Section 56: Copyright Infringement
Copyright is infringed when a person, without the owner’s consent or a valid license, does anything
exclusively reserved for the copyright owner or permits infringing public performances for profit. It also
includes making, selling, distributing, exhibiting, or importing infringing copies.
Section 56 states that copyright in a work is infringed when someone, without the copyright owner’s
consent or a valid license, engages in activities that violate the owner’s exclusive rights. This includes:
1. Unauthorized Use
• If a person performs copies, distributes, or sells copyrighted work without permission, it
is infringement.
• Example: A bookstore photocopies and sells copies of a novel without the author’s
consent.
2. Unauthorized Public Performance
• If a person allows their venue to be used for an infringing public performance for profit,
they are liable unless they were unaware of the infringement.
• Example: A cinema screens a pirated movie without verifying its legality.
3. Commercial Exploitation of Infringing Copies
• If someone makes, sells, rents, exhibits, or imports unauthorized copies of copyrighted
material, they infringe copyright.
• Example: A music store sells unauthorized CDs of a popular singer’s album.
4. Importing Infringing Copies
• Importing pirated copies of books, movies, or music into Pakistan constitutes
infringement.
• Example: A company imports and sells counterfeit designer handbags featuring a
brand’s copyrighted logo.
Section 57
Section 57 outlines specific acts that do not constitute copyright infringement, focusing on fair dealing,
education, research, judicial proceedings, and public interest.
1. Fair dealing – Use of copyrighted works for research, private study, criticism, review, or reporting
current events is allowed. Acknowledgment is required unless the author has waived it.
2. Judicial and political use – Works can be used in judicial proceedings, legal reports, and political
speeches (unless explicitly prohibited).
3. Education and libraries – Reproduction for instruction, exams, public libraries, and educational
performances is permitted.
4. Public performances – Non-commercial performances by amateur groups, religious or charitable
institutions are allowed.
5. Official and legal documents – Government publications, judicial orders, and official reports can be
reproduced unless restricted.
6. Artistic and architectural works – Use of artworks in public spaces, sculptures, architectural designs,
and background cinematography is not infringement.
7. Expired copyrights – If the copyright has expired, exhibition of such works in films is allowed.
Section 60: Civil Remedies for Infringement
1. The copyright owner can seek injunctions, damages, account of profits, and other legal
remedies for infringement.
2. If the infringer proves they were unaware of the copyright and had reasonable grounds
to believe it did not exist, the owner can only claim an injunction and a share of the infringer’s profits, as
deemed reasonable by the court.
3. A person whose name appears on a published literary, dramatic, musical, or artistic
work is presumed to be the author or publisher unless proven otherwise.
4. The court has full discretion over the allocation of legal costs in infringement cases.
Section 60A: Special Remedies for Urgent Cases
1. The copyright owner can seek immediate provisional orders to prevent infringement
and preserve evidence before filing a full lawsuit.
2. The court may issue orders without notifying the infringer if:
• The applicant has a copyright interest.
• Delay may cause irreparable harm.
• There is a risk of evidence being lost or removed.
• Multiple lawsuits may arise if action is not taken.
3. Provisional orders expire after 30 days unless a full lawsuit is filed. If a case is filed, the
temporary order merges with it.
4. The court can direct customs to block infringing goods from being imported or exported.
If the order is later revoked, the applicant may have to compensate the defendant.
