PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
• Literary works are defined as works on reli - gion, humanity, physical and social sciences, table compilations and computer programs. “Programs” include reproduction of any infor - mation by devices such as disc, tape, perfo - rated media or other any other device that is capable of storing or reproducing information after it is fed into or located on a computer. • Musical works include printing, alteration in writing or otherwise graphical production or reproduction of melody and harmony, or both. • Dramatic works contain any piece of cho - reographic work or entertainment in mime, recitation, the acting or scenic arrangement of which the form is in writing, fixed or otherwise and excludes cinematographic work. • Artistic works includes works that are in the form of paintings, sculptures, photographs, engravings or drawings, such as a map, plan, chart or diagram, without any specific requirement that those works possess artistic quality, as well as any work of artistic craft - manship, and an architectural work of art. • Cinematographic works are described as pat - terns of visual images that include any kind of video film recorded on a material of any description, with or without sound, and that are exhibited or played back to indicate the sensation of motion. • Records include any tapes, discs, perforated rolls, wires or any other devices capable of embodying and reproducing sounds, other than a soundtrack, which is considered to be associated with a cinematographic work. In Pakistan, as per Section 12 of the Copyright Ordinance, industrial designs are not protected under copyright law. Instead, they are governed by the Registered Designs Ordinance 2000, and copyright protection does not apply if the design is registered under said Ordinance or if it
has been reproduced more than 50 times by an industrial process. 3.2 Essential Elements of Copyright Protection In order to qualify for copyright protection, work which includes literary, dramatic, musical, or artistic work in a cinematographic work or a record must be original and fixed in a tangible medium form of expression. 3.3 Copyright Authorship “Author” is defined under Section 2(d) of the Copyright Ordinance as follows: • in relation to a literary or dramatic work, the author of the work; • in relation to a musical work, the composer; • in relation to an artistic work other than a photograph, the artist; • in relation to a photograph, the person taking the photograph; • in relation to a cinematographic work, the owner of the work at the time of its comple - tion; and • in relation to a record, the owner of the origi - nal plate from which the record is made, at the time of the making of the plate. The Ordinance provides that, regarding a liter - ary, dramatic or artistic work made in the course of employment under a contract of service or apprenticeship, for publication in a newspaper, magazine or similar periodical, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication or reproduction of the work for the purposes of the aforesaid publications; however, in all other respects the author shall be the first owner of the copyright in the work.
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