Copyright Act was basically began based on the composition of the books. Later on, in terms of modern implementation of gradual social and global development, innovation of new thoughts of mankind, creativity and artistic activity, it has spread gradually up to music, artistic work, software, broadcasting, sound recording, expression of folk music, facebook fun page and social media crossing the boundary of manuscript or literature. It can be said that the concept of this copyright Act has been arisen from the thought of protection of composer of this work from the preservation of cultural activities. This protection may be social, economical and own creativity. It can be said that basically the copyright Act was commenced from the conference organized in Bern city of Switzerland in 1886. Afterwards, though different countries gave indigenous form of this rule in different ways, we can say that the introduction of this rule in the subcontinent was started from 1914. Thereafter, after the partition of the country in 1947, an ordinance was issued in 1962 and after our independence this ordinance was transformed into law in 1974. Afterwards, a new law was enacted again in 2000. In its continuity, at present this Law is being enforced through some amended in 2005. Though, at present different stakeholders or partners, music directors, writers association, BASIS (Bangladesh Association of Software and Information Service), perspective of copyright Act of different countries, opinions of specialists of copyright Law and based on discussion, a draft law has been made in the name of “Copyright Act, 2020” under the direct supervision of copyright registry office, which already got the approval of Ministry of Cultural Affairs and now it is awaiting for review of legal committee of cabinet division for approval. Human acquire some rights at the time of birth. This right is his birth right. Alongside, some creativity grows in his mind in consistence with his age which cannot be caught, touched but a real shape can be given for this. This can be written or read or at present digital related; the legal protection of this creativity is called copyright.


In other words, if we say after a little analysis, then it will be Copy and Right, that is, copyright means the right to copy. Now, who’s the right is? This right is his, who is the composer or creator of this work i.e. literature, artistic work, musical work, tune, cinematographic work, drama, recitation, software and fun. Whenever any other person will do exact copy of these works without the consent of this composer, then and there it will be an infringement of Copyright Act. It is the exclusive right of the composer to copy the same until he permits any other person with license. Of course, the composer of the work is not able to hold the authority of his created works for ever. A definite time has been given for this in different countries in different ways. As in case of Bangladesh, its validity is lifetime of composer and thereafter 60 years after death. Again, it is not right that the copyright will always be with the composer; the ownership of these copyrights may be changed. At the beginning of composing a book, a composer becomes entitled to this work; afterwards if the said composer sells his copyrights of the book or does will, then the receiver becomes the owner of copyright of the said work. Since the Copyright is an intellectual property like of patent, design and trademarks, so it is included in the intellectual property law. Like trademarks, if the owner of copyright wants he can use this symbol © in the above of right side corner of his registered work. The author is legally entitled to enjoy certain rights by registering his creative work under copyright law, such as the right to perform his work, the right to present, the right to transmit / broadcast, the right to reproduce, the right to exhibit, the right to translate, the right to adapt to a tune, the right to transfer copyright and the right to make a Will. So, copyright registration is the regulator of financially benefiting an author. At this digital age we often see that the book or video CD of a composer is being sold everywhere in home and abroad without the consent of the owner and these are called pirated goods, it is the infringement of copyright Act. Different countries apply different types of punishment provisions to remedy these violations. So the main goal of copyright law is to register your creative work and prevent the purchase of pirated products.

Writer :

Nabendu Bhattacharjee

Advocate, Bangladesh Supreme Court

International Patent & Trademark Attorney


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