Copyright Law in Bangladesh: Protection of Creative Works under the Copyright Act 2023

Copyright law Bangladesh: the 2023 Act in 2026

The copyright law Bangladesh applies today is the Copyright Act 2023, Act No. 34 of 2023, which is dated 18 September 2023, took effect immediately and repealed the Copyright Act 2000.[1] It treats software and other digital creations as a distinct class of work, protects folklore for the first time, regulates collective management societies, imposes takedown duties on online platforms and raises criminal penalties across the board.

This guide explains which works are protected, who owns them, how long protection lasts, what counts as infringement, the available remedies, the special rules for digital works, folklore and copyright societies, and the practical steps that protect a creative or software business. Registration procedure is covered separately in our guide to copyright registration in Bangladesh.

Summary: Copyright in Bangladesh arises automatically when an original work is created; registration with the Copyright Office is optional but gives prima facie evidence of ownership. The Copyright Act 2023 protects literary, dramatic, musical, artistic, film, sound-recording, digital and folklore works, generally for the author's life plus 60 years or 60 years from publication. Owners can sue in the District Judge's court, complain to the Registrar of Copyrights, use takedown duties against online platforms and prosecute infringers.

Key point: Under the 2023 Act an assignment of copyright must be in writing, signed, and must identify the work, the rights, the duration and the territory. If the deed is silent, the assignment is treated as lasting five years and covering Bangladesh only, and it lapses if the assignee does not exercise it within one year. Every assignment deed must also be registered with the Copyright Office.

At a glance

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Table of Contents

Copyright law Bangladesh enacted in 2023: what changed

Parliament passed the Copyright Bill 2023 unanimously by voice vote on 11 September 2023, on a motion by the then State Minister for Cultural Affairs.[2] The Act's preamble says the purpose was to repeal the 2000 Act and re-enact the law in a form suited to the times.[1]

Five changes define the new copyright law Bangladesh businesses must now work with:

• Digital works: software, apps and other creations made or used on computers and mobile devices form their own category, expressly including source code, data and graphics.[1]
• Folklore: a full chapter protects folk knowledge and folk culture and directs the proceeds of its use to source communities.[1] [3]
• Copyright societies: collective management organisations must be registered and meet distribution, reporting and audit duties.
• Platform liability: service providers must remove infringing content on written objection or become liable themselves.
• Enforcement: higher fines, a copyright task force, warrantless search and seizure, and mobile-court trials once scheduled.[1]

What carries over from the 2000 Act

The repeal is not a clean break. Section 127 preserves anything done under the 2000 Act, including rules, notifications, orders, assignments, registrations and licences, so far as it is consistent with the new Act, until it is repealed or amended.[1] Registrations obtained before September 2023 remain valid, old procedural rules continue where they fit, and the Copyright Office continues as if established under the Copyright Act 2023.

Works protected by copyright in Bangladesh

Section 14 lists the works in which copyright subsists: literary, dramatic and musical works together with folk knowledge and folk culture; information technology-based digital works; artistic works; cinematographic films; and sound recordings.[1] Related rights of broadcasters, performers, publishers and phonogram producers are protected in separate chapters.

Originality and expression

Copyright protects expression, not ideas. A business concept or plot outline is free to use; the text, code, artwork, recording or film that gives it form is protected. Section 14(5) applies the same logic to architecture, protecting artistic character and design but not construction methods.[1]

Databases and digital compilations

The Act defines a database as a collection of works arranged systematically, electronically or otherwise, that reflects the author's own intellectual creation and can be accessed electronically or by other means.[1] A raw data dump is unlikely to qualify; a curated, structured product usually will. Where personal data is involved, see our guide to data protection law in Bangladesh as well.

When copyright does not arise

Section 14(6) denies protection to a film whose substantial part infringes another work, to a sound recording made in breach of copyright in the underlying literary, dramatic or musical work, and to an architectural work located outside Bangladesh.[1] Producers building on third-party material should treat clearance as a condition of their own protection, not only a defence.

