Comprehensive Guide to Applying for Copyright in Pakistan

Comprehensive Guide to Applying for Copyright in Pakistan

Introduction

In an era where creative content is easily shared and reproduced, securing copyright protection is essential for creators in Pakistan. The Copyright Ordinance, 1962, as amended, and the Copyright Rules, 1967, provide the legal framework for copyright registration, managed by the Intellectual Property Organization of Pakistan (IPO-Pakistan). While copyright is automatic upon creation, registration offers a certificate that serves as prima facie evidence of ownership in court (Section 42, Copyright Ordinance, 1962), strengthening your ability to enforce rights against infringement. This guide details the step-by-step process to apply for copyright in Pakistan, incorporating procedures from the Copyright Rules, 1967, and current fees from IPO-Pakistan.

Eligibility for Copyright Protection

Eligible Works

Under Section 10(1) of the Copyright Ordinance, 1962, copyright protection applies to:

• Literary works: Books, articles, software, journals.
• Dramatic works: Plays, scripts.
• Musical works: Compositions, songs.
• Artistic works: Paintings, photographs, sculptures, architectural works.
• Cinematographic works: Films, animated movies.
• Records: Sound recordings.

Conditions for Subsistence

• Published works: Must be first published in Pakistan, or if published abroad, the author must be a Pakistani citizen or domiciled in Pakistan (Section 10(2)).
• Unpublished works: The author must be a Pakistani citizen or domiciled in Pakistan, except for architectural works, which must be located in Pakistan.
• International works: Works from Berne Copyright Union or Universal Copyright Convention countries are protected under the International Copyright Order, 1968 (Copyright Rules, 1967, pages 41–53).
• Exclusions: Copyright does not apply to designs registered under the Patents and Designs Act, 1911, or works infringing existing copyrights (Section 12).

Who Can Apply?

The applicant can be the author, publisher, copyright owner, or any person with an interest in the copyright, including assignees or legal representatives (Section 39).

Step-by-Step Process

Step 1: Determine the Type of Work

Identify the category of your work (literary, artistic, cinematographic, etc.), as this affects the application form, fees, and additional requirements (e.g., advertisement for artistic works). The Register of Copyrights is divided into four parts (Rule 3, Copyright Rules, 1967):

• Part I: Literary, Dramatic, and Musical Works
• Part II: Artistic Works
• Part III: Cinematographic Works
• Part IV: Records

Each application must pertain to one work only (Rule 4(2)).

Step 2: Prepare the Application Form

Complete Form II (pages 12–14, Copyright Rules, 1967) in triplicate, including:

• Statement of Particulars:

• Applicant’s name, address, and nationality.
• Nature of interest (e.g., author, owner, assignee).
• Work’s class, description, title, language, and year of creation.
• Author’s name, address, nationality, and date of death (if applicable).
• Publication status, including year, country, and publisher for first and subsequent publications.
• Details of assignments or licenses.
• For artistic works, location of the original work and person in possession (or year of completion for architectural works).
  • Statement of Further Particulars(for literary, dramatic, musical, or artistic works):
• Specify if the work is original, a translation, or an adaptation.
• For translations or adaptations, provide details of the original work, its author, publisher, and authorization.

Step 3: Gather Supporting Documents

In addition to Form II, prepare:

• Two Copies of the Work: Hard copies (PDF, JPEG, JPG, GIF) for literary/artistic works; CDs/DVDs for computer programs or audiovisual works.
• Power of Attorney: If filing through an advocate or agent, include a signed Power of Attorney.
• No Objection Certificate (NOC): If the work is published and the publisher is not the applicant, obtain an NOC from the publisher.
• Affidavit: If the work was created by a hired professional, include an affidavit stating they have no rights or claims.
• Applicant’s CNIC: A copy of the Computerized National Identity Card with name, address, business name, and nationality.
• Notification to Interested Parties: Send a copy of the application to all parties with an interest in the copyright (e.g., co-owners, assignees, licensees) via hand delivery or prepaid registered post. Include a list of these parties and dispatch dates in Form II (Rule 4(3)).

