BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
Joint Authorship Joint authorship arises when two or more contributors create a single work with interdependent or insepara - ble contributions. This demands substantial contribu - tions with an intention that each author’s input forms inseparable parts of the whole. Independent or non- interdependent contributions may not qualify. Each joint author has the right to exploit the entire work, accounting for profits to other joint authors. Unless agreed otherwise, joint authors can indepen - dently exploit the work. Determining ownership per - centages in joint authorship can be intricate, relying on the nature of the various contributions. In the absence of an agreement, equal ownership may be presumed, but parties can negotiate varied ownership shares. 3.4 Copyright Rights In Bangladesh, under the Copyright Act, 2023, cop - yright owners hold a set of exclusive rights. These rights encompass: • the exclusive right to reproduce the work in any material form; • the exclusive right to distribute copies of the work to the public; • the exclusive right to perform the work in public; • the exclusive right to display the work in public; • the exclusive right to communicate the work to the public by broadcasting; • the exclusive right to create derivative works or adaptations based on the original work; and • moral rights, such as the right of attribution and the right of integrity. 3.5 Term of Protection and Termination In Bangladesh, copyright protection is generally based on the author’s life plus a specified number of years. The Copyright Act, 2023 specifies the following dura - tions: • the standard term is life plus 60 years; • for anonymous or pseudonymous works, it is 60 years from publication; • posthumous works are protected for 60 years from publication; and
• corporate or government works (ie, works by public entities) are safeguarded for 60 years from publication. It is crucial to understand that copyright protection is finite, and works enter the public domain after the specified term. 3.6 Collective Rights Management Systems Bangladesh has implemented collective rights man - agement systems, mainly for music and performing rights. These systems oversee the collective adminis - tration of copyright owner rights. The primary organi - sation overseeing music rights is the Bangladesh Copyright Office (BCO). It is crucial to acknowledge potential alternative mechanisms for other creative sectors, as the legal landscape may change, intro - ducing new organisations or systems. 3.7 Copyright Registration Copyright registration in Bangladesh is not mandato - ry for copyright protection qualification. Protection is automatically granted upon creating a qualifying work; registration is not a prerequisite for basic copyright rights. Despite this, registration offers benefits: • it creates a public record, serving as prima facie evidence of copyright validity; • it is a prerequisite for legal action in civil court for copyright infringement; and • registered copyright may be prioritised in disputes. The BCO maintains the copyright register. The regis - ter may not be publicly available online; access may involve contacting the BCO. Local and foreign appli - cant individuals and legal entities – including authors and creators – can register. In Bangladesh, specific legal requirements for a copyright notice are absent, and the use of copy - right symbols is not obligatory for protection validity. Nonetheless, employing such symbols or notices can enhance clarity over rights ownership. Key points on notices and symbols include that Bangladesh does not mandate special copyright notices on works and that, though not legally required, a notice can inform the public about copyright existence and the owner’s identity.
37 CHAMBERS.COM
Powered by FlippingBook