Foreign works

Bangladesh acceded to the Berne Convention on 4 February 1999, with effect from 4 May 1999.[4] Section 62 of the Copyright Act 2023 allows the government, by gazette notification, to extend the Act to works first published abroad and to foreign authors as if they were Bangladeshi.[1]

Who owns copyright: authors, employers and commissioners

The starting point under section 15(1) is that the author is the first owner of copyright. Section 15(2) then sets out exceptions that matter to almost every business, and each applies only "in the absence of an agreement to the contrary".[1]

• Newspapers and magazines: the proprietor owns an employee's work so far as it concerns publication in the proprietor's periodical; the author keeps the rest.
• Commissioned photographs, portraits, engravings and films: the person who commissions and pays owns the work.
• Employment: the employer owns works made under a contract of service or apprenticeship.
• Speeches, government works and international organisations: the speaker or principal, the government or the organisation is first owner.
• Digital works: whoever engaged someone to complete the program owns it.

Why the digital-works rule matters

Section 15(2)(g) is broader than the employment rule because it covers anyone who engages a developer, which favours businesses commissioning apps and software from contractors. But it yields to contrary agreement, and developer contracts often reserve IP. For clean title, take a written assignment, register it and keep evidence of payment. Our guide to employment contracts in Bangladesh covers the drafting of IP clauses for employees.

Assignments and their statutory terms

Sections 16 and 17 impose formal conditions that override careless drafting. An assignment is not valid unless signed by the assignor or an authorised agent, and it must identify the work, the rights assigned, the duration and the territory. If the duration is not stated, the assignment is deemed to run for five years from its date; if the territory is not stated, it is deemed to cover Bangladesh only.[1]

The deed must also state the royalty, advance or lump sum payable to the author or heirs. If the assignee does not exercise the rights within one year, the assignment is deemed to lapse unless the deed says otherwise. Section 16(6) requires every assignment or transfer deed to be registered with the Copyright Office.[1] Section 18 lets the Copyright Board resolve assignment disputes and revoke an unexercised assignment whose terms are harsh to the author. Licences under section 45 follow the same rules, and on the owner's death copyright passes to the heirs or under a will.[1]

Resale royalty for artists and authors

Section 21 gives authors and heirs a share, capped at 20 per cent, in the resale price of original paintings, sculptures, manuscripts and similar works, even after assignment.[1]

Moral rights and exclusive economic rights

Copyright gives the owner the exclusive right to reproduce the work in any form, issue copies, perform or communicate it to the public, record or film it, and translate or adapt it. A "copy" includes reproduction in any medium, static or moving, two-dimensional, three-dimensional or virtual.[1]

Moral rights sit alongside these economic rights. Section 78 gives the author, and where relevant the performer, inalienable rights to claim authorship and to object to distortion, mutilation or other modification of the work that would harm reputation. These rights survive assignment and relinquishment of copyright, although the author of a computer program cannot control adaptations permitted by section 70.[1] In September 2025 the family of the Baul composer Shah Abdul Karim served a legal notice on Grameenphone alleging moral rights violations under the Copyright Act 2023 over two songs used in advertisements, and claiming Tk 20 crore.[11]

Duration of copyright protection

The general rule is life of the author plus 60 years for literary, dramatic, musical and artistic works published in the author's lifetime. Films, sound recordings, photographs, digital works, anonymous works and government works are protected for 60 years from publication. Related rights run for shorter periods: 50 years for performers and 25 years for broadcasters, typographical arrangements and phonogram publishers.[1] The table sets out each term; on a phone, scroll it sideways.

Public domain is not always free

Once a term expires, the work enters the public domain. Bangladesh then adds an unusual rule: section 67 allows the government to impose royalties on the reproduction, adaptation, performance or broadcast of public domain works and spend the proceeds on culture or share them with heirs. Section 68 treats performance or broadcast of folklore or public domain works without paying the required royalty as infringement.[1] Commercial users of classic Bangla literature or music should check for a royalty order before assuming the material is free.

Registration with the Copyright Office

Registration under section 53 is voluntary: the author, publisher, owner or any person interested may apply. After due inquiry the Registrar enters the work in the Copyright Register and issues a certificate, and may later investigate, amend or cancel a registration that is found to infringe another registered work.[1] The value lies in evidence. Section 57 makes entries in the register prima facie evidence of their contents, makes certified copies admissible in all courts and treats the person shown in a certificate as holding the rights it describes.

Applications are made online through the Copyright Office, followed by delivery of hard copies, and the government registration fee for a creative work has been reported at Tk 1,000.[5] Section 54 separately requires assignments to be registered by lodging the original deed and a copy. The document checklist, timelines and objection procedure are set out step by step in our copyright registration guide, so we do not repeat them here.

Is registration needed before suing?

