The Copyright Ordinance, 1962

The Copyright Ordinance, 1962
Ordinance No. XXXIV of 1962

An Ordinance to amend and consolidate the law relating to copyright.

1.         Short title, extend and commencement

(1)        This Ordinance may be called the Copyright Ordinance, 1962.
(2)        It extends to the whole of Pakistan.
(3)        It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint.

2.         Definitions.

In this Ordinance, unless there is any thing repugnant in the subject or context:-

(a) "adaptation" means:-
(i)  in relation to a dramatic work, the conversion of the work into a non-dramatic work;
(ii)        in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise.
(iii)       in relation to a literary or dramatic work, any abridgment of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; and
(iv)       in relation to a musical work, any arrangement or transcription of the work;

(b)        "architectural work of art" means any building or structure having an artistic character or design, or any model for such building o structure;

(c)        "artistic" work' means:-
(i)         a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possess artistic quality;
(ii)        an architectural work of art; and
(iii)       any other work or artistic craftsmanship;

(ca)      "audio-visual work" means a work which consists of a series of related images which are intrinsically intended to be shown by the use of a machine or device, such as a projector, viewer or electronic equipment,  together with accompanying sound, if any, regardless of the nature of the material object, such as film or tape, in which the work is embodied;'';

(d)        "author" means:-
(i)         in relation to a literary or dramatic work, the author of the work;
(ii)        in relation to a musical work, the composer;
(iii)       in relation to an artistic work other than a photograph, the artist;
(iv)       in relation to a photograph, the person taking the photograph;
(v)        in relation to a cinematographic work, the owner of the work at the time of its completion; and
(vi)       in relation to a record the owner of the original plate from which the record is made, at the time of the making of the place;
(e)        "Board" means the Copyright Board constituted under section 45;
(f)         "book" includes every volume, or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan, separately printed or lithographed, but does not include a periodical or newspaper;
(g)        "calendar year" means the year commencing on the first day of January;
(h)        "cinematographic work" means any sequence of visual images including video films  of every kind, recorded on material of any description (whether translucent or not), whether silent or accompanied by sound, which, if shown (played back, exhibited) conveys the sensation of motion;
(ha)      "copy" includes any material object in which a work is fixed by any method and from which the work can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device;
“(hb)    counterfeit copy" means a copy which is an imitation of another copy and appears to be, but is not, genuine;";

(i)         "delivery" in relation to a lecture, includes delivery by means of any mechanical instrument or by broadcast or telecast;

recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematographic work;

(k)        "engravings" include" etchings, lithographs, woodcuts, prints and other similar works, not being photographs;

(l)         "exclusive license" means a licence which confers on the licensee or on the licensee and persons authorized by him, to the exclusion of all other persons (including the owner of the copyright), any right comprised in the copyright in a work and "exclusive licensee" shall be construed accordingly;
                       
(m)       "Government work" means a work which is made or published by or under the direction or control of:-

(i)         the Government or any department of the Government; or

(ii)        any court, tribunal or other judicial or legislative authority in Pakistan;

(n)        "infringing copy" means,-

(i)         in relation to a literary, dramatic or artistic work, a reproduction thereof otherwise than in the form of a cinematographic work;
(ii)        in relation to cinematographic work, a copy of the work or a record embodying the recording in any part of the sound track associated with the film;
(iii)       in relation to a record, any record, embodying the same recording; and
(iv)       in relation to a programme in which a broadcast reproduction right subsists under section 24, a record recording the programme:

if such reproduction, copy or record is made  or imported in contravention of any of the provision of this Ordinance;

(o)        "lecture" includes address, speech and sermon;

(p)        "literary work" includes works on humanity, religion, social and physical sciences, tables "compilations and computer programmes, that is to say programmes recorded on any disc, tape, perforated media or other information storage device, which, if fed into or located in a computer or computer-based equipment is capable of reproducing any information"

(q)        "manuscript" means the original document embodying the work, whether written by hand or not;

(r)        "musical work" means any combination of melody and harmony or either or them, printed, reduced to writing or otherwise graphically produced or reproduced;

(s)