Copyright Ordinance, 1962

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THE COPYRIGHT ORDINANCE, 1962  
 
 
 
 
CONTENTS 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement 
2. Definitions 
3. Meaning of Copyright 
4. Meaning of publication 
5. When work not deemed to be published or performed in public 
6. When work deemed to be first published in Pakistan 
7. Nationality of author where the making of unpublished work is extended over considerable 
period 
8. Domicile of corporation 
CHAPTER II 
COPYRIGHT, OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER 
9. No copyright except as provided in this Ordinance 
10. Works in which copyright subsists 
11. Work of joint authors 
12. Provision as to designs registerable under Act II of 1911 
13. First owner of copyright 
14. Assignment of copyright 
 

 
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15. Mode of assignment 
16 Transmission of copyright in manuscript by testamentary disposition 
17. Right of owner to relinquish copyright 
CHAPTER III 
TERM OF COPYRIGHT 
18. Term of copyright in published literary, dramatic, musical and artistic works 
19. Term of copyright in posthumous work 
20. Term of copyright in cinematographic works, records and photographs 
21. Term of copyright in anonymous and pseudonymous work 
22. Term of copyright in Government works and in works of international organizations 
23. Term of copyright in unpublished work 
CHAPTER IV 
RIGHTS OF BROADCASTING ORGANIZATIONS, PERFORMERS AND PRODUCERS OF 
PHONOGRAMS (SOUND RECORDING) 
24. Rights of broadcasting organizations 
24A. Rights of performers and producers of Phonograms (sound recording) 
25. Application of other provisions of this Ordinance to broadcasting, performers and producers of 
phonograms 
26. Definitions 
27. Other rights not affected 
CHAPTER V 
RIGHTS IN PUBLISHED EDITIONS OF WORKS 
28. Protection of typography and term of protection 
29. Infringements, etc. 
30. Relations to copyright 
CHAPTER VI 
PERFORMING RIGHTS SOCIETIES 
31. Performing rights society to file statements of fees, charges and royalties 
 
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32. Objections relating to published statements 
33. Determination of objections 
34. Existing rights not affected 
CHAPTER VII 
LICENCES 
35. Licences by owners of copyright 
36. Compulsory licence in works withheld from public 
37. Licence to produce and publish translations 
CHAPTER VIII 
REGISTRATION OF COPYRIGHT 
38. Register of Copyrights, indexes form and inspection of Register 
39. Registration of copyrights 
40. Registration of assignments, etc., of copyrights 
41. Correction of entries in the Register of Copyrights and indexes, etc. 
42. Register of Copyrights to be prima facie evidence of particulars entered therein 
CHAPTER IX 
COPYRIGHT OFFICE, REGISTRAR OF COPYRIGHTS AND COPYRIGHT BOARD 
43. Copyright Office 
43A. Branch of Copyright Office 
44. Registrar and Deputy Registrars of Copyrights 
45. Copyright Board 
46. Powers and procedure of the Board 
CHAPTER X 
DELIVERY OF BOOKS AND NEWSPAPERS TO PUBLIC LIBRARIES 
47. Delivery of books to public libraries 
48. Delivery of periodicals and newspapers to public libraries 
49. Receipt for books, periodicals and newspapers delivered 
 
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50. Penalty 
51. Cognizance of offences under this Chapter 
52. Application of this Chapter to books, periodicals and newspapers published by Government 
CHAPTER XI 
INTERNATIONAL COPYRIGHT 
53. Provisions as to works of certain international organizations 
54. Power to extend copyright to foreign works 
55. Power to restrict rights in works of foreign authors first published in Pakistan 
CHAPTER XII 
INFRINGEMENT OF COPYRIGHT 
56. When copyright infringed 
57. Certain acts not to be infringement of copyright 
57A. Particulars to be included in records and video films 
58. Importation and exportation of infringing copies 
CHAPTER XIII 
CIVIL REMEDIES 
59. Definition 
60. Civil remedies for infringement of copyright 
60A. Special remedies for infringement of copyright 
61. Protection of separate rights 
62. Author’s special rights 
63. Rights of owner against persons possessing or dealing with infringing copies 
64. Restriction on remedies in the case of works of architecture 
65. Jurisdiction of court and limitation 
CHAPTER XIIIA 
PROHIBITION OF IMPORTATION AND EXPORTATION 
65A. Prohibition 
 
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65B. Jurisdiction of officers of customs 
65C. Release of detained consignment 
CHAPTER XIV 
OFFENCES AND PENALTIES 
66. Offences of infringement of copyright or other rights conferred by this Ordinance 
66A. Penalty for publishing collections or compendiums of work which have been adapted, 
translated or modified in any manner without the authority of the owner of the copyright 
66B. Penalty for unauthorised reproduction or distribution of counterfeit copies of sound recording 
and cinematographic work 
66C Penalty for exploitation and appropriation of recording or audio -visual work intended for 
private use 
66D. Penalty for making copies or reproduction in excess of those authorised by the copyright owner 
or his successor in title 
66E. Penalty for unauthorized rental of cinematographic works and computer programmes 
67. Possession of plates for purpose of making infringing copies 
68. Penalty for making false entries in the Register, etc., or producing or tendering false evidence 
69. Penalty for making false statements for the purpose of deceiving or influencing any authority 
or officer 
70. False attribution or authorship, etc. 
70A. Penalty for contravention of section 57A 
70B. Enhanced fine in the case of subsequent offences 
71. Offences by companies 
72. Cognizance of offences 
73. Power of the court to dispose of infring ing copies, plates or recording  equipment for purpose 
of making infringing copies 
74. Powers of police to seize infringing copies, plates and recording equipment 
74A. Power of Magistrate to award compensation for offences under this Chapter 
  
 
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CHAPTER XV 
APPEALS 
75. Appeals against certain orders of Magistrate 
76. Appeals against orders of Registrar 
77. Appeals against orders of the Board 
CHAPTER XVI 
MISCELLANEOUS 
78. Registrar and Board to possess certain powers of civil court 
79. Order for payment of money passed by Registrar or Board to be executable as a decree 
80. Indemnity 
81. Certain persons to be public servants 
82. Powers to make rules 
83. Omitted 
84. Savings and transitory provisions 
  
 
 
 
  
 
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THE COPYRIGHT ORDINANCE, 1962  
 
ORDINANCE NO. XXXIV OF 1962 
 
[2nd June, 1962] 
An Ordinance to amend and consolidate the law relating to copyright 
WHEREAS it is expedient to amend and consolidate the law relating to copyright; 
NOW, THEREFORE, in pursuance of the proclamation of the seventh day of October, 1958, 
and in exercise of all powers en abling him in that behalf, the P resident is pleased to make and 
promulgate the following Ordinance:__ 
CHAPTER I  
PRELIMINARY 
1. Short title, extent and commencement.__ (1) This Ordinance may be called the Copyright 
Ordinance, 1962. 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force on such date as the 1[Federal Government] may, by notification in 
the official Gazette, appoint. 
2. Definitions.__In this  Ordinance, unless there is any thing repugnant in  the subject or 
context,__ 
(a) “adaptation” means,__ 
(i) in relation to a dramatic work, the conversion of the work into a non -
dramatic work; 
(ii) in relation to a literary work or an artistic work, the conversion of the 
work into a dramatic work by way of performance in public or 
otherwise; 
(iii) in relation to a literary or dramatic work, any abridg ement of the work 
or any version of the work in which the story or action is conveyed 
wholly or mainly by means of pictures in a form suitable for 
reproduction in a book, or in a newspa per, magazine or similar 
periodical; and 
(iv) in relation to a musical work, any arrangement or transcription of the 
work; 
(b) “architectural work of art ” means any building or structure having an artistic 
character or design, or any model for such building or structure; 
(c) “artistic work” means,__ 
 
 
1Subs. by Act No. II of 1973, s. 5. 
 
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(i) a painting, a sculpture, a drawing (including a diagram, map, chart or 
plan), an engraving or a photograph, whether or not any such work 
possess artistic quality; 
(ii) an architectural work of art; and 
(iii) any other work of artistic craftmanship; 
1[(ca)  “audio-visual work” means a work which consists of a series of related images 
which are intrinsically intended to be shown by the use of a machine or device, 
such as a projector, viewer or electronic equipment, together with 
accompanying sound, if any, regardless of the nature of the material object, such 
as film or tape, in which the work is embodied;] 
(d) “author” means,__ 
(i) in relation to a literary or dramatic work, the author of the work; 
(ii) in relation to a musical work, the composer; 
(iii) in relation to an artistic work other than a photograph, the artist; 
(iv) in relation to a photograph, the person taking the photograph; 
(v) in relation to a cinematographic work, the owner of the work at the time 
of its completion; and 
(vi) in relation to a record , the owner of the original plate from which the 
record is made, at the time of the making of the plate; 
(e) “Board” means the Copyright Board constituted under section 45; 
(f) “book” includes every volume, part or division of a volume, and pamphlet, in 
any language, and every sheet of music, map, chart or plan, separately printed 
or lithographed, but does not include a 1[periodical or] newspaper; 
(g) “calendar year” means the year commencing on the first day of January; 
(h) “cinematographic work ” means any sequence of visual images 1[, including 
video films of every kind, ] recorded on material of any description (whether 
translucent or not), whether silent or accompanied by sound, which, if shown 
(played back, exhibited) conveys the sensation of motion; 
1[(ha)  “copy” includes any material object in which a work is fixed by any method and 
from which the work can be perceived, reproduced or otherwise communicated, 
either directly or with the aid of a machine or device; 
(hb)  “counterfeit copy ” means a copy which is an i mitation of another copy and 
appears to be, but is not, genuine;] 
 
1Ins. by Act No. XX of 1992, s. 2. 
 
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(i) “delivery” in relation to a lecture, includes delivery by means of any mechanical 
instrument or by 1[broadcast or telecast]; 
(j) “dramatic work ” includes any piece for recitation, choreographic work or 
entertainment in dumb show, the scenic arrangement or acting form of which is 
fixed in writing or otherwise but does not include a cinematographic work; 
(k) “engravings” include etchings, lithographs, wood-cuts, prints and other similar 
works, not being photographs; 
(l) “exclusive licence” means a licenc e which confers  on the licensee or on the 
licensee and persons authorized by him, to the exclusion of all other persons 
(including the owner of the copyright), any right comprised in the copyright in 
a work, and “exclusive licensee” shall be construed accordingly; 
(m) “Government work” means a work which is made or published by or under the 
direction or control of__ 
(i) the Government or any department of the Government; or 
(ii) any court, tribunal or other judicial or legislative authority in Pakistan; 
(n) “infringing copy” means,__ 
(i) in relation to a literary, dramatic, musical or artistic work, a reproduction 
thereof otherwise than in the form of a cinematographic work; 
(ii) in relation to  a cinematographic work, a copy of the work or a record 
embodying the recording in any part of the sound track associated with 
the film; 
(iii) in relation to a record, any record embodying the same recording; and 
(iv) in relation to a programme in which a br oadcast reproduction right 
subsists under section 24, a record recording the programme, 
if such reproduction, copy or record is made or imported in contravention of any 
of the provisions of this Ordinance; 
(o) “lecture” includes address, speech and sermon; 
2[(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 d isc, 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;] 
 
 
1Subs. by Act No. XX of 1992, s. 2. 
2Subs. by Ordinance No. LIII of 2000, s. 2. 
  