Practitioners' guides differ on whether registration is a practical precondition for civil proceedings.[6] The Act itself does not make registration a condition of copyright subsisting, and section 77 gives civil remedies to any owner whose rights are infringed.[1] Register commercially important works before a dispute arises: a certificate shifts the evidential burden and is far harder to attack than a chain of drafts and emails.

Copyright infringement under the Copyright Act 2023

Section 69 treats copyright as infringed when a person, without a licence from the owner or the Board, or in breach of licence conditions or conditions imposed by a copyright society, does anything the owner has the exclusive right to do, or, for profit, permits a public performance of the work that infringes copyright.[1] It then deems a series of further acts to be infringement:

• selling, hiring out or commercially exhibiting an infringing copy, or distributing it to the owner's prejudice;
• importing an infringing copy into Bangladesh;
• parodying the national anthem, patriotic songs or religious songs such as hamd, naat and kirtan by altering words and melody; and
• knowingly or without permission altering, deleting or distorting information in a computer program, network, digital device or social media so as to reduce its value.

The Act also states that converting a literary, dramatic, musical or other artistic work into a film is treated as an infringing copy unless authorised.[1] Section 76 also treats infringing imports as prohibited goods under section 16 of the Customs Act 1969.

Exceptions and fair dealing

Section 70(1) provides that reproduction, adaptation, broadcast, publication or translation does not infringe where done for the purposes and on the conditions set by the rules, so the exceptions now depend on rule-making rather than a long statutory list. For performers' and broadcasters' rights, section 73 excludes private use, teaching, research, reporting current events and review.[1] Section 70(2), reflecting the Marrakesh Treaty, permits accessible formats such as Braille for visually impaired readers, provided copies are distributed on a non-profit basis.[3]

The innocent infringer

Where a defendant proves that at the date of infringement it did not know, and had reasonable grounds for believing, that copyright did not subsist, section 77 limits the owner to an injunction and other orders and excludes a monetary remedy for proceeds of sale of the infringing copies.[1] Ownership notices and registration certificates close off that defence.

Digital works, online platforms and takedown

The copyright law Bangladesh applies to the online economy rests on three provisions: the separate category of digital works, with its own offence in section 100; the service-provider duty in section 82; and section 66, which brings streaming, subscription and download services within the royalty system.[1]

Section 82: the notice-and-takedown duty

Where copyright is infringed through a network service provider or other third party, the author or licensee may lodge a written objection. The provider must then remove all copies under its control as quickly as possible and inform the complainant in writing, failing which it is itself liable. "Service provider" is defined broadly to include any network, person or organisation that broadcasts or publishes through information technology, the internet or digital platforms.[1]

The objection should identify the work, the URLs, the basis of ownership and any registration certificate. The tool also cuts both ways. In 2023 the lyricist of the 2011 Cricket World Cup welcome song had his own upload struck from YouTube on the basis of what the court concerned later said was a forged order, before the claim was withdrawn.[10] A false claim can expose the claimant to criminal liability for forgery, and knowingly false statements made to the copyright authorities are a separate offence under section 102 of the Act.

Streaming royalties

Section 66 lets a registered copyright society collect royalties from anyone engaged in performance, broadcast, rebroadcast, streaming, subscription or download services. Where no society is actively functioning, the royalty must be paid to the author or performer or, where applicable, to the Copyright Office.[1] The Copyright Office has already played a role in channelling digital royalties: in 2021 it handed over US$5,014 in platform royalties from 272 songs to the family of the musician Ayub Bachchu and undertook to monitor future payments.[8]

Metadata and illegal broadcasts

Section 75 prohibits recording or publishing sound or video works without the information and particulars prescribed by rules, and section 104 makes this an offence.[1] Under section 123, once the Registrar passes an owner's written complaint about an illegal broadcast to the enforcement authority, it must act immediately to stop it. See also our guide to e-commerce law in Bangladesh.

Folklore and traditional cultural expressions

Chapter VIII is the most distinctive feature of the Copyright Act 2023. Section 34 protects verbal, musical, symbolic, performed and tangible expressions of folk culture, folk language, signs and symbols, and extinct or newly identified expressions. Protection lasts as long as the relevant community exists, and if a community disappears, the government becomes owner of the right.[1]

• Inventory: the government must maintain a list of identified folklore and of the source communities and the organisations and museums that represent them (section 35).
• Prior permission: commercial or non-commercial use requires the prior permission of the source community or the government body that supports it (section 36(1)).
• Contract and countersignature: before commercial use, the user must sign a contract with the source community setting out terms and limits; the contract must be countersigned by the Registrar and a statement filed with the Copyright Office (section 36(2)).
• Benefit sharing: proceeds must be spent on folk culture and cultural development and distributed among living stakeholders under the rules (section 37).