Step 4: Publish Advertisement (for Artistic Works)

For artistic works, publish an advertisement in a national Urdu or English daily newspaper in the applicant’s area of residence or business, following the format prescribed by Rule 4(3-A). Submit two copies of the advertisement to the Registrar within one month of filing (or an extended period as allowed).

Step 5: Pay the Application Fee

Fees vary by work type, as per the IPO-Pakistan fee schedule (April 21, 2025):

Payment Methods (Rule 24, Copyright Rules, 1967):

• Bank Draft/Pay Order: Crossed and payable to the Director General, IPO-Pakistan, Copyright Office.

A separate application and fee are required for each work.

Step 6: Submit the Application

Submit the application to the Copyright Office at:

• Head Office: Plot # ST 1 & 2, New Broadcasting House (Ground Floor), Behind KDA Civic Center, Block-14, Gulshan-e-Iqbal, Karachi-75300, Pakistan.
• Regional Office: Basement of Lahore Chamber of Commerce Building, 11-Shahrah-e-Aiwan-e-Sanat-o-Tijarat, Lahore.

Include:

• Form II in triplicate.
• Two copies of the work.
• Proof of fee payment.
• Advertisement copies (for artistic works).
• Evidence of notification to interested parties.

Step 7: Examination and Objection Period

The Registrar of Copyrights reviews the application for compliance (Rule 4(4)):

• Objection Period: A 30-day period allows interested parties to file objections (fee: PKR 6,000).
• Inquiry: If objections are received or the Registrar identifies issues, an inquiry may be conducted. The Registrar may enter the particulars in the Register of Copyrights or reject the application with written reasons (Rule 4(5)).
• Registration: If approved, the Registrar enters the details in the Register, which is divided into four parts (Rule 3(1)). The Registrar sends copies of the entries to concerned parties (Rule 4(6)).

Step 8: Receive the Certificate

Upon registration, the Registrar issues a certificate of registration, serving as legal proof of ownership. Verify the certificate for accuracy. For corrections, apply using Form III (fee: PKR 5,000).

Step 9: Maintain and Protect Your Copyright

• Duration(Chapter III, Copyright Ordinance, 1962):

• Literary, dramatic, musical, and artistic works (except photographs): 50 years after the author’s death (Section 18).
• Cinematographic works, records, and photographs: 50 years from the year of publication (Section 20).
• Anonymous/pseudonymous works: 50 years from the year of first publication (Section 21).
  • Enforcement:
• Civil Remedies: Seek injunctions or damages under Section 60.
• Criminal Prosecution: The Federal Investigation Agency (FIA) can seize infringing goods and impose penalties (up to 9 years imprisonment and fines).
• Import/Export Prohibition: Apply using Form VI(fee: PKR 20,000) to prevent infringing copies (Section 58).
  • Assignments and Licenses:
• Assignments: Must be in writing and signed (Section 15). Register using Form III(fee: PKR 3,000). Assignments are limited to 10 years unless to the government or specific institutions (Section 14).
• Licenses: Voluntary licenses must be written and signed (Section 35). For compulsory licenses, apply to the Copyright Board using Form Eor Form IV (for translations) (fee: PKR 10,000).

Why Register Your Copyright?

Registration strengthens your legal position by:

• Providing a public record of ownership.
• Enabling enforcement against infringement, including import/export restrictions.
• Simplifying court disputes with the registration certificate as evidence.

Conclusion

Registering a copyright in Pakistan is a straightforward yet essential process for creators seeking to protect their intellectual property. With fees ranging from PKR 2,000 to PKR 10,000, it’s an accessible way to secure your rights. By following this guide and leveraging IPO-Pakistan’s resources, you can safeguard your creative works, ensuring peace of mind and legal recourse against unauthorized use. Start the process today at IPO-Pakistan.

If you need copyright registration and protection, reach out to us at Baakza & Bansari and let us assist you in protecting your work.