 
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(q) “manuscript” means the original document embodying the work, whether 
written by hand or not; 
(r) “musical work” means any combination of  melody and harmony or either of  
them, printed, reduced to writing or otherwise graphically produced or 
reproduced; 
(s) “newspapers” means any printed periodical work containing public news or 
comments on public news published in conformity with the provisions of 
sections 5, 6, 7 and 8 of the 1[West Pakistan Press and Publications Ordinance, 
1963 (W. P. Ordinance No. XXX of 1963)]; 
(t) “Pakistani work” means a literary, dramatic musical or artistic work, the author 
of which is a citizen of Pakistan and includes a cinematographic work or  a 
record made or manufactured in Pakistan; 
(u) “performance” includes any mode of visual or acoustic presentation, including 
any such presentation by the exhibition of a cinematographic work, or by means 
of 2[broadcast], or by the use of a record, or by any other means and, in relation 
to a lecture, includes the delivery of such lecture; 
(v) “performing rights society” means a society, association or other body, whether 
incorporated or not, which carries on in Pakistan the busine ss of issuing or 
granting licenc es for the performance in Pakistan of any works in which  
copyright subsists; 
2[(va)   “periodical” includes a publication with distinctive title intended to appear in 
successive numbers or in parts at regular or irregular intervals and, as a rule, for 
an indefinite time, each part generally containing articles by several 
contributors;] 
(w) “photograph” includes photo-lithograph and any work produced by any process 
analogous to photography but does not include any part of a cinematographic 
work; 
(x) “plate” includes any stereotype or other plate, stone, block, mould, matrix, 
transfer, negative, tape, wir e, optical film, or other device used or intended to 
be used for printing or reproducing copies of any work, and any matrix or other 
appliances by which records for the acoustic presentation of the work are or are 
intended to be made; 
(y) “prescribed” means prescribed by rules made under this Ordinance; 
2[(z) “public libraries” means the National Library of Pakistan, Islamabad, and such 
other libraries as may be so declared by the Federal Government by notification 
in the official Gazette;] 
 
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch., II. 
2Subs. and Ins. by Act No. XX of 1992, s. 2. 
 
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(za)  “radio diffusion” includes communication to the public by any means of 
wireless diffusion whether in the form of sounds or visual images or 
both; 
(zb) “record” means any disc, tape, wire, perforated roll or other device in 
which sounds are embodied so as to be capable of being reproduced 
therefrom, other than a sound track associated with a cinematographic 
work; 
(zc)  “recording” means the aggregate of the sounds embodied in and capable 
of being reproduced by means of a record; 
1[(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;] 
(zd)   “reproduction” in the case of  a literary, dramatic or musical work, 
includes a reproduction in the form of a record or of a cinematographic 
work and, in the case of an artistic work, includes a version produced by 
converting the work into a three -dimensional form, or if it is in three  
dimensions, by converting it into a two dimensional form and references 
to reproducing a work shall be construed accordingly; 
(ze)   “Registrar” means the Registrar of Copyrights appointed under section 
44 and includes a Deputy Registrar of Copyrights when discharging any 
function of the Registrar; 
(zf) “work” means any of the following works, namely:__ 
(i) a literary, dramatic, musical or artistic work; 
(ii) a cinematographic work;  
(iii) a record; 
(zg) “work of joint authorship” means a work produced by the collaboration 
of two or more authors in which the contribution of one author is not 
distinct from the contribution of the other author or authors; and 
(zh) “work of sculpture” includes casts and models. 
3. Meaning of Copyright .__ (1) For the purpose s of this Ordinance, “copyright” means the 
exclusive right, by virtue of, and subject to the provisions of, this Ordinance,__ 
(a) in the case of a literary, dramatic or musical work, to do and authorize the doing 
of any of the following acts, namely:__ 
 
1Ins. by Ordinance No. LIII of 2000, s. 2. 
 
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(i) to reproduce the work in any material form; 
(ii) to publish the work; 
(iii) to perform the work in public; 
(iv) to produce, reproduce, perform or publish any translation of the work; 
(v) to use the mark in a cinematographic work or make a record in respect 
of the work; 
1[(vi) to broadcast the work, or to communicate the broadcast of the work to 
the public by a loudspeaker or any other similar instrument;] 
(vii) to make any adaptation of the work; 
(viii) to do in relation to a translation or an adaptation of the work any of the 
acts specified in relation to the work in sub-clauses (i) to (vi); 
2[(ix)  to authorize the rental of computer programmes;] 
(b) in the case of an artistic work, to do or authorize the doing of any of the  
following acts, namely:__ 
(i) to reproduce the work in any material form; 
(ii) to publish the work; 
(iii) to use the work in a cinematographic work; 
(iv) to show the work in television; 
(v) to make any adaptation of the work; 
(vi) to do in relation to an adaptation of the work any of the acts specified in 
relation to the work in sub-clauses (i) to (iv); 
(c) in the case of a cinematographic work, to do or authorize the doing of any of the 
following acts, namely:__ 
(i) to make a copy of the work; 
(ii) to cause the work in so far as it consists of visual images, to be seen in 
public and, in so far as it consists of sounds, to be heard in public; 
(iii) to make any record embodying the recording in any part of the sound 
track associated with the work by utilising such sound track; 
 
1Subs. by Act No. XX of 1992, s. 3. 
2Added by Ordinance No. LIII of 2000, s. 3. 
 
 
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1[(iv) to broadcast the work;] 
2[(v) to authorize the rental of cinematographic works;] 
(d) in the case of a record, to do or authorize the doing of any of the following acts 
by utilizing the record, namely:__ 
(i) to make any other record embodying the same recording; 
(ii) to use the record in the sound track of a cinematographic work; 
(iii) to cause the recording embodied in the record to be heard in public; 
(iv) to communicate the recording embodied in the record by 1[broadcast]. 
(2) Any reference in sub-section(1) to the doing of any act in relation to a work or a translation 
or an adaptation thereof shall include a reference to the doing of that act in relation to a part thereof. 
2[(3) Entitlement to copyright in compilation of data or other material shall not extent 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. Meaning of publication.__ (1) For the purposes of this Ordinance, “publication” means,__ 
(a) in the case of a literary, dramatic, musical or artistic work, the issue of copies 
of the work to the public in sufficient quantities; 
(b) in the case of a cinematographic work, the sale or hire or offer for sale or hire 
of the work or copies thereof to the public; 
(c) in the case of a record, the issue of records to the public in sufficient quantities;  
but does not, except as otherwise expressly provided in this Ordinance, include:__ 
(i) in the case of a literary, dramatic or m usical work , the issue of any 
records recording such work; 
(ii) in the case of  a work of sculpture or an architectural work of art, the 
issue of photographs and engravings of such work. 
(2) If any question arises under sub-section (1) whether copies of any literary, dramatic, musical 
or artistic work, or records issued to the public are sufficient in quantities, it shall be referred to the 
Board whose decision thereon shall be final. 
5. When work not deemed to be published or performed in  public.__ Except for the 
purposes of infringement of copyright, a work shall not be deemed to be published or performed in 
public, and a lecture shall not be deemed to be delivered in public, if published, performed in public 
or delivered in public, without the licence or consent of the owner of the copyright. 
 
1Subs. by Act No. XX of 1992, s. 3. 
2Ins. by Ordinance No. LIII of 2000, s. 3. 
 
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6. When work deemed to be first published in Pakistan .__ (1) For the purposes of this 
Ordinance, a work published in Pakistan, shall be deemed to be first published in Pakistan, 
notwithstanding that it has been published simultaneously in some other country, unless such other 
country provides a shorter term of copyright for such work; and a work shall be deemed to be published 
simultaneously in Pakistan and in another country if the time between the publication in Pakistan and 
the publication in such other country does not exceed thirty days. 
(2) If any question arises under sub -section (1) whether the term of copyright for any work is 
shorter in any other country than that provided in respect of that work under this Ordinance, it shall be 
referred to the Board whose decision thereon shall be final. 
7. Nationality of author where the ma king of unpublished work is extended over 
considerable period.__ Where, in the case of an unpublished work, the making of the work is extended 
over a considerable period, the author of the work shall, for the purposes of this Ordinance, be deemed 
to be a citizen of, or domiciled in, the country of which he was a citizen or wherein he was domiciled 
during the major part of that period. 
8. Domicile of corporation .__ For the purposes of this Ordinance , a body corporate shall be 
deemed to be domiciled in Pakistan if it is incorporated under any law in force in Pakistan or if it has 
an established place of business in Pakistan. 
_______ 
CHAPTER II 
COPYRIGHT, OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER. 
9. No copyright except as provided in this Ordinance .— No person shall be entitled to 
copyright or any similar right in any work, whether published or unpublished, otherwise than under 
and in accordance with the provisions of this Ordinance, or of any other law for the time being in force, 
but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach 
of trust or confidence. 
10. Works in which copyright subsists.__ (1) Subject to the provisions of this section and t o 
the other provisions of this Ordinance, copyright shall subsist throughout Pakistan in the following 
classes of works, that is to say,__ 
(a) original literary, dramatic, musical and artistic works; 
(b) cinematographic works; and 
(c) records. 
(2) Copyright shall not subsist in any work specified in sub -section (1), other than a work to 
which the provisions of section 53 or section 54 apply, unless,__ 
(i) in the case of a published work, the work is first published in Pakistan, or where 
the work is first published outside Pakistan, the author is at the date of such 
 
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publication, or in a case where the author was dead at that date, was at the time 
of his death, a citizen of Pakistan or domiciled in Pakistan; 
(ii) in the case of an unpublished work other than an architectural work of art, the 
author is at the date of the making of the work a citizen of Pakistan or domiciled 
in Pakistan; and 
(iii) in the case of an architectural work of art, the work is located in Pakistan. 
1[(2A) * * * * * * *] 
(3) Copyright shall not subsist,__ 
(a) in any cinematographic work, if a substantial part of the work is an infringement 
of the copyright in any other work; 
(b) in any record made in respect of a literary, dramatic or musical work, if, in 
making the record, copyright in such work has been infringed. 
(4) The copyright or the lack of copyright in a cinematographic work or a record shall not affect 
the separate copyright in any work in respect of which or a substantial part of which, the work, or , as 
the case may be, the record is made. 
(5) In the case of an architectural work of art, copyright shall subsist only in the artistic 
character and design and shall not extend to the processes or methods of construction. 
11. Work of joint author s.__ Where, in the case of a work of joint authorship, some one or 
more of the joint authors do not satisfy the conditions conferring copyright laid down by this 
Ordinance, the work shall be treated for the purposes of this Ordinance as if the other author or authors 
had been the sole author or authors thereof: 
Provided that the term of the copyright shall be the same as it would have been if all the authors 
had satisfied such conditions. 
12. Provision as to designs registerable under Act II of 1911 .__ (1) Copy right shall not 
subsist under this Ordinance in any design which is registered under the Patents and Designs Act, 1911 
(II of 1911). 
(2) Copyright in any design which is capable of being registered under the Patents and Designs 
Act, 1911 (II of 1911), but which has not been so registered, shall cease as soon as any article to which 
the design has been applied has been reproduced more than fifty times by an industrial process by the 
owner of the copyright or, with his licence, by any other person. 
13. First owner of copyright.__ Subject to the provisions of this Ordinance, the author of a 
work shall be the first owner of the copyright therein: 
Provided that,__ 
 
1Omitted by Ordinance No. LIII of 2000, s. 4. 
 
