PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
3.4 Copyright Rights Copyright owners are granted statutory pro - tection against infringement of their work, and under Section 60 of the Copyright Ordinance are entitled to seek civil remedies, such as an injunction, damages and accounts, against the unauthorised use. Moreover, a copyright owner is also granted special remedies under Section 60-A of the Ordinance, whereby they are enti - tled to seek provisional orders from the court for recovery and preservation of infringing cop - ies until the institution of formal proceedings. In addition to civil and special remedies, the copy - right owner is also entitled to criminal remedies under Sections 66 to 74 of the Ordinance. Moral rights protect the reputation and crea - tive integrity of the author, which are expressed through their work. Section 62 of the Ordinance gives the author the right to restrain or claim damages in respect of any distortion, mutilation or other modification of said work, or any other action in relation to said work which would be prejudicial to their honour or reputation, notwith - standing that the author may have assigned or relinquished their rights in the work. 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 protection 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 anony - mous and pseudonymous works, the duration of copyright is 50 years from publication.
Moreover, with respect to works for hire, the Ordinance holds that, in the case of a photo - graph taken, a painting or portrait drawn, or an engraving or a cinematographic work made, for valuable consideration (and not employment) at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. Lastly, the Ordinance holds that, in the case of a work made in the course of the author’s employ - ment under a contract of service or apprentice - ship which does not fall under the aforemen - tioned, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. Joint authorships are also recognised under the Copyrights Ordinance, and Section 2(zg) defines “work of joint authorship” as a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other authors. Thus, work of joint authorship is considered a single piece of work and is governed under the Ordinance as such. Moreover, the Ordinance holds that, where one or more of the joint authors does not satisfy the conditions laid down by the Ordinance, the work shall be treated as if the other qualifying author(s) were sole author(s) thereof. The Ordi - nance also stipulates that the term for work of joint authors would be calculated from the date on which the last author dies. That said, joint authors may additionally choose to decide their own terms and conditions with relation to the monetisation of such work; how - ever, this will be protected and enforced as a matter of contract law.
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