Distorting the traditional form of folklore or breaching the commercial rights in it is an offence punishable by up to five years' imprisonment or a fine of up to Tk 5 lakh under section 99.[1] Advertisers, fashion brands, film producers and music labels drawing on Baul, Bhatiali, Jari or indigenous traditions should treat folklore clearance as a formal legal step, documented and countersigned, rather than a matter of courtesy.

Collective management and copyright societies

Chapter IX regulates copyright societies, which the Act also calls collective management organisations. No society may issue or continue licences for works in which copyright subsists without registration under the Act. A society applies to the Registrar, who verifies the application and forwards it to the government, and the government ordinarily registers only one society for each class of work. An owner who is a member keeps the right to license its own works consistently with its obligations to the society.[1]

The government may suspend a society for up to one year and appoint an administrator, or cancel its registration. Each copyright society must distribute fees in proportion to actual use of members' works, obtain owners' approval for any other use of fees, file returns and have its accounts audited, and may make reciprocal agreements with foreign societies without discriminating against Bangladeshi works.[1] Failure to file returns is a criminal offence under section 90.

In practice, collective management in Bangladesh remains thin and concentrated in music and performing rights, and commentators have noted how few societies operate.[6] [7] Until societies are established in each sector, most licensing runs directly between owners and users, with royalty disputes going to the Copyright Board under sections 12 and 65.

Remedies: civil, administrative and criminal

The copyright law Bangladesh provides gives owners three parallel tracks; the right choice depends on whether the priority is stopping the use, recovering money or deterring a repeat infringer.

Civil remedies in the District Judge's court

Section 77 entitles the owner to injunctions, damages, accounts of profits and all other remedies the law provides for infringement of a right. Section 80 extends the owner's claims to infringing copies and the plates, source code and devices used to make them. An exclusive licensee may sue but must join the owner as a defendant under section 81. Section 83 requires every civil suit for infringement to be filed in the District Judge's court with local jurisdiction.[1] A carefully drafted legal notice before filing often secures removal or settlement without a suit.

Administrative remedies before the Registrar and the Board

The Registrar's powers under section 10 are often overlooked. On a complaint, the Registrar may determine true ownership, restrain any party from publishing, reproducing, broadcasting or marketing the disputed work until the objection is resolved, and impose compensation. The Registrar's orders are enforceable as a civil court decree.[1] The procedure was visible in May 2024, when the Copyright Office wrote to the label G-Series seeking an explanation following the band Shironamhin's complaint about the use of its songs.[9]

The Copyright Board, a chairman and two to six members, finally decides disputes on publication, term, music ownership and royalty rates. An appeal lies from the Registrar to the Copyright Board within three months, and an appellant challenging an order for compensation or a fine must deposit 10 per cent of the amount. Final Board decisions, other than those under sections 12 and 21, may be appealed to the High Court Division within three months.[1]

Criminal offences and penalties

Chapter XVII sets out more than twenty offences. The headline penalties are:[1]

• General infringement (section 84): up to four years and Tk 5 lakh; if not for profit in the course of business, up to six months or Tk 50,000.
• Film piracy (section 85): up to five years and Tk 10 lakh.
• Digital works (section 100): up to four years and Tk 4 lakh; at least three months or Tk 25,000 if non-commercial.
• Folklore (section 99): up to five years or Tk 5 lakh.
• False authorship and false statements (sections 102 and 103): up to three years or Tk 5 lakh, or both.
• Repeat offences (section 106): up to five years or Tk 5 lakh.

Under section 107, directors, managers and employees directly connected with a company's offence are liable, and the company may be charged separately. Offences are tried by a Judicial Magistrate of the first class, are non-cognisable, compoundable and bailable, and may be tried by mobile court once scheduled under the Mobile Court Act 2009.[1]

Search, seizure and the task force

Under section 108, a police officer not below the rank of sub-inspector, or an officer not below the rank of Assistant Registrar authorised by the Registrar, may search premises and seize infringing copies, plates, soft copies and equipment without a warrant where there are reasonable grounds to believe infringement is taking place. Any interested person may apply to the court for return within 15 days. Section 110 allows a copyright task force, and section 114 allows seized material to be destroyed or removed from the internet.[1]

Practical steps to protect copyright in Bangladesh

Most copyright disputes are won or lost on the paperwork before they start. This is how we advise creators, publishers and technology businesses to work within the copyright law Bangladesh now applies.