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(a) in the case of a literary, dramatic or artistic work made by the author in the 
course of his employment by the proprietor of a newspaper, magazine or similar 
periodical under a contract of service or apprenticeship, for the purpose of 
publication in a newspaper, magazine or similar periodical, the said proprietor 
shall, in the absence of any agreement to the contrary, be the first owner of the 
copyright in the work in so far as the copyright relates to the publication of the 
work in any newspaper, magazine or similar periodical, or to the reprod uction 
of the work for the purpose of its being so published, but in all other respects 
the author shall be the first owner of the copyright in the work; 
(b) subject to the provisions of clause (a), in the case of a photograph taken, or a 
painting or portr ait drawn, or an engraving or a cinematographic work made, 
for valuable consideration at the instance of any person, such person shall, in 
the absence of any agreement to the contrary, be the first owner of the copyright 
therein; 
(c) in the case of a work made in the course of the author's employment under a 
contract of service or apprenticeship, to which clause (a) or clause (b) does not 
apply, the employer shall, in the absence of any agreement to the contrary , be 
the first owner of the copyright therein; 
(d) in the case of a Government work, Government shall, in the absence of any 
agreement to the contrary, be the first owner of the copyright therein; 
(e) in the case of a work to which the provisions of section 53 apply, the 
international organization concerned shall be the first owner of the copyright 
therein. 
14. Assignment of copyright .__ (1) The owner of the copyright in an existing work or the 
prospective owner of the copyright in a future work may assign to any person the copyright ei ther 
wholly or partially and either generally or subject to limitations and either for the whole term of the 
copyright or any part thereof: 
Provided that, in the case of the assignment of copyright in any future work, the assignment 
shall take effect only when the work comes into existence: 
Provided further that, where the owner of the copyright in a work is the author of the work, no 
assignment of the copyright in the work or of any interest in such copyright shall be made, or if made 
shall be effective (e xcept where the assignment is made in favour of Government or an educational, 
charitable, religious or non -profit institution) for a period of more than ten years beginning from the 
calendar year next following the year in which the assignment is made ; if  an assignment of the 
copyright in a work is made in contravention of this proviso, the copyright in the work shall, on the 
expiry of the period specified in this proviso, revert to the author (who may re-assign the copyright in  
  
 
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the work subject to the provisions herein contained), or if the author be dead to his representatives in 
interest 1[:] 
1[Provided further that the copyright in an unpublished work assigned by its author to any 
person or organization for the specific purpose of its publication shall revert to the author if such work 
is not published within a period of three years from the date of its assignment.] 
(2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, 
the assignee as respects t he rights so assigned, and the assignor as respects the rights not assigned, 
shall be treated for the purposes of this Ordinance as the owner of copyright and the provisions of this 
Ordinance shall have effect accordingly. 
1[(2A) If the owner of a copyrigh t, or the publisher to whom such right has been assigned, 
considers any of the terms of the assignment to be likely to affect his interests adversely, he may within 
one year of such assignment apply to the Board to consider such term and the Board may, after hearing 
both the parties, pass such order as it may deem fit; and the order of the Board shall be binding on both 
the parties.] 
(3) In this section, the expression “assignee” as respects the assignment of the copyright in any 
future work includes the le gal representatives of the assignee, if the assignee dies before the work 
comes into existence. 
15. Mode of assignment.__ No assignment of the copyright in any work shall be valid unless 
it is in writing signed by the assignor or by his duly authorized agent. 
16. Transmission of copyright in manuscript by testamentary disposition .__ Where under 
a bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic 
work, and the work was not published before the death  of the testator, the bequest shall, unless the 
contrary intention is indicated in the testator’s will or any codicil thereto, be construed as including the 
copyright in the work in so far as the testator was the owner of the copyright immediately before h is 
death. 
17. Right of owner to relinquish copyright.__ (1) The owner of the copyright in a work may 
relinquish all or any of the rights comprised in  the copyright by giving notice in the prescribed form 
to the Registrar and thereupon such rights shall, subject to the provisions of sub -section (3), cease to 
exist from the date of the notice. 
(2) On receipt of a notice under sub-section (1), the Registrar shall cause it to be published in 
the official Gazette and in such other manner as he may deem fit. 
(3) The relinquishment of all or any of the rights comprised in the copyright in a work shall not 
affect any rights subsisting in favour of any person on the date of the notice referred to in sub-section 
(1). 
___________ 
 
1Subs., added and Ins. by Act No. XX of 1992, s. 4. 
  
 
Page 18 of 48 
 
CHAPTER III  
TERM OF COPYRIGHT 
18. Term of copyright in published literary, dramatic, musical and artistic works .__ 
Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or 
artistic work (other than a photograph) published within the life time of the author until fifty years 
from the beginning of the calendar year next following the year in which the author dies. 
Explanation.__ In this section, the reference to the author shall, in the case of a work of joint 
authorship, be construed as a reference to the author who dies last. 
19. Term of copyright in posthumous work.__ (1) In the case of a literary, dramatic or musical 
work or an engraving, in which copyright subsists at the date of the death of the author or, in the case 
of any such work of joint authorship, at or immediately before the date of the death of the author who 
dies last, but which or any adaptation of which, had not  been published before that date, copyright 
shall subsist until fifty years from the beginning of the calendar year next following the year in which 
the work is first published or, where an adaptation of the work is published in any earlier year, from 
the beginning of the calendar year next following that year. 
(2)  For the purposes of this section,  a literary, dramatic or musical work or an adaptation of 
any such work shall be deemed to have been published, if it has been performed in public or if any 
records made in respect of the work have been sold, or offered for sale, to the public. 
20. Term of copyright in cinematographic works, records and photographs .__ (1) In the 
case of a cinematographic work, copyright shall subsist until fifty years from the beginning of the 
calendar year next following the year in which the work is published. 
(2) In the case of a record, copyright shall subsist until fifty years fro m the beginning of the 
calendar year next following the year in which the record is published. 
(3) In the case of a photograph, copyright shall subsist until fifty years from the beginning of 
the calendar year next following the year in which the photograph is published. 
21. Term of copyright in anonymous and pseudonymous work.__ (1) In the case of a literary, 
dramatic, musical or artistic work (other than a Photograph), which is published anonymously or 
pseudonymously, copyright shall subsist until fifty years from the beginning of the calendar year next 
following the year in which the work is first published: 
Provided that where the identity of the author is disclosed before the expiry of the said period, 
copyright shall subsist until fifty years from the beginning of the calendar year next following the year 
in which the author dies. 
(2) In sub-section (1), references to the author shall, in the case of an anonymous work of joint 
authorship be construed,__ 
(a) where the identity of one of the authors is disclosed as references to that author; 
 
Page 19 of 48 
 
(b) where the identity of more authors than one is disclosed, as references to the 
author who dies last from amongst such authors. 
(3) In sub-section (1), references to the author shall, in the case of a pseudonymous work of 
joint authorship, be construed,__ 
(a) where the names of one or more (but not all) of the authors are 1[pseudonym] 
and his or their identity is not disclosed, as references to the author whose name 
is not a pseudonym, or, if  the names of two or more of the author s are not 
pseudonyms, as references to such one of those authors who dies last; 
(b) where the names of one or more (but not all) of the authors are pseudonyms and 
the identity of one or more of them is disclosed, as references to the author who 
dies last from amongst the authors whose names are not pseudonyms and the 
authors whose names are pseudonyms and are disclosed; and 
(c) where the names of all the authors are pseudonyms and the identity of one of 
them is disclosed, as references to the author whose identity is disclosed or, if 
the identity of two or more of such authors is disclosed, as references to such  
one of those authors who dies last. 
Explanation.__ For the purposes  of this section, the identity of an author shall be deemed to 
have been disclosed, if either the identity of the author is disclosed publicly by both the author and the 
publisher or is otherwise established to the satisfaction of the Board but that author. 
22. Term of copyright in Government works and in works of international 
organizations.__ (1) Copyright in a Government work shall, where Government is the first owner of 
the copyright therein, subsist until fifty years from the beginning of the calendar year next following 
the year in which the work is first published. 
(2) In the case of a work of an international organization to which the provisions of section 53 
apply, copyright shall subsist until fifty years from the beginning of the calendar year next following 
the year in which the work is first published. 
23. Term of copyright in unpubl ished work .__ (1) If a work, whose author’ s identity is 
known, is not published posthumously within fifty years after the death of the author, such work shall 
fall into the public domain after fifty years from the beginning of the calendar year next following the 
year in which the author dies. 
(2) If a work, whose author’ s identity is not known, is not published within fifty years of its 
creation, such work shall fall into the public domain after fifty years from the beginning of the calendar 
year next following the year in which the work is created. 
__________ 
 
_________________________________________________________________________________ 
1Sic. should read “Pseudonyms”.  
 
Page 20 of 48 
 
CHAPTER IV 
1[RIGHTS OF BROADCASTING ORGANIZATIONS, PERFORMERS AND PRODUCERS 
OF PHONOGRAMS (SOUND RECORDING)] 
24. Rights of broadcasting organizations .__ (1) Broadcasting organizations shall enjoy the 
right to authorize__ 
(a) the rebroadcasting of their broadcasts; 
(b) the fixation of their broadcasts; and 
(c) the copying of fixations made of their broadcasts. 
(2) This right shall subsist until twenty-five years from the beginning of the calendar year next 
following the year in which the broadcast took place. 
1[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.] 
1[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.] 
1[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. 
 
1Subs. and ins. by Ordinance No. LIII of 2000, s. 5-8. 
  
 
Page 21 of 48 
 
(d) “producer of phonogram” means a person who, or the legal entity which, fixes the sounds 
of a performance or other sounds. 
(e) “rebroadcasting” means the simultaneous broadcasting by one broadcasting organization of 
the broadcast of another broadcasting organization.] 
27. Other rights not affected.__ For the removal of doubts, it is hereby declared that the rights 
conferred upon broadcasting organizations shall not affect the copyright in any literary, dramatic, 
musical, artistic or cinematographic work, or in any record used in the broadcast. 
_______ 
CHAPTER V 
RIGHTS IN PUBLISHED EDITIONS OF WORKS 
28. Protection of typography and term of protection.__ The publisher of an edition of a work 
shall enjoy the right to authorize the making, by any photographic or similar process, of copies, 
intended for sale in commerce, of the typographical arrangement of the edition, and such right shall 
subsist until twenty-five years from the beginning of the calendar year next following the year in which 
the edition was first published. 
29. Infringements, etc.__ Any person who, without the  authorization of the publisher, makes 
or causes the making of, by any photographic or similar process, copies, intended for sale in commerce, 
of the typographical arrangement of the edition or any substantial part thereof, shall be deemed to 
infringe the rights of the publisher, and the provisions contained in Chapters XII to XVI shall, within 
the limits permitted by the nature of the matter, apply to the publisher and the typographical 
arrangements of editions as if they were authors and works respectively. 
Explanation.__ “Typographical arrangement” shall include calligraphy. 
30. Relations to copyright.__ For the removal of doubts, it is hereby declared that 1[,subject to 
the provisions of sub-section (2A) of section 10,] the rights conferred upon publishers by this Chapter 
shall__ 
(a) subsist irrespective of the question whether the edition is that of  a work 
protected or unprotected by copyright; 
(b) not affect the copyright, if any, in the literary, dramatic, musical or artistic work 
itself. 
_______ 
CHAPTER VI  
PERFORMING RIGHTS SOCIETIES 
31. Performing rights society to file statement s of fees, charges and royalties.__ (1) Every 
performing right society shall, within the prescribed time and in the prescribed manner, prepare, 
 
1Ins. by Act No. II of 1973, s. 3. 
 
