Copyright Registration in Bangladesh

Copyright registration in Bangladesh is the formal process of recording a creative work with the Copyright Office. Under the Copyright Act, 2023, while copyright protection is automatically granted upon the creation of an original work, registration provides a certificate that serves as prima facie evidence of ownership and authorship in legal proceedings. This guide outlines the process, incorporating key aspects of the new Act.

Issuing Authority

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The primary body responsible for copyright registration in Bangladesh is the Copyright Office, Bangladesh.

• Name: Copyright Office, Bangladesh
• Address: National Library Bhaban (Level 3), 32, Justice S.M. Murshed Sarani, Agargaon, Sher-e-Bangla Nagar, Dhaka-1207, Bangladesh.
• Website: www.copyrightoffice.gov.bd

Required Documents for Copyright Registration

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The work submitted for copyright registration must be original and not an infringement of existing copyrighted material. Following documents will be required:

1. Application Form: A completed application in the prescribed form.
2. Copies of the Work:
   • Generally, two copies of the creative work.
   • For software, this involves submitting a CD/Flash Drive.
   • For artistic works like paintings, specific requirements for copies or photographs may apply.
   • For music, a list of songs (e.g., maximum 12 per application) with names of the lyricist, composer, and singer, signed by the applicant.
3. Statement of Particulars: A statement, potentially on non-judicial stamp paper, detailing particulars as required (e.g., as per Form I of the Copyright Rules).
4. Proof of Identity and Address:
   • For Individuals: National ID card or passport photocopy, and one attested passport-sized photograph of the applicant.
   • For Companies/Institutions: Copies of the company’s Memorandum and Articles of Association, updated Trade Licence, Taxpayer’s Identification Number (TIN) certificate, and recent income tax return acknowledgment.
5. Undertaking/Affidavit: An undertaking (often on cartridge paper or non-judicial stamp paper) declaring the work’s originality, that no court cases are pending regarding the work, and that the information provided is accurate.
6. Deed of Assignment (if applicable): If the applicant is not the original author/creator (e.g., rights have been assigned or the work was created under employment), an original, notarised Deed of Assignment or transfer agreement executed on non-judicial stamp paper of appropriate value. This deed itself might need to be registered with the Copyright Office.
   • If the institution is the owner as an employer, a copy of the creator’s appointment letter or employment agreement might be required.
   • If the copyright application includes elements created by a different artist (e.g., cover art), a Deed of Transfer from that artist may be necessary.
   • If the work is of foreign origin and rights are claimed by a Bangladeshi entity through transfer, a Deed of Transfer from the foreign owner.
7. Power of Attorney (Vakalatnama): If an advocate or agent is submitting the application on behalf of the applicant, a duly executed Power of Attorney.
8. Applicant’s Contact Details: Full name, address, and contact telephone number of the applicant.
9. Specific Work Details:
   • Software: Information on its usability and functionality.
   • Artistic Work: An artistic explanation or description of the work.

Fee Schedule

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The applicable fees for copyright registration can vary and should be confirmed with the Copyright Office. Indicative fees include:

• Registration Fee: The primary application processing fee. As per some citizen charters, this has been BDT 1,000 for creative works, but is subject to change. Payment is typically made via Treasury Challan to a specific government code at Bangladesh Bank or Sonali Bank, or through designated online payment systems.
• Stamp Paper Costs: Costs for non-judicial stamp paper for documents like the Deed of Assignment, Statement of Particulars (if required), and any affidavits.

Step-by-Step Copyright Registration Process

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The copyright registration process in Bangladesh generally involves the following steps:

Step 1: Prepare Application and Documents

• Gather all necessary information and compile the documents as listed in the “Required Documents for Copyright Registration” section.
• Ensure all forms are correctly filled, and any required attestations are completed with the attester’s name, designation, and seal clearly visible.

Step 2: Payment of Fees

• Ascertain the correct registration fee from the Copyright Office.
• Pay the prescribed fee, typically via a Treasury Challan deposited at a designated bank (e.g., Bangladesh Bank, Sonali Bank) under the specified head of account, or through any available online payment portal linked from the Copyright Office website.
• Obtain and keep the original copy of the Treasury Challan (or digital receipt) as proof of payment.

