PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
The Ordinance also safeguards the moral rights of authors. Under Section 62, an author may restrain or claim damages for any distortion, mutilation or modifi - cation of a work that is prejudicial to the author’s hon - our or reputation, regardless of whether the economic rights in the work have been assigned. While synchronisation rights are not expressly defined under the Ordinance, the use of musical or other copyrighted works in synchronised formats requires the prior licence or consent of the relevant copyright owner(s). 3.5 Term of Protection and Termination For a work that was created and has been expressed in a tangible form for the first time, the copyright pro - tection commences from the moment of its creation, and is ordinarily given a term that extends across the author’s lifetime plus an additional 50 years after the author’s death. In the case of a joint work prepared by two or more authors who did not work for hire, the term lasts for 50 years after the last surviving author’s death. For works made for hire and for anonymous and pseudonymous works, the duration of copyright is 50 years from publication. 3.6 Collective Rights Management Systems Collective rights management in Pakistan is governed by Sections 31 to 34 of the Copyright Ordinance, which regulate performing rights societies responsi - ble for licensing public performances and collecting royalties. These provisions establish a structured and legally enforceable framework for setting and admin - istering fees, ensuring transparency and balancing the interests of right-holders and users. At present, music rights in Pakistan are managed collectively through the Collective Organization for Music Rights (COMP). 3.7 Copyright Registration In Pakistan, copyright protection arises automatical - ly upon the creation of a work in tangible form, and registration is not mandatory. However, registration serves as formal evidence of ownership and strength - ens enforcement. Registered copyright owners enjoy exclusive rights to reproduce, publish, perform, com - municate, adapt, broadcast, sell, license or assign the work, and to restrain unauthorised use and initiate legal action for infringement.
Any individual or legal entity may apply for copyright registration, and foreign applicants may do so through a local attorney. Once approved, the work is entered in the Register of Copyrights maintained by the Reg - istrar, which records details of the work, authors, pub - lishers and owners. While certified copies or extracts may be obtained upon payment of the prescribed fee, the Register is not currently accessible online. 3.8 Copyright Application Requirements Copyright registration in Pakistan is governed by the Copyright Ordinance and the Copyright Rules. The Copyright Register is divided into four categories under which applications are filed according to the nature of the work: • literary, dramatic and musical works; • artistic works; • cinematographic works; and • records. Registration requires filing Form II with full applicant and work details, along with prescribed supporting documents, including statements of particulars where applicable, copies of the work, declarations of origi - nality, and evidence of ownership or assignment such as NOCs or affidavits in cases of commissioned or collaborative works. A notarised power of attorney is required if the application is filed through an agent, along with payment of the official fee. Applications are filed at the Copyright Registrar’s Office in Karachi or IPO offices in Lahore, Peshawar or Islamabad, with one application per work. For artistic works, an advertisement must be published in an Eng - lish or Urdu newspaper within the prescribed time and copies submitted to the Registrar, and notice must be given to any interested or disputing parties. Fees vary by category and are subject to revision; as of 2023, official costs were generally under USD100. 3.9 Refusal of Registration A copyright application in Pakistan may be refused primarily for lack of originality or failure to be fixed in a tangible medium of expression, as copyright protects the expression of ideas and not the ideas themselves. Protection is not available for unfixed works, abstract ideas, systems, methods, principles, discoveries or
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