Page 22 of 48 
 
publish and file with the Registrar, statement s of all fees, charges or  royalties which it  proposes to 
collect for the grant of licenses for the p erformance in public of works in  respect of which it ha s 
authority to grant such licences. 
(2) If any such society fails, in relation to any work, to prepare, publish or file with the Registrar 
the statements referred to in sub-section (1) in accordance with the provisions of that  sub-section, no 
action or other proceeding to enforce any remedy, civil or criminal, for infringement of the performing 
rights in that work shall be commenced except with the consent of the Registrar. 
32. Objections relating to published statements.__ Any person having any objections to any 
fees, charges or royalties or other particulars included in any statement referred to in section 31 may 
at any time lodge such objections in writing at the Copyright Office. 
33. Determination of objections.__ (1) Every objection lodged at the Copyright Office under 
section 32 shall, as soon as may be, be referred to the Board, and the Board shall decide such objection 
in the manner hereinafter provided. 
(2) The Board shall , notwithstanding that no objection has been lodged, take notice of any 
matter which, in its opinion, is one for objection. 
(3) The Board shall give notic e in respect of every objection  to the performing rights society 
concerned and shall give to such society and the person who lodged the objection a reasonable 
opportunity of being heard. 
(4) The Board shall, after making the prescribed enquiry, make such alterations in the 
statements as it may think fit, and shall transmit the statements thus altered or unchanged, as the case 
may be, to the Registrar, who shall thereupon as soon as practicable after the receipt of such statements, 
publish them in the official Gazette and furnish the performing rights society concerned and the person 
who lodged the objection with a copy thereof. 
(5) The statement of fees, charges or royalties as approved by the Board shall be the fees, 
charges or royalties which the performing rights society concerned may respectively lawfully sue for 
or collect in respect of th e issue or grant by it of licenc es for the performance in public of works to 
which such fees, charges or royalties relate. 
(6) No performing rights society shall have any right of action or any right to enforce any civil 
or other remedy for infringement of the performing rights in any work claimed by such society against 
any person who has tendered or paid to such society the fees, charges or royalties which have been 
approved by the Board as aforesaid. 
34. Existing rights not affected.__ Nothing in this Chapter shall be deemed to affect__ 
(a) any rights or liabilities in relation to the performing rights in work accrued or 
incurred before the commencement of this Ordinance; and 
(b) any legal proceedings in respect of such rights or liabilities pending at such 
commencement. 
____________ 
 
Page 23 of 48 
 
CHAPTER VII 
LICENCES 
35. Licences by owners of copyright .__ The owner of the copyright in any existing work or the 
prospective owner of the copyright in any future work may grant any interest in the copyright by licenceo 
in writing signed by him or by his duty authorized agent: 
Provided that in the case of a licence relating to copyright in any future work, the licence shall take 
effect only when the work comes into existence. 
Explanation.__ When a person to whom a licence relating to copyright in any future work is granted 
under this section dies before the work comes into existence, his legal representatives shall, in the absence 
of any provision to the contrary in the licence, be entitled to the benefit of the licence. 
36. Compulsory licence in works withheld from public.__ (1) If at any time during the term of 
copyright in any Pakistani work which has been published or performed in public, an application is made 
to the Board that the owner of the copyright in the work__ 
(a) has refused to republish or allow the republicatio n of the work or has refused to 
allow the performance in public of the work and by reason of such refusal the work 
is withheld from the public; or 
(b) has refused to allow communication to the public by 1[broadcast] of such work or, 
in the case of a record , the work recorded in such record, on terms which the 
applicant considers reasonable; 1[or]  
1[(c) is dead or is unknown or cannot be traced or found and republication of the work 
is necessary in the public interest;]  
the Board, after giving to the owner of the copyright in the work a reasonable opportunity of being heard 
and after holding such inquiry as it may deem necessary, may, if it is satisfied that such refusal is not in the 
public interest, or that the grounds for such refusal are not reasonable 1[, or that the owner of the copyright 
is dead or is unknown or cannot be traced or found and republication of the work is necessary in the public 
interest,] direct the Registrar to grant to the applicant a licence to republish the work, perform the work in 
public or communicate the work to the public by 1[broadcast], as the case may be, subject to payment to 
the owner of the copyright of such compensation and subject to such other terms and conditions as the 
Board may determine; and thereupon the Registrar shall grant the licenc e to the applicant in accordance 
with the directions of the Board, on payment of such fee as may be prescribed. 
(2) Where two or more persons have made applications under sub-section (1), the licence shall be 
granted to the applicant who , in the opinion of the Board, would best serve the interests of the general 
public. 
2[(3) The Federal Government or the Board may, upon an application by any governmental or 
statutory institution, in the public interest, grant a license to reprint, translate, adopt or publish any text 
book on non-profit basis.] 
 
1Subs., added and Ins. by Act No. XX of 1992, s. 6. 
2Added by Ordinance No. LIII of 2000, s. 9. 
 
Page 24 of 48 
 
37. Licence to produce and publish translation s.__ (1) Any citizen of Pakistan or a person 
domiciled in Pakistan may  apply to the Board for a licenc e to produce and publish a translation of a 
literary or dramatic work in any Pakistani language or a language ordinaril y used in Pakistan  1[, not 
being English, French or Spanish]. 
(2) Every such application shall be made in such form as may be prescribed and shall state the 
proposed retail price of a copy of the translation of the work. 
(3) Every applicant for a licenc e under this section shall, along with his application, deposit 
with the Registrar such fee as may be prescribed. 
(4) When an application is made to the Board under this section, it may, after holding such 
inquiry as may be prescribed, direct the Registrar to grant to the applicant a licenc e, not being an 
exclusive 1[or transferable] licence, to produce and publish a translation of the work in the language 
mentioned in the application, on condition that the applicant shall pay to the owner of the copyright in 
the work royalties in respect of copies of the translation of the work sold to the public, calculated at 
such rate as the Board may, in the circumstances of each case, determine in the prescribed manner: 
Provided that no such licence shall be granted, unless__ 
(a) a translation of the work in the language mentioned in the application has not 
been published by the owner of the copyright in the work or any person 
authorized by him within 1[one year] of the first publication of the work, or if a 
translation has been so published, it has been out of print; 
(b) the applicant has proved to the satisfaction of the Board that he had requested 
and had been denied authorization by the owner of the copyright to produce and 
publish such translation or that he was unable to find the owner of the copyright; 
(c) where the applicant is unable to find the owner of the copyright , he had sent a 
copy of his request for such authorization to the publisher whose name appears 
from the work, not less than two months before the application for the licence; 
(d) the Board is satisfied 1[*  *  *  *  *  *  *] that the applicant is competent to 
produce and publish a correct translation of the work and possesses the means 
to pay to the owner of the copyright the royalties payable to him under this 
section; 
1[(e) * * * * * * *] 
(f) an opportunity of being heard is given wherever practicable to the owner of the 
copyright in the work; and 
(g) the Board is satisfied, for reason to be recorded in writi ng, that the grant of the 
licence will be in the public interest. 
___________ 
 
 
1Added, ins., subs. and omitted by Act No. XX of 1992, s. 7. 
 
Page 25 of 48 
 
CHAPTER VIII 
REGISTRATION OF COPYRIGHT 
38. Register of Copyrights, indexes form and inspection of Register .__ (1) The Registrar 
shall keep at the Copyright Office a register in the prescribed form to be called the Register of 
Copyrights in which shall be entered the names or titles of works and the names and addresses of 
authors, publishers and owners of copyright and such other particulars as may be prescribed. 
(2) The Registrar shall also keep such indexes of the Register of Copyrights as may be 
prescribed. 
(3) The Register of Copyright s and the indexes thereof kept under this section shall at all 
reasonable times be open to inspection, and any person shall be entitled to take copies of , or make 
extracts from, any such register or index on payment of such fee and subject to such conditions as may 
be prescribed. 
39. Registration of copyrights .__ (1) The author or publisher of, or the owner of , or other 
person interested in the copyright in , any work may make an application in the prescribed form 
accompanied by the prescribed fee to the Registrar for entering particulars of the work in the Register 
of Copyrights. 
(2)  On receipt of an application in respect of any work under sub -section (1), the Registrar 
shall enter the particulars of the work in the Register of Copyrights and issue a certificate of such 
registration to the applicant unless, for reason to be recorded in writing, he considers that such entry 
should not be made in respect of any work 1[:] 
1[Provided that in the case of artistic works the Registrar shall not enter the particulars of the 
work in the Register of Copyrights and shall not issue a certificate of registration to the applicant unless 
within one month of the filing of the application,  or within such extended time as the Registrar may 
determine, the applicant has advertised the work itself in a newspaper as may be prescribed, and send 
two copies thereof to the Registrar and unless within one month thereafter, or within such extended 
time as the Registrar may determined, not exceeding two months, the Registrar has not received  any 
objection to the registration of particulars of the work in the Register of Copyrights.] 
40. Registration of assignments, etc., of copyrights.__ (1) Any person interested in the grant 
of an interest in a copyright, either by assignment or licence, may make an application in the prescribed 
form, accompanied by the prescribed fee, the original instrument of such grant and a certified copy 
thereof, to the Registrar for entering the particulars of the grant in the Register of Copyrights. 
(2) On receipt of an application in respect of any work under sub -section (1), the Registrar 
shall, after holding such inquiry as he deems fit, enter the particulars of the grant in the Register of 
Copyrights unless, for reasons to be recorded in writing, he considers that such entry should not be 
made in respect of any grant. 
 
 
1Subs. and added by Ordinance No. LIII of 2000, s. 10.  
 
Page 26 of 48 
 
(3) The certified copy of the grant shall be retained at the Copyright Office and the original 
shall be returned to the person depositing it, with a certificate of registration endorsed thereon or 
affixed thereto. 
41. Correction of entries in the Register of Copyright s and indexes, etc.__ The Registrar 
may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of 
Copyrights and the indexes by__ 
(a) correcting any error in any name, address or particulars; or 
(b) correcting any other error which may have arisen therein by accidental slip or 
omission. 
(2) The Board, on application of the Registrar or of any person aggrieved, may order the 
rectification of the Register of Copyrights by__ 
(a) the making of any entry wrongly omitted to be made in the Register, or 
(b) the expunging of any entry wrongly made in, or remaining on, the Register, or 
(c) the correction of any error or defect in the Register. 
42. Register of Copyrights to be prima facie evidence of particulars entered therein.__ (1) 
The Register of Copyrights and the indexes shall be prima facie evidence of the particulars entered 
therein and documents purporting to be copies of any entry therein or extract  therefrom certified by 
the Registrar and sealed with the seal of the Copyright Office shall be admissible in evidence in all  
courts without further proof or production of the original. 
(2) A certificate of registration of copyright in a work shall be prima facie  evidence that 
copyright subsists in the work and that the person shown in the certificate as the owner of the copyright 
is the owner of such copyright. 
_______ 
CHAPTER IX 
COPYRIGHT OFFICE, REGISTRAR OF COPYRIGHTS AND COPYRIGHT BOARD. 
43. Copyright Office.__ (1) There shall be established for the purposes of this Ordinance an 
office to be called the Copyright Office. 
(2) The Copyright Office shall be under the immediate control of the Registrar of Copyrights 
who shall act under the superintendence and direction of the 1[Federal Government]. 
(3) The Copyright Office shall have a seal the impression whereof shall be judicially noticed. 
 
 
1Subs. by Act No. II of 1973, s. 5. 
  