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Two disciplines run through every step. Keep dated evidence of creation, such as drafts, source-code commits, raw files and metadata, and put every ownership arrangement in a signed document that satisfies sections 16 and 17. Ambiguity in ownership is the single most common reason enforcement stalls.

Remember the deposit duties too: publishers must deliver books to the National Library within 60 days of publication, and film producers must deposit films with the Bangladesh Film Archive.[1]

Copyright law Bangladesh in practice: working with a copyright lawyer

Copyright mandates fall into three groups. Structuring means drafting employment, commissioning, development, publishing and distribution agreements so ownership lands where the business expects, and registering assignments as section 16(6) requires. Transactional work covers IP due diligence on acquisitions and catalogue purchases and licensing programmes for software and content. Contentious work covers legal notices, section 82 takedown demands, Registrar complaints, Copyright Board proceedings, District Judge suits and criminal complaints.

Copyright rarely sits alone. Brand names and logos are protected by trademark, explained in our trademark registration guide, and licences are commercial contracts governed by the principles in our guide to commercial agreements in Bangladesh. TRW's intellectual property disputes and enforcement practice handles licensing and IP structuring, and our transaction due diligence team reviews IP title in deals.

Copyright law Bangladesh: what to watch in 2026

Three issues will shape how the Copyright Act 2023 works in practice. First, much operational detail, including the fair-dealing purposes under section 70, the metadata under section 75 and the procedures for copyright societies and folklore contracts, depends on rules, so watch for new rules replacing those carried over from the 2000 regime. Second, whether streaming royalties under section 66 reach creators depends on registering a copyright society for each class of work. Third, commentators continue to call for specialised IP courts, digital rights management provisions and accession to the WIPO internet treaties.[7]

The statute already gives owners more tools than most use. A registered work, a clean chain of title and a prompt written objection to a platform resolve most disputes without litigation; when they do not, the Registrar, the Copyright Board and the courts each offer a route. If you need a clear view of your position, contact TRW.

Frequently asked questions

What is the main copyright law in Bangladesh?

The Copyright Act 2023 (Act No. 34 of 2023), which took effect on 18 September 2023 and repealed the Copyright Act 2000. Registrations and licences under the old Act continue where consistent.[1]

Do I need to register copyright to be protected?

No. Copyright arises automatically on creation, and registration under section 53 is voluntary. The register is, however, prima facie evidence of ownership in every court.[1] Our registration guide explains the procedure.

How long does copyright last in Bangladesh?

For literary, dramatic, musical and artistic works published in the author's lifetime, life plus 60 years. Films, sound recordings, photographs, digital works, government works and anonymous works are protected for 60 years from publication.[1]

Who owns software written by a contractor?

Under section 15(2)(g), the person or entity that engaged someone to complete an information technology-based digital work is the first owner, unless the parties agree otherwise.[1]

What happens if an assignment does not state its duration?

It is deemed to last five years from the date of assignment and, if no territory is stated, to cover Bangladesh only. It also lapses if the assignee does not exercise the rights within one year, unless the deed provides otherwise.[1]

Can I make YouTube or Facebook remove infringing content?

Yes. Under section 82, once the author or licensee lodges a written objection, the service provider must remove all copies under its control as quickly as possible and inform the complainant, or become liable itself.[1]

What are the penalties for copyright infringement?

General infringement carries up to four years' imprisonment and a fine of up to Tk 5 lakh. Film piracy carries up to five years and Tk 10 lakh, and infringement of digital works up to four years and Tk 4 lakh.[1]

Is folk music protected by copyright in Bangladesh?

Yes. The 2023 Act protects folk knowledge and folk culture for as long as the source community exists. Use requires prior permission, and commercial use requires a contract with the community countersigned by the Registrar of Copyrights.[1]

Where do I file a copyright infringement case?

Civil suits go to the District Judge's court with local jurisdiction under section 83. Criminal offences are tried by a Judicial Magistrate of the first class. Ownership disputes can go to the Registrar of Copyrights, then the Copyright Board.[1]

Are foreign works protected in Bangladesh?

Yes. Bangladesh has been a member of the Berne Union since 4 May 1999, and section 62 of the 2023 Act allows the government to extend the Act's protection to foreign works by gazette notification.[1] [4]