Copyright Ordinance 1962: IT/Software Amendments
AI brief
The Copyright Ordinance, 1962 (XXXIV of 1962) is Pakistan's primary legislation governing intellectual property rights in creative works. The Ordinance was amended to explicitly include computer programmes within the definition of 'literary work' under Section 2(p), covering programmes recorded on discs, tapes, or other storage devices. Copyright subsists in original literary, dramatic, musical, artistic works, cinematographic works, and records under Section 10. The Ordinance establishes that authors are first owners of copyright, with employers acquiring rights for works made in the course of employment under Section 13(c). Penalties for infringement include imprisonment up to two years and fines up to Rs. 100,000 under Section 66, with enhanced penalties for subsequent offences under Section 70B. The Ordinance provides for civil remedies, criminal penalties, and enforcement mechanisms including police seizure powers under Section 74.
Key questions answered
How does the Copyright Ordinance protect computer software in Pakistan?
Under Section 2(p), computer programmes are explicitly defined as 'literary works' under the Ordinance. This means software recorded on discs, tapes, perforated media, or other storage devices that can reproduce information when fed into a computer receives full copyright protection as a literary work under Section 10, including exclusive rights to reproduce, publish, translate, and adapt the programme under Section 3(a).
Who owns the copyright in software created by an IT company's employees?
Under Section 13(c), when a work is created by an author in the course of their employment under a contract of service or apprenticeship, the employer is the first owner of the copyright in the absence of any agreement to the contrary. However, under Section 14(1), if the author is the owner of the copyright, assignments cannot be for more than ten years unless made in favour of government or non-profit institutions, after which copyright reverts to the author.
What are the penalties for software piracy under the Ordinance?
Section 66E specifically addresses unauthorized rental of computer programmes, establishing penalties under Section 66 which include imprisonment up to two years and fines up to Rs. 100,000. Section 66D penalizes making copies in excess of those authorized by the copyright owner. Section 70B provides enhanced fines of Rs. 200,000 for subsequent offences, and Section 74A allows magistrates to award compensation up to 50% of fines to affected rights holders.
What are the exceptions to copyright infringement for software users?
Section 57 provides certain acts that do not constitute infringement. While the full text of exceptions is not included in this excerpt, the Ordinance generally permits fair use for research, private study, criticism, review, and educational purposes. The burden of proof lies with the party claiming the exception. Additionally, Section 9 establishes that no copyright exists except as provided in the Ordinance, while preserving rights to restrain breach of trust or confidence.
How long does copyright protection last for software in Pakistan?
Under Section 18, copyright in published literary works (which includes software) subsists until fifty years from the beginning of the calendar year next following the year in which the author dies. For posthumous works under Section 19, copyright extends fifty years from the year of first publication. Unpublished works fall into the public domain fifty years after the author's death under Section 23(1).
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