 
Page 27 of 48 
 
1[43A. Branch of Copyright Office .__ (1) There shall be established for the purpose of 
facilitating the registration of copyrights, a Branch of the Copyright Office at such place i n Pakistan 
as the Registrar may, with the approval of the Federal Government, determine. 
(2)  The Branch Office shall discharge such functions of the Copyright Office as may be 
notified by the Registrar from time to time.] 
44. Registrar and Deputy Registrars of Copyrights.__ (1) The 2[Federal Government] shall, 
for the purposes of this Ordinance, appoint a Registrar of Copyrights and may appoint one or more 
Deputy Registrars of Copyrights. 
(2) The Registrar shall,__ 
(i) sign all entries made in the Register of Copyrights kept under this Ordinance; 
(ii) sign all certificates of registration of copyrights and certified copies under the 
seal of the Copyright Office; 
(iii) exercise the powers conferred and perform the duties imposed upon him by or 
under this Ordinance; 
(iv) be the Secretary of the Copyright Board; and 
(v) shall perform such other functions as may be prescribed. 
(3) A Deputy Registrar of Copyrights shall discharge, under the superintendence and direction 
of the Registrar, such functions of the Registrar under this Ordinance as the Registrar may, from time 
to time, assign to him. 
1[(4) The Registrar may, with the approval of the Federal Government, assign any particular 
functions of the Registrar under this Ordinance to officers other than the Deputy Registrar of 
Copyrights.] 
45. Copyright Board.__ (1) The 2[Federal Government] shall constitute a Board to be called 
the Copyright Board consisting of the following members, namely:__ 
(i) a Chairman appointed by the 2[Federal Government]; 
(ii) not less than three and not more than five other members appointed by the 
2[Federal Government] after consultation with the representative bodies of 
authors, publishers, cinematograph industry and any other interest relating to 
copyright: 
 
 
1Ins. and Added by Act No. XX of 1992, ss. 8-9. 
2Subs. by Act No. II of 1973, s. 5. 
  
 
Page 28 of 48 
 
Provided that adequate representation on the Board shall, as far as possible, be 
given to the residents of each Province; and 
(iii) the Registrar, ex-officio. 
(2) The members, including the Chairman of the Board, other than the ex-officio member, shall 
hold office for such period and on such terms and conditions as may be prescribed. 
(3) The Chairman shall be a person who is, or has been a Judge of a High Court, or is qualified 
for appointment as such Judge. 
46. Powers and procedure of the Board.__ (1) The Board shall, subject to any rules that may  
be made under this Ordinance, have power to regulate its own procedure, including the fixing of places 
and times of its sittings. 
(2) If there is a difference of opinion among the members of the Board in respect of any matter 
coming before it for decision under this Ordinance, the opinion of the majority shall prevail: 
Provided that where there is no such majority the opinion of the Chairman shall prevail. 
(3) The Board may authorize any of its members to exercise any of its powers under section 78 
and any order made or act done in exercise of any such power by the member so authorized shall be 
deemed to be the order or act, as the case may be, of the Board. 
(4) No act done or proceeding taken by the Board under this Ordinance shall by questioned on 
the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board. 
(5) The Board shall be deemed to be a civil court for the purposes of sections 480 and 482 of 
the Code of Criminal Procedure, 1898 (Act V of 1898), and all proceedings before the Board shall be 
deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal 
Code (Act XLV of 1860). 
(6) No member of the Board shall take part in any proceedings before the Board in respect of 
any matter in which he has a personal interest. 
_______ 
CHAPTER X 
DELIVERY OF BOOKS AND NEWSPAPERS TO PUBLIC LIBRARIES. 
47. Delivery of books to public libraries .__ (1) Subject to any rules that may be made under 
this Ordinance, but without prejudice to the provisions contained in section 1[43 of the West Pakistan 
press and publications Ordinance, 1963 (W. P Ordi nance No. XXX of 1963)], the publisher of every 
book published in Pakistan after the commencement of this Ordinance , shall, notwithstanding any 
agreement to the contrary, deliver at his own expense, one copy of the book to each of the 2[public 
libraries within thirty days from the date of its publication, and shall also furnish to it such particulars 
relating thereto as may be prescribed]. 
 
 
1Subs. by the Federal Laws (Revision Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch., II. 
2Subs. by Act No. XX of 1992, s. 10. 
 
Page 29 of 48 
 
(2) The copy delivered to the National Library of Pakistan 1[, Islamabad,] shall be a copy of 
the whole book with all maps and illustrations belonging thereto finished and coloured in the same 
manner as the best copies of the same, and shall be bound, sewed or stitched together, and on the best 
paper on which any copy of the book is printed. 
(3) The copy delivered to any other public library shall be on the paper on which the largest 
number of copies of the book is printed for sale, and shall be in the like condition as the books prepared 
for sale. 
(4) Nothing contained in sub-section (1) shall apply to any second or subsequent edition of a 
book in which edition no additions or a lterations either in the letter-press or in the maps, book -prints 
or other engravings belonging to the book have been made, and a copy of the first or any other edition 
of which book has been delivered under this section. 
1[48. Delivery of periodicals and newspapers to public libraries.__ Subject to any rules that 
may be made under this Ordinance, but without prejudice to the provisions contained in section 36 of 
the Registration of Printing Press and Publication Ordinance, 1989 (VII of 1989), the publisher of 
every periodical or newspaper  published in Pakistan shall deliver, at his own expense, one copy of 
each issue or such periodical or newspaper as soon as it is published to each of the public libraries, and 
shall also furnish to it such particulars relating thereto as may be prescribed.] 
49. Receipt for books 1[, periodicals and newspapers] delivered.__ The person in-charge of 
a public library (whether called a librarian or by any other name) or any other person authorized by 
him in this behalf to whom a copy of a book 1[, periodical or newspaper is delivered under section 47 
or section 48] shall give to the publisher a receipt in writing thereto. 
50. Penalty.__ Any publisher who contravenes any provision of this Chapter or  of any rule 
made thereunder shall be punishable with fine which may extend to 1[five hundred] rupees and, if the 
contravention is in respect of a book 1[or periodical], shall also be punishable with fine which shall be 
equivalent to the value of the book ; 1[or periodical] and the Court trying the offenc e may direct that  
the whole or any part of the fine realised from him shall be paid, by way of compensation, to the public 
library to which the book 1[, periodical] or newspaper, as the case may be, ought to have been delivered. 
51. Cognizance of offences under this Chapter.__ (1) No Court shall take cognizance of any 
offence punishable under this Chapter save on complaint made by an officer empowered in this behalf 
by the 2[Federal Government] by a general or special order. 
(2) No Court inferior to that of a Magistrate of the first class shall try any offen ce punishable 
under this Chapter. 
52. Application of this Chapter to books  1[, periodicals] and newspapers published by 
Government.__ This Chapter shall also apply to books  1[, periodicals] and newspapers published by 
or under the authority of the Government, but shall not apply to books 1[or periodicals] meant for 
official use only. 
___________ 
 
1Ins. and subs. by Act No. XX of 1992, ss. 10-14. 
2Subs. by Act No. II of 1973, s. 5. 
 
Page 30 of 48 
 
CHAPTER XI 
INTERNATIONAL COPYRIGHT 
53. Provisions as to works of certain international organizations .__ (1) The 1[Federal 
Government] may, by notification in the official Gazette, declare that this section shall apply to such 
organizations as may be specified therein of which one or more sovereign powers or the Government 
or Governments thereof are members. 
(2) Where__ 
(a) any work is made or first published by or under the direction or control of any 
organization to which this section applies; and 
(b) there would, apart from this section, be no copyright in the work in Pakistan at 
the time of the making or, as the case may be, of the first publication thereof; 
and 
(c) either__ 
(i) the work is published as aforesaid in pursuance of an agreement in that 
behalf with the author, being an agreement which does not reserve to the 
author the copyright, if any, in the work, or 
(ii) under section 13 any copyright in the work wo uld belong to the 
organization; 
there shall subsist copyright in the work throughout Pakistan  1[,except as 
respects its reprint, translation, adaptation or publication, by or under the 
authority of the Federal Government, as text-book for the purposes of teaching, 
study or research in educational institutions.] 
(3) Any organization to which this section applies which at the material time had not the legal 
capacity of a body corporate shall have, and be deemed at all material time s to have had, the legal 
capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in 
connection with all legal proceedings relating to copyright. 
54. Power to extend copyright to foreign works .__ (1) The 1[Federal Government] may, by 
order published in the official Gazette, direct that all or any of the provisions of this Ordinance shall 
apply__ 
(a) to works first published in a foreign country to which the order relates in like 
manner as if they were first published within Pakistan; 
 
 
 
1Subs. and added by Act No. II of 1973, ss. 4 and 5. 
 
 
Page 31 of 48 
 
(b) to unpublished works, or any class thereof, the authors whereof were at the time 
of making of the work, subjects or citizens of a foreign country to which the 
order relates, in like manner as if the authors were citizens of Pakistan; 
(c) in respect of domicile in a foreign country to which the order relates in like 
manner as if such domicile were in Pakistan; 
(d) to any work of which the author was at the date of the first publication thereof, 
or, in a case where the author was dead at that date, was at the time of his death, 
a subject or citizen of a foreign country to which the order relates in like manner 
as if the author was a citizen of Pakistan at the date or time; 
and thereupon, subject to the p rovisions of this Chapter and of the order, this Ordinance shall 
apply accordingly: 
Provided that__ 
(i) before making an order under this section in respect of any foreign country 
(other than a country with which Pakistan has entered into a treaty or which is 
a party to a convention relating to co pyright to which Pakistan is also a party),  
the 1[Federal Government] shall be satisfied that that foreign country has made, 
or has undertaken to make, such provisions, if any, as it appears to the 1[Federal 
Government] expedient to require for the protection in that country of work  
entitled to copyright under the provisions of this Ordinance; 
(ii) the order may provide that th e provisions of this Ordinance shall apply either 
generally or in relation to such classes of works or such classes of cases as may 
be specified in the order; 
(iii) the order may provide that the term of copyright in Pakistan shall not exceed 
that conferred by the law of the foreign country to which the order relates; 
(iv) the order may provide that the provisions of this Ordinance as to delivery of 
copies of books to public libraries shall not apply to works first published in 
such foreign country except so far as is provided by the order; 
(v) in applying the provisions of this Ordinance as to ownership of copyright s, the 
order may make such modification as appears necessary, having regard  to the 
law of the foreign country; 
(vi) the order may provide that this Ordinance or any part thereof shall not apply to 
works made, or first published, before the commencement of the order. 
55. Power to restrict rights in works of foreign authors first published in Pakistan .__ If it 
appears to the 1[Federal Government] that a foreign country does not give , or has not undertaken to 
give, adequate protection to the works of Pakistani authors, the 1[Federal Government] may, by order  
 
1Subs. by Act No. II of 1973, s. 5. 
 
