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Copyright (Amendment) Ordinance, 2000

 AN ORDINANCE  further to amend the Copyright Ordinance, 1962

 

            WHEREAS it is expedient further to amend the Copyright Ordinance, 1962 (XXXIV of 1962), for the purposes hereinafter appearing;

AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the Proclamation of the fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999;

AND WHEREAS  the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999,  as well as Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-

 

1.         Short title and commencement.- (1) This Ordinance may be called the Copyright (Amendment) Ordinance, 2000.

(2)        It shall come into force at once.

 

2.         Amendment of section 2, Ordinance XXXIV of 1962.- In the Copyright Ordinance, 1962 (XXXIV of 1962), hereinafter referred to as the said Ordinance, in section 2,-

(a)         For clause (p) the following shall be substituted, namely:-

“(p)     “literary work” includes works on humanity, religion, social and physical sciences, tables, compilations of data or other material in any form and computer programmes, that is to say, programmes recorded on any disc, tape, perforated media or other information storage device, which, if fed into or located in a computer or computer based equipment is capable of reproducing any information;”; and

(b)        After clause (zc), the following new clause shall be inserted, namely:-

“(zcc)   “rental” means  the authorization to use the original or a copy of a computer program or a cinematographic work for a limited period of time for consideration;”.

 

3.         Amendment of section 3, Ordinance XXXIV of 1962.-In the said Ordinance, in section 3,-

(a)          In sub-section (1),-

(i)                  In clause (a), after sub-clause (viii), the following new sub-clause shall be added, namely:-

“(ix)    to authorize the rental of computer programmes;”; and

(ii)                In clause (c), after sub-clause (iv), the following new sub-clause shall be inserted, namely:-

“(v)     to authorize the rental of cinematographic works;”; and

(b)        After sub-section (2), the following new sub-section shall be inserted, namely:-

“(3)        Entitlement to copyright in compilation of data or other material shall not extend to data or other material itself and shall be without prejudice to any copyright subsisting in the data or other material, that is to say, the copyright shall subsist  to the extent of compilation only.”.

 

4.         Amendment of section 10, Ordinance XXXIV of 1962.- In the said Ordinance, in section 10, sub-section (2 A) shall be omitted.

 

5.         Substitution of title to Chapter IV, Ordinance XXXIV of 1962.-In the said Ordinance, in Chapter IV, for the title the following shall be substituted, namely:-

“RIGHTS OF BROADCASTING ORGANIZATIONS, PERFORMERS

            AND PRODUCERS OF PHONOGRAMS (SOUND RECORDING)”.

 

6.         Insertion of new section 24 A, Ordinance XXXIV of 1962.- In the said Ordinance, after section 24, the following new section shall be inserted,  namely:-

 

“24A. Rights of performers and producers of phonograms (sound recording).- (1) The performers shall have the right to do or to prevent fixation of their unfixed performance and reproduction of such fixation and broadcasting by wireless means and communication to the public of their live performance.

(2)        The producers of phonograms shall have the right to do or to prohibit the direct or the indirect reproduction of their fixation and any rental thereof.

(3)        The rights specified in sub-sections (1) and (2) shall subsist for a period of fifty years computed from the end of the calendar year in which fixation was made or performance took place.”.

 

7.         Substitution of section 25, Ordinance XXXIV of 1962.- In the said Ordinance, for section 25 the following shall be substituted, namely:-

“25.      Application of other provisions of this Ordinance to broadcasting, performers and producers of phonograms.- Any person who, without authorization of the broadcasting organization, performers and producers of phonograms (sound recording) does or causes the doing of any of the acts referred to in section 24 and 24 A shall be deemed to infringe the rights of the broadcasting organization, performers and producers of phonograms (sound recording) and the provisions contained in Chapters XII to XVI shall, within the limits permitted by the nature of the matter, apply to broadcasting organization, performers and producers of phonograms (sound recording) as if they were authors and works, respectively.”.

 

8.         Substitution of section 26, Ordinance XXXIV of 1962.- In the said Ordinance, for section 26 the following shall be substituted, namely:-

            “26.Definitions.- (a) “broadcasting” means communication to the public of sound or images or both by means of radio diffusion, including communication by telecast, or wire, or by both, or any other means of communication.

(b)        “Fixation” means the incorporation of sounds or images or both in a device by means of which they can later be made aurally or visually perceivable.

(c)        “Phonogram” means any exclusively aural fixation of sounds of a performance or of other sounds.

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