Commons:Copyright rules by territory/Bangladesh
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This page requires updating because: New Copyright Act 2023 has been passed In doing so, you could add a timestamp to the page.
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Copyright rules: Bangladesh Shortcut: COM:BANGLADESH | |
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| Durations | |
|---|---|
| Standard | Life + 60 years |
| Photograph | Publish + 60 years |
| Anonymous | Publish + 60 years |
| Audiovisual | Publish + 60 years |
| Posthumous | Publish + 60 years |
| Government | Publish + 60 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Bangladesh}} |
| ISO 3166-1 alpha-3 | BGD |
| Treaties | |
| Berne convention | 4 May 1999 |
| Univ. Copyright Convention | 5 August 1975 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Bangladesh relevant to uploading works into Wikimedia Commons. Note that any work originating in Bangladesh must be in the public domain, or available under a free license, in both Bangladesh and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Bangladesh, refer to the relevant laws for clarification.
Background
Bengal was part of British India until it gained independence in 1947 as the eastern part of Pakistan. The country became independent of Pakistan in 1971, taking the name Bangladesh.
Bangladesh has been a member of the World Trade Organization since 1 January 1995 and the Berne Convention since 4 May 1999.[1]
The first law on copyright was introduced in Bangladesh in 1914, based on the British Copyright law of 1911. This was replaced by the Copyright Ordinance 1962, which in turn was replaced by the Copyright Act 2000.[2] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2000 (Act No. 28 of 2000, as amended up to 2005) as the main copyright law enacted by the legislature of Bangladesh.[1] WIPO holds the Bengali text of this law in their WIPO Lex database.[3] The Copyright Office Bangladesh provides an English translation on their website.[4]
The Copyright Act, 2000 repealed The Copyright Ordinance, 1962 (Ordinance no XXXIV of 1962).[28/2000 Section 105(1)] It was not retroactive: "Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act".[28/2000 Section 105(3)]
General rules
Under the Copyright Act 2000,
- Copyright subsists in any literary, dramatic, musical or artistic work (except a photograph) published within the lifetime of the author until 60 years from the beginning of the calendar year next following the year in which the author dies. The reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who died last.[28/2000 Section 24]
- With a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author, but which has not been published before that date, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the work is first published.[28/2000 Section 25(1)]
- With a cinematograph film, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the film is published.[28/2000 Section 26]
- With a sound recording, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the sound recording is published.[28/2000 Section 27]
- With a photograph, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the photograph is published.[28/2000 Section 28]
- With a computer programme, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the programme is published.[28/2000 Section 28A]
- With a literary, dramatic, musical or artistic work (except a photograph) which is published anonymously or pseudonymously, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the work is first published.[28/2000 Section 29]
- Copyright in a Government work, where the Government is the first owner of the copyright, subsists until 60 years from the beginning of the calendar year next following the year in which the work is published.[28/2000 Section 29]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Bangladesh}} - for photographs and films 60 years starting from the end of the year it was produced; for other works 60 years after the death of the author, or last-surviving author.
Freedom of panorama
See also: Commons:Freedom of panorama
OK for architecture, sculptures, and works of artistic craftsmanship: {{FoP-Bangladesh}}
Not OK for other types of artistic works.
According to the 2000 Copyright Act of Bangladesh, copyright is not infringed by,
- The making or publishing of a painting, drawing, engraving or photograph of architecture or the display of a work of architecture.[28/2000 Section 72(19)];
- The making or publishing of painting, drawing, engraving or photograph of a sculpture or other artistic work falling under section 36(c), if such work is permanently situated in a public place or any premises to which the public has access.[28/2000 Section 72(20)];
- The inclusion in a cinematograph film of (i) any artistic work permanently situated in a public place or any premises to which the public has access; or ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film.[28/2000 Section 72(21)];
Under 2000 Copyright Act of Bangladesh, the "artistic works" are enumerated as: (a) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph whether or not any such work possesses artistic quality; (b) a work of architecture; and (c) any other work of artistic craftsmanship.[28/2000 Section 2(36)] Thus the Bangladeshi freedom of panorama only applies to works of architecture, sculptures, and works of artistic craftsmanship "permanently situated in a public place or any premises to which the public has access."
As expected in most of the former British colonies, the Bangladeshi law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the COM:FOP United Kingdom for more details.
Stamps
See also: Commons:Stamps
. No Bangladeshi stamps might be uploaded before 2032 because the first stamps were issued on 29 July 1971 and the copyright term for government works is 60 years from publication. The 1971 stamps might be uploaded in 2032.
See also
Citations
- ↑ a b Bangladesh Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Mohammad Monirul Azam (2013). Copyright law in Bangladesh. Legal Steps. Retrieved on 2018-12-17.
- ↑ Copyright Act, 2000 (Act No. 28 of 2000, as amended up to 2005) (in Bengali). Bangladesh (2005). Retrieved on 2018-11-08.
- ↑ Copyright Act, 2000: Act No. XXVIII of 2000. Copyright Office Bangladesh (18 July 2000). Retrieved on 2018-12-17.