By Nafew Sajed Joy

As Bangladesh strives to develop its creative industries, outdated copyright enforcement mechanisms pose significant obstacles. While copyright laws have existed since the British colonial era, rampant violations—particularly in publishing, music, and digital media—threaten creators' livelihoods. Strengthening the copyright framework is essential for protecting creators, stimulating economic opportunities, and fostering innovation.

A Snapshot of Copyright Law in Bangladesh

Copyright law has evolved from ancient principles, such as the case of Saint Columba copying Saint Finian’s hymnal, to the establishment of international standards through the Paris and Berne Conventions. In Bangladesh, copyright law was introduced in 1962 and updated in 2000, 2005, and again in 2023 to address contemporary challenges. Despite these reforms, issues like piracy and enforcement challenges persist due to limited awareness and bureaucratic delays.

The Copyright Act 2023 introduces essential updates to protect creators in literature, music, and digital content, replacing the previous Act and expanding "fair use" rights to align with international standards. Key changes include stricter penalties for copyright infringement, enhanced protections for ICT-related works, and clear copyright durations—60 years for literary works after the creator's life and 60 years from publication for films and digital content.

A new chapter mandates government authorization for the commercial use of traditional expressions of folk culture, ensuring that revenues benefit originating communities. The copyright office's responsibilities have expanded to include issuing registrations, combating piracy, and preserving cultural heritage, while the copyright board can now confirm or cancel registrar decisions.

Although the Act strengthens protections with automatic copyright ownership upon creation, optional registration, and penalties for infringement, enforcement remains inconsistent. Continued challenges highlight the need for greater public awareness and effective enforcement mechanisms to safeguard Bangladesh’s cultural heritage and creative economy.

Enforcement Challenges in Bangladesh

Copyright enforcement in Bangladesh is hindered by several factors:

1. Limited Public Awareness: Many creators and the general public have a limited understanding of copyright, leading to unintentional violations and undercutting intellectual property protection.
2. Weak Enforcement Mechanisms: Although the law authorizes the seizure of pirated materials, law enforcement agencies often lack the training and resources needed to prioritize copyright cases.
3. Judicial Delays: Backlogs in courts slow down the resolution of copyright cases, discouraging creators from seeking timely redress and enabling piracy to persist unchecked.
4. Institutional Gaps: The law allows for the establishment of copyright societies to collectively manage rights, but such organizations are scarce in Bangladesh, leaving creators without the support needed to protect and monetize their work.
5. Rampant Piracy: The unauthorized reproduction of books, films, software, and digital media deprives creators and industries of significant revenue, with piracy often going unchecked.
Global Models for Effective Copyright Enforcement
Learning from other countries, Bangladesh can look to models that effectively curb copyright violations. For instance, in countries like the United States and the United Kingdom, creators benefit from specialized courts that handle copyright cases efficiently. Copyright societies there also play a major role in helping creators collect royalties. Adopting similar structures here could streamline justice for creators and encourage investment in our own creative industries.
Proposed Reforms to Strengthen Copyright Enforcement in Bangladesh
To bridge existing gaps in Bangladesh’s copyright enforcement, experts suggest several reforms:
1. Establish Specialized IP Courts: Dedicated courts could handle intellectual property cases swiftly, particularly those involving digital piracy, easing the judicial burden and giving priority to IP-related cases.
2. Enhanced Digital Rights Management: Including DRM provisions in the Copyright Act could help curb digital piracy by enabling better control over online content usage, especially for digital assets such as software, films, and music.
3. Empower the Copyright Office: Expanding the authority of Bangladesh’s Copyright Office to investigate infringement cases, issue takedown notices, and support creators in combating piracy would strengthen enforcement efforts.
4. Establish Copyright Societies: Promoting copyright societies for authors, musicians, and artists would centralize rights management, allowing creators to collect royalties and gain stronger representation in IP matters.
5. Increase Public Awareness: Public campaigns could inform creators, users, and law enforcement officials about copyright rights and obligations, reducing unintentional violations and promoting the use of legal content. Training law enforcement on IP crime would further support these efforts.
6. Strengthen Penalties for Digital Piracy: Harsher penalties and the seizure of digital equipment used in copyright violations would demonstrate a commitment to protecting intellectual property rights.
7. International Collaboration: By participating in global IP agreements, such as the World Intellectual Property Organization (WIPO) Copyright Treaty, Bangladesh could enhance cross-border cooperation on IP enforcement, offering Bangladeshi creators protection abroad.
Global Implications of Copyright Law for Developing Nations
Tomas A. Lipinski, Dean of the School of Information Studies and a delegate to WIPO, emphasizes the complexities of copyright on a global scale, particularly for developing countries, where the debate revolves around two perspectives: viewing copyright as a "property right" for creators versus a societal tool for ensuring public access to information. International copyright laws exhibit significant variation; for instance, U.S. copyright law prioritizes social utility, while European law emphasizes the "natural rights" of creators. WIPO, encompassing 182 member countries, aims to standardize these laws, especially regarding library and educational exceptions that are vital for enhancing knowledge access in developing nations. The Marrakesh Treaty exemplifies this effort by facilitating cross-border sharing of materials for visually impaired individuals, thereby promoting inclusive access globally. However, Lipinski also highlights the challenges posed by restrictive licensing agreements governing digital content, which often circumvent traditional copyright laws and complicate access for libraries and educators. Despite advocacy for "free information," librarians remain dedicated to lawful practices and ensuring equitable access.
International Copyright Challenges for Developing Countries
Ruth L. Okediji argues that current international copyright frameworks, such as the Berne Convention and TRIPS, often fall short in promoting economic and human development in poorer nations. Her analysis emphasizes the necessity for international frameworks to align with development goals that nurture local creative markets. She points out that existing limitations and exceptions (L&Es) do not adequately address the specific needs of developing countries, while global harmonization tends to constrain local practices and favor developed nations. Okediji advocates for reforms that empower developing countries to push for flexible, development-oriented L&Es, prioritizing access to education and technology to foster growth and creativity.
Combatting Piracy to Support Bangladesh’s Creative Industries
Piracy undermines the livelihoods of creators, weakens Bangladesh's economy, and discourages emerging talent. Many artists, authors, and musicians struggle due to inadequate copyright protections, leading to significant income losses and limiting their ability to pursue new projects. For instance, Jahangir Alam, author of a popular English grammar book, suffers substantial revenue loss from pirated copies, which discourages him from investing in future work.
The music industry faces similar challenges. In 2023, National Film Award-winning lyricist Zulfiqer Russell dealt with a false copyright claim on his iconic song “O Prithibi Ebar Eshe,” which was temporarily removed from YouTube until he proved his ownership. While ghostwriter Sheikh Abdul Hakim was granted rights to the 260 novels he penned for the Masud Rana series in 2020, his case remains an exception in a system fraught with inconsistencies.
For Bangladesh’s creative industries to thrive, addressing piracy through stronger copyright protections is essential. Unscrupulous publishers exploit consumer demand by selling cheap, pirated books, often without readers recognizing the detrimental impact on original creators. Implementing strict penalties and enhancing enforcement mechanisms will help preserve the integrity of Bangladesh’s creative landscape, ensuring that creators can continue to contribute to its cultural richness and vibrancy.
Adapting Bangladesh’s Copyright Law for the Digital Age
Modernizing Bangladesh’s copyright law for the digital age is crucial for balancing content access with innovation. Key reforms should focus on implementing Digital Rights Management (DRM) tools to prevent unauthorized copying, amending laws to effectively target online piracy, and establishing specialized Intellectual Property (IP) courts to streamline copyright case handling. Simplifying licensing processes and launching public awareness campaigns will educate citizens on the importance of copyright and using legal content. Expanding fair use provisions, establishing collective rights management organizations, and enhancing the enforcement capabilities of the Copyright Office will further protect creators' rights. Stricter penalties for piracy and building dedicated law enforcement units will strengthen compliance and enforcement efforts. Joining international treaties, such as those from the World Intellectual Property Organization (WIPO), will bolster cross-border copyright enforcement.
As we navigate this pivotal moment in Bangladesh’s journey toward a vibrant creative economy, it is imperative that government officials, industry leaders, educators, and creators unite to advocate for these essential changes. By prioritizing the enforcement of copyright laws and fostering a culture that values intellectual property, we can ensure fair compensation for artists and creators while preserving our cultural heritage. The time for action is now—let's work together to empower our creative industries and secure a flourishing future for Bangladesh’s artistic expression.

The writer is a, Student, Department of Printing and Publication Studies  University of Dhaka