Step 3: Application Submission (Online and Physical)

• Online Application: The process begins with an online application submitted through the Bangladesh Copyright Office’s e-Copyright system (accessible via their official website, e.g., www.bcoecopyright.gov.bd). This usually involves creating an account and filling in the application details electronically.
• Physical Submission: After successful online submission, a printed copy of the online application (often with a system-generated reference number), along with all required hardcopy documents and the original Treasury Challan, must typically be submitted to the Bangladesh Copyright Office within a specified timeframe (e.g., 15 days from online submission).
  • Submission Address: Copyright Office, Bangladesh National Library Bhaban (3rd Floor) 32, Justice S.M. Murshed Sarani Agargaon, Sher-e-Bangla Nagar Dhaka-1207, Bangladesh

Step 4: Examination and Verification by Copyright Office

• Application Receipt and File Creation: Upon receiving the physical application, the Copyright Office will typically acknowledge receipt and create a file (e.g., within approximately 3 working days).
• Document Scrutiny: The submitted application, documents, and information are distributed to inspectors for detailed verification (e.g., around 3 working days).
• Challan Verification: The payment challan is verified for authenticity and correctness (e.g., around 7 working days).
• Final Document Check: An assistant examiner conducts a final check of all paperwork (e.g., around 5 working days).
• Case Examination: An examiner reviews the entire case for compliance with the Copyright Act, 2023, and associated rules (e.g., around 5 working days).
• Deputy Registrar’s Opinion: The Copyright Deputy Registrar reviews the examiner’s report and provides an opinion or recommendation (e.g., around 3 working days).
• If any discrepancies, deficiencies, or queries arise during this stage, the applicant is usually notified and given an opportunity to rectify them or provide further information.

Step 5: Waiting Period for Objections

• After initial processing and verification, there is a mandatory waiting period (typically 30 days from the date of application submission or acceptance) to allow any third party to raise objections against the copyright claim.
• The application details might be presented to the Copyright Registrar around the 31st day after submission.

Step 6: Decision, Handling of Objections, and Certificate Issuance

• No Objections: If no objections are received within the stipulated period, and the Registrar is satisfied with the correctness and authenticity of the application and its compliance with legal requirements, a decision to grant registration is typically made (e.g., around the 31st day after application submission, following the objection period).
• Objections Received:
  • If any issues are found during verification or if objections are raised by third parties, the applicant will be informed (e.g., within 3 days of identification).
  • An investigation may be conducted if objections are raised (e.g., between the 31st and 44th day after application submission).
  • A hearing may be scheduled (e.g., around the 45th day after application submission) where both the applicant and the objecting party can present their case.
  • A decision will be made by the Registrar based on the outcome of the hearing and investigation.
• Issuance of Certificate: If the application is approved, the particulars of the copyright will be entered into the Register of Copyrights. A certificate of registration will then be issued to the applicant (e.g., usually within 3 working days of the final decision). The details are also recorded in a column register (e.g., taking about 10 working days), and the original file is archived (e.g., sent to the library, about 7 working days).

Visual Overview of the Registration Process:

Timelines

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• Official Guideline: The Copyright Office’s Citizen Charter or official guidelines may indicate an approximate processing time (e.g., 60 working days after hard copy submission for creative works, provided all documents are correct and no objections arise).
• Actual Processing Time: The actual time taken can vary significantly based on the complexity of the application, the workload at the Copyright Office, the accuracy and completeness of the submitted documents, and whether any objections or queries are raised during the examination process. Applicants should be prepared for the possibility of a longer duration, potentially 2-3 months or more in some cases.

Key Highlights of the Copyright Act, 2023

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The Copyright Act, 2023, has introduced significant updates to Bangladesh’s copyright regime:

• Expanded Scope: The Act now explicitly includes “databases” and “information and technology-oriented digital works” (such as software and data compilations) as copyrightable subject matter.
• Protection for Traditional Works: For the first time, copyright protection has been extended to folk music, songs, and folk culture.
• Increased Penalties: The Act imposes stricter penalties for copyright infringement. For instance, publishing, serving, or performing someone else’s work without permission can lead to a fine of up to BDT 500,000. Film copyright infringement can result in up to five years imprisonment and a BDT 1 million fine.
• Digital Age Considerations: The law addresses digital activities, including those conducted via computers, and proposes actions against copyright violations on digital platforms.
• Marrakesh Treaty Alignment: Provisions have been included to cater to the needs of visually impaired individuals, in line with the Marrakesh Treaty.
• Enforcement: The Act includes provisions for establishing a task force to enhance the enforcement of intellectual property laws.

For assistance with copyright registration in Bangladesh, please contact:

• Osman Goni
  • Phone: +8801715569498
  • Email: [email protected]
• Faizul Islam
  • Phone: +8801751230943
  • Email: [email protected]