Page 32 of 48 
 
published in the official Gazette, direct that such of the provisions of this Ordinance as confer copyright 
on works first published in Pakistan shall not apply to works, published after the date specified in the 
order, the authors thereof are subjects or citizens of such foreign c ountry and are  not domiciled in 
Pakistan, and thereupon those provisions shall not apply to such works. 
_______ 
CHAPTER XII  
INFRINGEMENT OF COPYRIGHT 
56. When copyright infringed.__ Copyright in a work shall be deemed to be infringed__ 
(a) when any person, without the consent of the owner of the copyright or without 
a licence granted by such owner or the Registrar under this Ordinance or in 
contravention of the conditions of a licenc e so granted or of any condition 
imposed by a competent authority under this Ordinance,__ 
(i) does anything , the exclusive right to do which is by this Ordinance 
conferred upon the owner of the copyright; or 
(ii) permits for profit any place to be used for the performance of the work 
in public where such performance constitutes an infringement of the 
copyright in the work unless he was not aware , and had no reasonable 
ground for suspecting, that such performance would be an infringement 
of copyright; or 
(b) when any person__ 
(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays 
or offers for sale or hire, or 
(ii) distributes either for the purpose of trade to such an extent as to affect 
prejudicially the owner of the copyright, or 
(iii) by way of trade exhibits in public, or 
(iv) imports into Pakistan, 
any infringing copies of the work. 
Explanation.__ For the purposes of this section, the reproduction of a literary, dramatic, musical 
or artistic work in the form of a cinematographic work shall be deemed to be an “infringing copy”. 
57. Certain acts not to be infringement of copyright .__ (1) The following acts shall not 
constitute an infringement of copyright, namely:__ 
(a) a fair dealing with a literary, dramatic, musical or artistic work for the purpose 
of __ 
 
Page 33 of 48 
 
(i) research or private study; 
(ii) criticism or review, whether of that work or of any other work; 
(b) a fair dealing with a literary, dramatic, musical or artistic w ork for the purpose 
of reporting current events__ 
(i) in a newspaper, magazine or similar periodical, or 
(ii) by 1[broadcast] or in a cinematographic work or by means of 
photographs; 
(c) the reproduction of a literary, dramatic, musical or artistic work for the propose 
of a judicial proceeding or for the purpose of a report of a judicial proceeding; 
(d) the publication in a newspaper of a report of an address of political nature 
delivered at a public meeting unless the report is prohibited by conspic uous 
written or printed notice affixed before and maintained during the lecture at or 
about the main entrance of the building in which the lecture is given and, except 
whilst the building is being used for public worship, in a position near  the 
lecture; but nothing in this  clause shall affect the provisions as to newspaper 
summaries; 
(e) the reproduction of any literary, dramatic or musical work in the certified copy 
made or supplied in accordance with any law for the time being in force; 
(f) the reading or recitation in public of any reasonable extract from a published 
literary or dramatic work; 
(g) the publication in a collection, mainly composed of non-copyright matter, bona 
fide intended for the use of educational institutions and so described in the title 
and in any advertisement issued by or on behalf of the publisher, of short 
passages from published literary or dramatic wor ks, not themselves published 
for the use of educational institutions, in which copyright subsists: 
Provided that not more than two such passages from works of the same 
author are published by the same publisher during any period of five years; 
Explanation.__ In the case of a work of joint authorship references in this 
clause to passages from works shall include references to passages from works 
by any one or more of the authors of those passages or by any one or more of 
those authors in collaboration with any other person. 
(h) the reproduction or adaptation of a literary, dramatic, musical or artistic work__ 
 
1Subs. by Act No. XX of 1992, s. 15. 
 
 
Page 34 of 48 
 
(i) in the course and for the sole purpose of instruction , whether at an 
educational institution or elsewhere , where the reproduction or 
adaptation is made by a teacher or a pupil otherwise than by the use of a 
painting process; or 
(ii) as part of the questions to be answered in an examination; or 
(ii) in answers to such questions; 
(i) the performance, in the course of the activities of an educational institution, of 
a literary, dramatic or musical work by the staff and students of the institution, 
or of a cinematographic work or a record, if the audience is limited to such staff 
and students, the parents and guardians of the students and persons directly 
connected with the activities of the institution; 
(j) the making of records in respect of any literary, dramatic or musical work, if__ 
(i) records recording the w ork have previously  been made by or with the 
licence or consent of, the owner of the copyright in the work; and 
(ii) the person making the records has given the prescribed notice of his  
intention to make the records, and has paid in the prescribed manner to 
the owner of the copyright in the work royalties in respect of all such 
records to be made by him, at the rate fixed by the Board in this behalf: 
Provided that in making the records such person shall not make 
any alterations in, or omissions from, the work, unless records recording 
the work subject to similar alterations and omissions have been 
previously made by, or with the licenc e or consent of the owner of the 
copyright, or unless such alterations and omissions are reasonably  
necessary for the adaptation of the work to the records in question; 
(k) the causing of a recording embodied in a rec ord to be heard in public utilis ing 
the record,__ 
(i) at any premises where persons reside, as part of the amenities provided 
exclusively or mainly for residents therein, or 
(ii) as part of the activities of a club, society or other organization which is 
not established or conducted for profit; 
(l) the performance of a literary, dramatic or musical work by an amateur club or 
society, if the performance is given to a non-paying audience, or for the benefit 
of a religious, charitable or educational institution; 
(m) the reproduction in a newspaper, magazine or other periodical of an article on 
current economic, political, social or religious top ics, unless the owner of 
copyright of such article has expressly reserved to himself the right of such 
reproduction; 
 
Page 35 of 48 
 
(n) the publication in a newspaper, magazine or other periodical of a report of a 
lecture delivered to public; 
(o) the making of not more than three copies of a book (including a pamphlet, sheet 
of music, map, chart or plan) by or under the direction of the person in charge 
of a public library or a non-profit library available for use by the public free of 
charge or a library attached to an e ducational institution for the use of such 
library if such book is not available for sale; 
(p) the reproduction, for the purpose of research or private study or with a view to 
publication, of an unpublished literary, dramatic or musical work kept in a 
library, museum or other institution to which the public has access: 
Provided that where the identity of the author of any such work, or in 
the case of a work of joint authorship, of any of the authors, is known to the 
library, museum or other institution,  as the case may be, the provision of this 
clause shall apply only if such reproduction is made at a time more than fifty 
years from the date of the death of the author or, in the case of a work of joint 
authorship, from the death of the author whose ident ity is known or, if the 
identity of more authors than one is known, from the death of such one of those 
authors who dies last; 
(q) the reproduction or publication of__ 
(i) any matter which has been published in any official Gazette, or the 
report of any committee, commission, council, board or other like body 
appointed by the Government unless the reproduction or publication of 
such matter or report is prohibited by the Government; 
(ii) any judgment or order of a court, tribunal or other judicial authorit y, 
unless the reproduction or publication of such judgment or order is 
prohibited by the court, tribunal or other judicial authority, as the case 
may be; 
(r) the making or publishing of a painting, drawing, engraving or photograph of an 
architectural work of art; 
(s) the making or publishing of a painting, drawi ng, engraving or photograph of a 
sculpture or other artistic work if such work is permanently situate in a public 
place or any premises to which the public has access; 
(t) the inclusion in a cinematographic work of__ 
(i) any artistic work permanently situate in a public place or any premises 
to which the public has access; or 
(ii) any other artistic work, if such inclusion is onl y by way of background 
or is otherwise incidental to the principal matters represented in the 
work; 
 
Page 36 of 48 
 
(u) the use by the author of an artistic work, where the author of such work is not 
the owner of the copyright therein, of any mould, cast, sketch, plan, model or 
study made by him for the purpose of the work; 
Provided that he does not thereby repeat or imitate the main design of the work; 
(v) the making of an object of any description in three dimensions of an artistic 
work in two dimensions, if the object would not appear, to persons who are not 
experts in relation to objects of that description , to be a reproduction of the 
artistic work; 
(w) the reconstruction of a building or structure in accordance with the architectural 
drawings or plans by reference to which the building or structure was originally 
constructed: 
Provided that the original cons truction was made with the consent or 
licence of the owner of the copyrights in such drawings or plans; 
(x) in relation to a literary, dramatic or musical work recorded or reproduced in any 
cinematographic work, the exhibition of such work after the expira tion of the 
term of copyright therein: 
Provided that the provisions of sub -clause (ii) of clause (a), sub -clause 
(i) of clause (b) and clauses (f), (g), (m), and (p) shall not apply as respects any 
act unless that act is accompanied by an acknowledgment__ 
(i) identifying the work by its title or other description; and 
(ii) unless the work is anonymous or the author of the work has previously 
agreed or required that no acknowledgment of his name should be made, 
also identifying the author. 
Explanation.__ For the purposes of clause (a) or clause (b) of this sub-section__ 
(i) in relation to a literary or dramatic work in prose,  a single extract up to 
four hundred words, or a series of extracts (with comments interposed) 
up to a total of eight hundred words with no one extract exceeding three 
hundred words; and 
(ii) in relation to a literary or dramatic work in poetry, an extract or extracts 
up to a total of forty lines and in no case exceeding one fourth of the 
whole of any poem may be deemed to be fair dealing with such work : 
Provided that in a review of a newly published work, reasonably 
longer extracts may be deemed fair dealing with such work. 
(2) The provisions of sub -section (1) shall apply to the doing of any act in relation to the 
translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or 
artistic work as they apply in relation to the work itself. 
 
Page 37 of 48 
 
1[57A. Particulars to be included in records and video films.__ (1) No person shall  
publish a record in respect of any Pakistani work unless the following particulars are displayed 
on the record and on any container thereof, namely:__ 
(a) the name and address of the person who has made the record; 
(b) the name and address of the owner of the copyright in such work; and 
(c) the year of its first publication. 
(2) No person shall publish a video film in respect of any Pakistani w ork unless the following 
particulars are displayed in the video film when exhibited, and on the video cassette or other container 
thereof, namely:__ 
(a) if such work is a cinematographic film required to be certified for exhibition 
under the provisions of the Motion Picture Ordinance, 1979 (XLIII of 1979), a 
copy of the certificate granted in respect of such work by the Central Board of 
film Censors under sub - section (3) of section 5 of that Ordinance  or by any 
other agency authorised by the Government for the purpose; 
(b) the name and address of the person who has made the video film and a 
declaration by him that he h as obtained the necessary licenc e or consent from 
the owner of copyright in such work for making such video film; and 
(c) the name and address of the owner of the copyright in such work.] 
2[58. Importation and exportation of infringing copies .__ (1) The Registrar, on application 
of owner of copyright or his duly authorized agent and on payment of prescribed fee, may, after making 
such inquiry as he may deem fit, order that no infringing copies of the work shall be imported into or 
exported out of Pakistan. 
(2) Subject to such provisions as may be prescribed, the Registrar or any person authorized by 
him in this behalf may enter any ship, vehicle, dock or premises where any such copies as are referred 
to in sub-section (1) may be found and may examine such copies. 
(3) All copies to which any order made under sub -section (1) applies, shall be deemed to be 
goods of which the bri nging into or exporting out of Pakistan is prohibited or restricted under the 
provisions of the Customs Act, 1969 (IV of 1969), and all the provisions of that Act shall have effect 
accordingly.] 
___________ 
 
 
1Ins. by Act No. XX of 1992, s. 16. 
2Subs. by Ordinance No. LIII of 2000, s. 11.  
 
