Why copyright law reform is crucial for Bangladesh

As Bangladesh strives to develop its creative industries, outdated copyright enforcement mechanisms pose significant obstacles.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 to protecting creators, stimulating economic opportunities, and fostering innovation.

A snapshot of copyright law in Bangladesh

Copyright law has evolved from ancient principles, such as 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 authorisation 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

Several factors hinder copyright enforcement in Bangladesh:

Limited public awareness: Many creators and the general public have a limited understanding of copyright, leading to unintentional violations and undercutting intellectual property protection.

Weak enforcement mechanisms: Although the law authorised the seizure of pirated materials, law enforcement agencies often lack the training and resources needed to prioritise copyright cases.

Judicial delays: Court backlogs slow down the resolution of copyright cases, discouraging creators from seeking timely redress and enabling piracy to persist unchecked.

Institutional gaps: The law allows for the establishment of copyright societies to collectively manage rights, but such organisations are scarce in Bangladesh, leaving creators without the support needed to protect and monetise their work.

Rampant piracy: The unauthorised 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

Bangladesh can learn from other countries and look to models that effectively curb copyright violations. For instance, in countries like the United States and the United Kingdom, creators benefit from specialised 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:

Establish specialised IP courts: Dedicated courts could handle intellectual property cases swiftly, particularly those involving digital piracy, easing the judicial burden and prioritising IP-related cases.

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.

Empower the copyright office: Expanding Bangladesh's Copyright Office's authority to investigate infringement cases, issue takedown notices, and support creators in combating piracy would strengthen enforcement efforts.

Establish copyright societies: Promoting copyright societies for authors, musicians, and artists would centralise rights management, allowing creators to collect royalties and gain stronger representation in IP matters.

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.

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.

International collaboration: By participating in global IP agreements, such as the World Intellectual Property Organisation (WIPO) Copyright Treaty, Bangladesh could enhance cross-border cooperation on IP enforcement and offer 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, emphasises 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, US copyright law prioritises social utility, while European law emphasises creators' "natural rights." WIPO, encompassing 182 member countries, aims to standardise these laws, especially regarding library and educational exceptions, which 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 of 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 equitable access.

Combating piracy to support Bangladesh's creative industries

Piracy undermines creators' livelihoods, 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, discouraging 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.

Addressing piracy through stronger copyright protections is essential for Bangladesh's creative industries to thrive. Unscrupulous publishers exploit consumer demand by selling cheap, pirated books, often without readers recognising 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

Modernising 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 unauthorised copying, amending laws to effectively target online piracy, and establishing specialised 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 organisations, and enhancing the Copyright Office's enforcement capabilities 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 Organisation (WIPO), will bolster cross-border copyright enforcement.

As we navigate this pivotal moment in Bangladesh's journey toward a vibrant, creative economy, government officials, industry leaders, educators, and creators must unite to advocate for these essential changes. 

By prioritising 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.

Nafew Sajed Joy is a Writer and  Researcher. He is a former student in the Department of Printing and Publication Studies at University of Dhaka. Email: [email protected]

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.