Law:

Section:

Copyright Ordinance (XXXIV of 1962)-------Ss. 2(d), 10 & 46---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Application for registration of copyright---Speeches and lectures delivered by renowned scholar in public 'were tape-recorded by petitioner with consent of the speaker and petitioner compiled books from that record and filed application for registration of copyright in respect thereof---Authority refused to accord registration and appeal against such refusal was rejected by two of the Members of Copyright Board including Chairman who differed with other two members, holding that petitioner was not the author of the speeches and lectures---Validity---Speaker who delivered speeches and lectures in general public had no copyright in respect of the speeches and lectures---Petitioner, in circumstances, would be considered as author of the work as defined in S.2(d) of Copyright Ordinance, 1962---Orders of Authorities were set aside by High Court. Caird v. Sime 1887 AC 326 and Walter v. Lane 1900 Cr.C 289 ref. JUDGMENT In this writ petition filed by Messrs Al-Iblagh Limited through Hafeez-ur-Rehman Ahsan its Managing Director, it has been stated that one Hafeez-ur-Rehman Ahsan had been associated with Jamaat-e-Islam' Pakistan as ardent subscriber to the thought and mission of late Maulana Abul Ala Maudoodi. He used to regularly attending the meeting where late Maulana would deliver speeches and lectures. He would tape-record the said speeches and lecture with tacit consent of late Maulana. In the lifetime of late Maulana, the said person compiled two books from the record, thus, prepared by him, and on his application respondent No.2 registered the Copyright in the said books; that the said person formed the petitioner ­company for the said purpose of carrying on the mission of reproducing of the speeches of late Maulana Abul Ala Maudoodi as also some other scholars; that the petitioner filed 11 applications for registration of Copyright in the various Surah of the Holy Qur'an mentioned in para. 5 of the petition, but the . respondent refused to accord registration vide order, dated 31-3-1982. An appeal filed against the said order was…

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