Page 38 of 48 
 
CHAPTER XIII  
CIVIL REMEDIES 
59. Definition.__ For the purposes of this Chapter, unless the context otherwise requires, the 
expression "owner of copyright" shall include__ 
(a) an exclusive licensee; 
(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or 
artistic work, the publisher of the work, until the identity of the author or, in the 
case of an anonymous work of joint authorship or a work of joint authorship 
published under names all of which are pseudonyms, the identity of any of the 
authors, is disclosed publicly by t he author and the publisher or is otherwise 
established to the satisfaction of the Board by that author or his legal 
representatives. 
60. Civil remedies for infringement of copyright .__ (1) Where copyright in any work has 
been infringed, the owner of the copyright shall, except as otherwise provided by this Ordinance, be 
entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be 
conferred by law for the infringement of a right: 
Provided that if the defendant proves that at the date of the infringement he was not aware that 
copyright subsisted in the work and he had reasonable ground for believing that copyright did not 
subsist in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect 
of the infringement and a decree for the whole or part of the profits made by the defendant by the sale 
of the infringing copies as the court may in the circumstances deem reasonable. 
(2) Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be 
that of the author or the publisher, as the case may be, appears on copies of the work as published, or, 
in the case of an artistic work, appeared on t he work when it was made, the person whose name so 
appears or appeared shall, in any proceedings in respect of infringement of copyright in such work, be 
presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may 
be. 
(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall 
be in the discretion of the court. 
1[60A. Special remedies for infringement of copyright .__ (1) where copyright in any work 
has been infringed and the owner of the copyright is unable to institute immediate regular legal 
proceedings for sufficient cause, the owner or any other person having any interest in the copyright in 
the work, may apply to the Court for immediate provisional orders to prevent i nfringement of the 
copyright in such work and for preservation of any evidence re lating to such infringement 
notwithstanding that regular proceedings in the form of a suit or other civil proceedings have not yet 
been instituted by the owner. 
 
1Ins. by Ordinance No. LIII of 2000, s. 12.  
 
Page 39 of 48 
 
(2) The court may pass any interim orders envisaged in sub section (1) without prior notice to 
the defendant, if the court is satisfied that the applicant has some interest in copyright in the work and 
the right of the applicant is likely to be infringed, affected or prejudiced and any delay in passing such 
orders is likely to cause irreparable harm to the applicant or where there is a reasonab le risk of 
evidence, either being  destroyed, hidden or removed from the jurisdiction of the court or ot herwise 
there is a likelihood of  frustration of the intended proceedings if immediate action could not be 
instituted or there is likelihood of multiplicity of proceedings in the absence of the such orders. 
(3) Where the copyright owner or any other person having any interest in the copyright has 
sought interim orders as provided in sub section (1) and (2), such order shall cease to have effect if a 
suit for infringement of copyright or other civil proceedings are not initiated within a maximum period 
of thirty days, and where such regular proceedings have been filed by the owner of the copyright, the 
provisional proceedings in respect of such a work by  whosoever filed shall merge in to the regular 
proceedings. 
(4) While exercising powers under sub-section (1) and (2), the court, in case of import or export 
of consignment containing infringing copies of works,  may direct the custom authorities , in whose 
custody such consignment is lying for t he time being to refuse release of such consignment pending 
decision of the matter by the court: 
Provided that where interim orders are revoked or cease to have effect due  to any act or 
omission of the applicant , the court may award appropriate costs to th e defendant for any injury 
caused.] 
61. Protection of separate rights .__ Subject to the provisions of this Ordinance, where the 
several rights comprising the copyright in any work are owned by different persons, the owner of any 
such right shall, to the extent of that right, be entitled to the remedies provided by this Ordinan ce and 
may individually enforce such right by means of any suit, action or other proceeding without making 
the owner of any other right a party to such or proceeding. 
62. Author’s special rights.__ (1) Notwithstanding that the author of a work may have assigned 
or relinquished the copyright in the work, he shall have the right to claim the authorship of the work 
as well as the right to restrain, or claim damages in respect of any distortion, mutilation or other 
modification of the said work, or any other ac tion in relation to the said work which would be 
prejudicial to his honor or reputation. 
(2) The right conferred upon an author of a work by sub -section (1) may be exercised by the 
legal representatives of the author. 
63. Rights of owner against persons possessing or dealing with infringing copies .__ All 
infringing copies of any work in which copyright subsists, and all plates used or intended to be used 
for the production of such infringing copies, shall be deemed to be the property of the owner of the 
copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect 
of the conversion thereof: 
Provided that the owner of the copyright shall not be entitled to any remedy in respect of the 
conversion of any infringing copies, if the opponent proves__ 
 
Page 40 of 48 
 
(a) that he was not aware that copyright subsisted in the work and he had reasonable 
ground for believing that copyright did not subsist in the work of which such 
copies are alleged to be infringing copies; or 
(b) that he has reasonable ground for believing that such copies or plates do not 
involve infringement of the copyright in any work. 
64. Restriction on remedies in the case of works of architecture .__ (1) Where the 
construction of a building or other structure which infringes or which, if completed, would infringe the 
copyright in some other work has been commenced, the owner of the copyright shall not be entitled to 
obtain an injunction to restrain the construction of such building or structure or to order its demolition. 
(2) Nothing i n section 63 shall apply in respect of the construction of a building or other 
structure which infringes or which, if completed, would infringe the copyright in some other work. 
1[65. Jurisdiction of court and limitation .__ 2[(1) Every suit or other civil proceedings 
regarding infringement of copyright shall be institute d and tried in the Court of District Judge which 
shall ordinarily be decided within a period of twelve months.] 
(2) Where a petition has  been filed under the proviso to sub -section (1), the Board, or a 
Committee consisting of the Chairman and not less than two members of the Board as the Chairman 
may appoint, shall consider the matter, and, after giving the parties an opportunity of being heard, pass 
such order as it thinks fit. 
(3) The decision of the Committee referred to in sub -section (2) shall be deemed to be the 
decision of the Board. 
(4) Where a matter has been referred to the Board under the proviso to sub-section (1), no court 
shall hear, try or entertain any suit or proceeding relating to that matter. 
(5) The decision of the Board shall, subject to the provisions as to appeal, be final, and shall be 
executed in the manner provided in section 79.] 
2[CHAPTER XIIIA 
PROHIBITION OF IMPORTATION AND EXPORTATION 
65A. Prohibition .__ No infringing copies of any work, whether themselves or depicted or 
applied to any article or goods or in any other form, shall be allowed to be imported into or export ed 
out of Pakistan either by sea, air, land or through any other means or channel of communication. 
65B. Jurisdiction of o fficers of customs. __ (1) An officer of custom functioning under the 
Customs Act, 1969 (IV of 1969), may, upon an application by the owner of copyright in the work or  
any other person having an interest in the copyright in the work, detain any consignment intended to 
be imported into or exported out of Pakistan which is suspected to contain infringing copies of any 
work. 
 
1Subs. by Act No. XX of 1992, s. 17. 
2Subs. and ins. by Ordinance No. LIII of 2000, ss. 13-14. 
  
 
Page 41 of 48 
 
(2) A consignment detained under sub-section (1), shall be examined by an officer of customs 
in the presence of the parties and upon determination that such consignment contains infringing copies 
of any work, the same shall be ordered to  be confiscated and the importer or exporter thereof, as  the 
case may be, shall be liable to such penalties as provided in this behalf in the Customs Act, 1969 (IV 
of 1969): 
Provided that all the process of detention and examination of the consignment as provided in 
this section shall be completed ordinarily within a period of fifteen days of the filing of the application 
by the aforesaid person: 
Provided further that an order passed by any officer of customs under this section shall be 
deemed to be an order passed under the Customs Act, 1969 (IV of 1969), and s hall be appealable as 
such. 
65C. Release of detained consignment .__ In case where the consignment intended to be 
imported into or exported out of Pakistan has been detained by an officer of customs under section 
65B and the requirements of the first proviso to that section are not completed, the importer or exporter 
of such consignment, as the case may be, may apply to the concerned custom s authorities for release 
of such goods subject to furnishing such security as may be deemed appropriate by the officer of 
customs.] 
_______ 
CHAPTER XIV  
OFFENCES AND PENALTIES 
66. Offences of infringement of copyright or other rights conferred by this Ordinance .__ 
Any person who knowingly infringes or abets the infringement of__ 
(a) the copyright in a work, 1[*] 
1[(ab) the rental rights in cinematographic works and computer programmes; 
(ac) the rights of performers or producers of sound recording; or] 
(b) any other right conferred by this Ordinance, 
shall be punishable with 2[imprisonment which may extend to three years, or with fine which may 
extend to one hundred thousand rupees] or with both. 
Explanation.__ Construction of a building or other structure which infringes or which, if 
completed, would infringe the copyright in some other work, shall not be an offence under this section. 
 
1Omitted and ins. by Ordinance No. LIII of 2000, s. 15. 
2Subs. by Act No. XX of 1992, s. 18. 
  
 
Page 42 of 48 
 
1[66A. Penalty for publishing collections or compendiums of work which have been 
adapted, translated or modified in any manner without the authority of the owner of the 
copyright.__ Any person who knowingly publishes, or causes to be published, a collection or 
compendium of works which have been adapted, translated or modified in any manner without the 
authority of the owner of the copyright in the original works, or who fraudulently employs a title which 
tends to mislead the public or create confusion with another work published earlier, shall be punishable 
with imprisonment which may extend to three years, or with fine which may extend to one hundred 
thousand rupees, or with both. 
66B. Penalty for unauthorised reproduction or distribution of counterfeit copies of sound 
recording and cinematographic work .__ Any person who unauthorisedly makes or distributes 
counterfeit of sound recording and cinematographic work for the purpose of bus iness, profit or gain 
shall be publishable with imprisonment which may extend to three years, or with fine which may 
extend to one hundred thousand rupees, or with both. 
66C. Penalty for exploitation and appropriation of recording or audio -visual work 
intended for private use .__ Any person who for the purpose of business, profit or gain, exploits or 
appropriates any sound recording or audio -visual work intended for private use, shall be punishable 
with imprisonment which may extend to three years, or with f ine which may extend to one hundred 
thousand rupees, or with both. 
66D. Penalty for making copies or reproduc tion in excess of those authoris ed by the 
copyright owner or his successor in title .__ Any person who produces , or causes to be produced, 
copies or reproductions in excess of the number authorised by the copyright owner or his successor in 
title, shall be punishable with imprisonment which may extend to three years, or with fine which may 
extend to one hundred thousand rupees, or with both.] 
2[66E. Penalty for  unauthorized rental of cinematographic works and computer 
programmes.__ Any person who, without authorization of the copyright owner or his licensee rents 
out the original or copies of the cinematographic works or computer programmes, shall be punishable 
with imprisonment which may extend to three year , or with fine which may extend to one hundred 
thousand rupees or with both.] 
67. Possession of plates for purpose of making infringing copies.__ If any person knowingly 
makes or has in his possession any plate for the purpose of making infringing copies of any work in 
which copyright subsists, or knowingly and for his private profit causes any such work to be performed 
in public without the consent of the owner of the copyright, he shall be punishable with 1[imprisonment 
which may extend to two years, or with fine which may extend to one hundred thousand rupees ], or 
with both. 
68. Penalty for making false entries in the Register, etc., or producing or tendering false 
evidence.__ Any person who,__ 
(a) makes or causes to be made a false entry in the Register of Copyright, or 
 
1Ins. and subs. by Act No. XX of 1992, ss.19-20. 
2Ins. by Ordinance No. LIII of 2000, s. 16. 
 
