rana” series where 260 books were written by the Sheikh Abdul Hakim. But Kazi Anwar Hossain published these 260 books by his own name, instead of Sheikh Abdul Hakim’s name.Sheikh Abdul Hakim filed a case against Kazi Anowar Hossain in the Bangladesh Copyright Office under the section 71 & 89 of Bangladesh Copyright Act claiming the authorship of his 260 books of the “Masud Rana” series and 50 books of the “Kusasha” series. The High Court gave an excellent role in favor of Sheikh Abdul Hakim after hearing the writ petition of writer Kazi Anwar Hossain. The High Court declared Sheikh Abdul Hakim as the first author of 260 books of the  “Masud Rana” series and 50 books of the “Kuasha” series. Again in the dispute between Mohammad Ali (publisher of “Lalon Shongit” and “Haolader Prokashoni”-the copyright office granted the claim of publisher Mohammad Ali. The copyright office favored Publisher Mohammad Ali because the book titled “Lalon Shongit” has been registered in the copyright office and Kakoly Khatun; the niece of Fakir Anowar Hossain Montu has the full right on this book. But by changing the cover Hawlader Publication of Bangla Bazar, Dhaka also published the same book keeping the same name. The Copyright office rejected the arguments of “Hawlader Prokashoni”, Dhaka and favored Mohammad Ali’s arguments.

Finally, in order to strengthen the Copyright Law an anti-piracy force should be established and it should take prompt actions against copyright infringement issues. The police force should be given sufficient power so that they can seize the pirated copies of the books. There should be a standard structure of royalty so that the authors may get their exact royalty from the publishers. The selling of pirated books in the library should be stopped. Moreover, necessary infrastructure should be developed on urgent basis to ensure the prompt and cheap resolutions of copyright infringement disputes.

The writer is an Advocate of Cumilla Judge’s Court.