The infringement of film copyright carries a maximum penalty of five years of imprisonment and a Tk 10 lakh fine. This new law supersedes the previous ‘Copyright Act of 2000’.
The significance of copyright protection is on the rise, yet we grapple with an ineffective system and insufficient laws to safeguard copyrights. The Copyright Act of 2000 remains challenged by rampant piracy activities.
On Monday, the Parliament passed the Copyright Bill of 2023 with the objective of preserving the rights of original works across various domains, including publications, film, digital content, drama, folklore, the arts, and audio recordings.
State Minister for Cultural Affairs KM Khalid moved the Bill in the House. It was passed by voice vote, with Speaker Dr. Shirin Sharmin Chaudhury presiding.
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This proposed law will replace the Copyright Act of 2000, with several additions and removals made to the draft law.
Copyright Act 2023
As per the law, upon the creator’s demise, copyright ownership will be transferred to their lawful heirs, marking a significant omission in the previous legislation.
The legislation categorizes copyrights into two clear groups:
The first pertains to literature, drama, music, and art, which remains in force for the creator’s entire lifetime and extends for an additional 60 years after their death.
The second category encompasses films, sound recordings, photography, digital content, and other related materials, all of which enjoy copyright protection for a period of 60 years from their initial publication date.
Notably, the addition of folk culture in the copyright act is a significant development prompted by a copyright dispute involving the song “Sarbata Mangal Radhe” from Mymensingh Geetika and the folk band Shorolpur based in Sherpur
In 2020, the band asserted ownership of the song as their original creation, which Meher Afroz Shaon and Chanchal Chowdhury had covered on a commercial platform. The band had obtained the song’s copyright in 2018. However, in January 2022, the copyright office revoked the band’s copyright claim.
The recently enacted law dedicates an entire chapter to the protection of Folk-knowledge and Folk-culture, with a provision ensuring that the government will track the origins of such cultural practices.
These revisions aim to strike a delicate balance between fostering creativity and stimulating innovation within the realm of intellectual property. Additionally, a portion of the revenue generated through contracts will be allocated to support the cultural development of these communities.
Furthermore, the new law extends copyright protection to encompass ICT-related products, activities, databases, and designs created using digital tools.
Utilizing film scenes or sound recordings on digital and social media platforms without proper authorization will now be classified as copyright infringement under the new law.
The updated legislation recognizes dress designing, graphics, artistic images, and any designs created using digital platforms as legitimate forms of art.
The copyright office will undertake various responsibilities, including the issuance of copyright registrations, certification, translation licensing, prevention of the importation of illicit copies of intellectual products, preservation of folk culture, advisory roles to the government on copyright matters, and the provision of incentives to original artists.
Furthermore, the government will appoint additional copyright registrars, and the law includes a provision allowing the copyright office’s board to either retain or revoke the orders issued by the registrar.
Copyright Violation Penalties
In cases of film copyright infringement, the highest possible penalty entails a five-year prison sentence and a fine of Tk 10 lakh. The legal framework has additionally included precise definitions for various terms, including but not limited to, anonymous or pseudonymous work owners, databases, public domain, monograms, producers, individuals, folk songs, folk culture, editors, and property rights.
Moreover, the legislation explicitly addresses intellectual property issues pertaining to individuals with visual impairments, guaranteeing the safeguarding of their rights.
The law explicitly addresses intellectual property concerns for the visually impaired, ensuring their protection.
Penalties have been implemented to combat piracy, encompassing digital activities, which were previously not covered. Measures have been proposed to tackle copyright infringement on digital platforms.
Additional clauses have been introduced to safeguard the rights of folk songs within the law.
Objective of the Bill
With the objective of protecting intellectual property rights, the government is set to enhance penalties for copyright infringement by introducing more precise definitions and incorporating new provisions.
The law explicitly addresses intellectual property concerns for the visually impaired, ensuring their protection.
Penalties have been implemented to combat piracy, encompassing digital activities, which were previously not covered. Measures have been proposed to tackle copyright infringement on digital platforms.
Additional clauses have been introduced to safeguard the rights of folk songs within the law.
Evolution of Copyright Law: From 2000 to 2023
Realizing the significance of copyright both nationally and internationally, the Copyright Act of 2000 was enacted, striving to align itself with international legal standards.
Subsequently, in 2005, the Act underwent amendments.
In light of the significant technological advancements witnessed over the past two decades, the utilization of intellectual property and reliance on technology have surged. Consequently, with the rise in piracy, the effective administration and safeguarding of intellectual property demand a comprehensive review of the existing copyright legislation.
In response to this imperative need, the Copyright Act of 2023 has been formulated.
In accordance with the Marrakesh Treaty, provisions addressing the needs of the visually impaired have been incorporated.
Furthermore, new clauses have been introduced to counteract piracy, including the establishment of a Task Force dedicated to enforcing intellectual property laws.
Additionally, a distinct chapter has been introduced to protect folklore and folklore rights, and a new chapter concerning royalty matters has been included.
Conclusion
The Copyright Act of 2023 addresses the growing challenges posed by technological advancements and piracy. With a focus on preserving the rights of original works across various domains, this legislation aims to provide stronger protection for creators and their intellectual property. As we move into an era of rapid digitalization and cultural exchange, the Copyright Act of 2023 serves as a crucial tool in ensuring that creators receive the recognition and protection they deserve in this ever-evolving landscape. Bangladesh is drawing inspiration from countries like India and China, which have the highest global rates of software piracy cases. To fortify copyright protection and curtail the proliferation of pirated content, it is imperative that every educated citizen possesses a grasp of the fundamental tenets of copyright law. In conclusion, the Copyright Act of 2023 represents a significant milestone in the evolution of copyright legislation.