 
Page 43 of 48 
 
(b) makes or causes to be made a writing falsely purporting to be a copy of any 
entry in the Register, or 
(c)   produces or tenders or causes to be produced or tendered as evidence any such 
entry or writing, knowing the same to be false, 
shall be punishable with 1[imprisonment which may extend to two years, or with fine which may 
extend to one hundred thousand rupees], or with both. 
69. Penalty for making false statements for the purpose of deceiving or influe ncing any 
authority or officer.__ Any person who,__ 
(a) with a view to deceiving any authority or officer in the performance of any of 
his functions under any of the provisions of this Ordinance, or 
(b) with a view to inducing or influencing the doing or omission of anything in 
relation to this Ordinance or any matter thereunder, 
makes a false statement or representation knowing the same to be false, shall be punishable, with 
1[imprisonment which may extend to two years, or with fine which may extend to on e hundred 
thousand rupees], or with both. 
70. False attribution or authorship, etc.__ Whosoever__ 
(1) inserts or affixes the name of any person in or on a work of which that person 
is not the author, or in or on a reproduction of such a work, in such a way as to 
imply that such person is the author of the work; or  
(2) publishes or sells or lets for hire, or by way of  trade offers, exposes for sale or 
hire, or by way of trade exhibits in public a work in or on which the name of a 
person has been inserted or affixed in such a way as to imply that such person 
is the author of the work, or the publisher of the work, who to his knowledge is 
not the author or the publisher, as the case may be, of such work; or 
(3)  does any of the acts mentioned in clause (2) in relation to, or distributes, 
reproductions of a work, being reproductions in or on which any person’s name 
has been inserted or affixed in such a way as to imply that such person is the 
author of the work , who to his knowledge is not the author of such work, or 
performs in public, or broadcasts the work as being the work of a particular 
author, who to his knowledge is not the author of such work; 
shall be punishable with 1[imprisonment which may extend to two years, or with fine which may 
extend to one hundred thousand rupees], or with both. 
 
 
1Subs. by Act No. XX of 1992, s. 20.  
 
Page 44 of 48 
 
1[70A. Penalty for contravention of section 57A .__ Any person who publishes a record or a 
video film in contravention of the provisions of section 57A , shall be punishable with imprisonment 
which may extend to three years, or with fine which may extend to one hundred thousand rupees , or 
with both. 
70B. Enhanced fine in the case of subsequent offences.__ Where any person convicted for an 
offence punishable under section 66, 66A, 66B, 66C, 66D, 2[66E] or 70A, is again convicted for the 
same offence, the said section shall have effect as if for the words “one hundred thousand” therein the 
words “two hundred thousand” were substituted.] 
71. Offences by companies.__ (1) Where any offence under this Ordinance has been committed 
by a company, every person who at the time the offence was committed was in charge of, and was 
responsible to the company for, the conduct of the business of the company, as well as the company  
shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished 
accordingly: 
Provided that nothing contained in this sub -section shall render any person liable to any 
punishment, if he proves that the offence was comm itted without his knowledge or that he exercised 
all due diligence to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub -section (1), where an offence  under this 
Ordinance has been committed by a company, and it is proved  that the offence was committed with 
the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, 
secretary or other officer of the company, such director, manager, secretary or other officer shall also 
be deeme d to be guilty of that offence and shall be liable to be proceeded against and punished 
accordingly. 
Explanation.__ For the purposes of this section__ 
(a) “company” means any body corporate and includes a firm or other association 
of persons; and 
(b) “director” in relation to a firm means a partner in the firm 
72. Cognizance of offences.__ No court inferior to that of a Magistrate of the first class shall 
try any offence under this Ordinance. 
73. Power of the court to dispose of infringing copies  1[, plates or recording equipment] 
for purpose of making infringing copies.__ The court before which any offence under this Ordinance 
is tried may, whether the alleged offender is convicted or not, order that all copies of the work or all 
plates 1[or recording equipment ] in the possession of the alleged offender, which appear to it to be 
infringing copies, or plates 1[or recording equipment used or intended to be used ] for the purpose of 
making infringing copies, be destroyed or delivered to the owner of the copyright or otherwise dealt 
with as the court may think fit. 
 
1Ins and subs. by Act No. XX of 1992, ss. 21-22. 
2Ins. by Ordinance No. LIII of 2000, s. 17. 
 
 
Page 45 of 48 
 
74. Powers of police to seize infringing copies 1[, plates and recording equipment].__ 1[(1) 
Any police officer, not bellow the rank of Sub-inspector, shall, if he is satisfied that an offence under 
Chapter XIV in respect of infringement of copyright in any work has been, is being, or is likely to be, 
committed, seize without warrant all copies of the work and all plates and recording equipments used 
for the purposes of making infringed copies of the work, wherever found, and all copies, plates and 
recording equipments so seized shall, as soon as practicable, be produced before a Magistrate: 
Provided that no such copy, plate or recording equipment as is owned by any public library or 
a library attached to an educational institution or a non -profit library available for use by the public 
free of charge or is in the possession of any person for his bona fide use shall be seized.] 
(2) Any person having an interest in any copies of a work  1[, plates or recording  equipment] 
seized under sub -section (1) may, within fifteen days of such seizure, make an application to the 
Magistrate for such copies 1[, plates or recording equipment] being restored to him and the Magistrate, 
after hearing the applicant and the complainant and making such further inquiry as may be necessary, 
shall make such order on the application as he may deem fit. 
1[(3) All offences under this Ordinance shall be cognizable and non-bailable.] 
1[74A. Power of Magistrate to award compensation for offences under this Chapter.__ (1) 
The Magistrate may, when passing a sentence of fine, direct that an amount not exceeding fifty per 
cent of the fine imposed by him but commensurate with the loss suffered by the party shall be paid as 
compensation to the person whose right has been in fringed or to the heirs or legal representatives of 
such person. 
(2) Payment of any compensation to any person under sub-section (1) shall be without prejudice 
to his right to any claim in a suit or other proceeding which may be instituted, or may be pending in a 
Court, in relation to the same matter.] 
CHAPTER XV 
APPEALS 
75. Appeals against certain orders of Magistrate.__ Any person aggrieved by an order made 
under section 73 1[, sub-section (2) of section 74 or sub-section (1) of section 74A] may, within thirty 
days of the date of such order, appeal to the court to which appeals from the court making the order 
ordinarily lie, and such appellate court may direct that execution of the order be stayed pending 
disposal of the appeal. 
76. Appeals against orders of Registrar .__ Any person aggrieved by any final decision or 
order of the Registrar may, within three mo nths from the date of the  decision or order, appeal to the 
Board: 
Provided that the Registrar shall not sit as a member of the Board when  the Board hears an 
appeal under this section. 
 
1 Added, Subs. and Ins. Act No. XX of 1992, ss. 23-25. 
  
 
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77. Appeals against orders of the Board.__ (1) Any person aggrieved by any final decision or 
order of the Board, not being the decision or order made in an appeal under section 76 may, within 
three months from the date of such decision or order, appeal to the High court within whose jurisdiction 
the appellant actually and voluntarily resides or carries on business or personally works for gain: 
Provided that no such appeal shall lie against a decision of the Board under sub -section (2) of 
section 4 and sub-section (2) of section 6. 
(2) In calculating the period of three months provided for an appeal under section 76 and sub -
section (1), the time taken in granting a certified copy of the order or record of the decision appealed 
against shall be excluded. 
                                                          ___________ 
 
CHAPTER XVI  
MISCELLANEOUS 
78. Registrar and Board to possess certain powers of civil court.__ The 1[Register] and the 
Board shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 
(Act V of 1908), in respect of the following, namely:__ 
(a) sommoning and enforcing the attendance of any person and examining him on 
oath: 
(b) requiring the discovery and production of any document;  
(c)  receiving evidence on affidavits; 
(d) issuing commissions for the examination of witnesses or documents; 
(e) requisitioning any public record or copy thereof from any court or office; 
(f) any other matter of procedure which may be prescribed. 
Explanation.__ For the purpose of enforcing the attendance of witnesses, the local limits of the 
jurisdiction of the Registrar or the Board, as the case may be, shall be the whole of Pakistan. 
79. Order for payment of money passed by Registrar or Board to be executable as a 
decree.__ Every order made by the Registrar or the Board under this ordinance for the payment of any 
money or by the High Court in any  appeal against any such order of the Board shall, on a certificate 
issued by the Registrar, the Board or the Registrar or the High Court, as the case may be, be deemed 
to be a decree of a civil court and shall be executable in the same manner as a decree of such court. 
80. Indemnity.__ No suit or other legal proceeding shall lie against any person in respect of 
anything which is in good faith done or intended to be done in pursuance of this Ordinance. 
81. Certain persons to be public servants .__ Every officer appointed under this Ordinance 
and every member of the Board shall be deemed to be a public servant within the meaning of section 
21 of the Pakistan Penal Code (Act XLV of 1860). 
1Sic should read “Registrar”. 
 
Page 47 of 48 
 
82. Powers to make rules.__ (1) The 1[Federal Government] may, after previous publication, 
make rules for carrying out the purposes of this ordinance. 
(2) In particular, and without prejudice to the generality of the foregoing power, the rules may 
provide for all or any of the following, namely:__ 
(a) the term of office and conditions of service of the Chairman and other members 
of the Board; 
(b) the form of complaints an d application s to be made , and the licences  to be 
granted, under this Ordinance ; 
(c) the procedure to be followed in connection with any proceeding before the 
Registrar or the Board; 
(d) the manner of determining any royalties payable under this Ordinance, and the 
security to be taken for the payment of such royalties; 
(e) the form of Register of Copyrights to be kept under this Ordinance and the 
particulars to be entered therein; 
(f) the matters in respect of which the Registr ar and the Board shall have powers 
of a civil court; 
(g) the fees which may be payable under the Ordinance; 
(h) the regulation  of business of the Copyright Office and of all things by this 
Ordinance placed under the direction or control of the Registrar. 
83. 2[Omitted] 
84. Savings and transitory provisions.__ (1) Where any person has, before the commencement 
of this Ordinance, taken any action whereby he has incurred any expenditure or liabilities in connection 
with the reproduction or performance of any work in a manner which at the time was lawful or for the 
purpose of or with a view to the reproduction or performance  of a work at a time when such 
reproduction or performance  would, but for the coming into force of this Ordinance, have been lawful, 
nothing in this section shall diminish or prejudice any rights or interests arising from or in connection 
with such actions which are subsisting and valuable at the said date , unless the person who, by virtue 
of this Ordinance, becomes entitled to restrain suc h reproduction or performance agrees to pay such 
compensation as, failing agreement, may be determined by the Board. 
(2) Copyright shall not subsist by virtue of this Ordinance in any work in which copyright did 
not subsist immediately before the commencement of this Ordinance under any Act repealed by section 
83. 
 
 
1Subs. by Act No. II of 1973, s. 5. 
2Omitted by the Federal Laws (Revision Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch., II. 
 
Page 48 of 48 
 
(3) Where copyright subsist ed in any work immediately before the commencement of this 
Ordinance, the rights comprising such copyright shall, as from the date of such commencement, be the 
rights specified in section 3 in relation to the class of works to which such work belongs, and wh ere 
any new rights are conferred by that section the owner of such rights shall be__ 
(a) in any case where copyright in the work was wholly assigned before the 
commencement of this Ordinance, the assignee or his successor-in -interest; and 
(b) in any other  case, the person who was the first owner of the copyright in the 
work under any Act repealed by section 83 or his legal representatives. 
(4) Except as otherwise provided in this Ordinance, where any person was entitled immediately 
before the commencement of this Ordinance to copyright in any work or any right in such cop yright 
or to an interest in any such right, he shall continue to be entitled to such right or interest for the period 
for which he would have been entitled thereto if this Ordinance had not come into force. 
(5) Nothing contained in this Ordinance shall be deemed to render any act done before its 
commencement an infringement of copyright if that act would not otherwise have constituted such an 
infringement. 
 
 
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RGN.20-06-2025