Lessons from copyright infringement, forgery issues involving Bangladeshi song
06 February 2024
Photo: O Prithibi Ebar Eshe Bangladesh Nao Chine || Zulfiqer Russell || Welcome Song of ICC World Cup 2011/ YouTube@Zulfiqer Russell
Mohammed Forrukh Rahman, Head of Chambers and Divisional Head, Rahman’s Chambers, Dhaka
There are many lessons to be learned from the copyright infringement and forgery issues involving the famous Bangladeshi song “O Prithibi Ebar Eshe Bangladesh Nao Chine,” said Mohammed Forrukh Rahman, head of chambers and divisional head atRahman’s Chambers in Dhaka.
The song’s composer and copyright owner, Zulfiqer Russell, encountered a setback when he received a court order, sealed and signed, from Jalal Uddin. The man claimed ownership of the composition, leading to the blocking of the song on YouTube in November 2023. However, upon investigation by the Chakria Senior Judicial Magistrate Court, it was found that the court order was fabricated. The seal and signature, supposedly by the Chakriya Senior Judicial Magistrate Court Judge Jahid Hossain, turned out to be a forgery.
“This case throws a harsh light on the dual transgressions: the violation of intellectual property rights through copyright infringement and the brazen disregard for legal integrity through forgery. Both hold the potential for dire consequences,” said Rahman. The consequences for these offences range from fines to imprisonment for copyright infringement, while forgery may result in potential imprisonment for three to seven years.
Rahman stressed the importance of due diligence and meticulous verification in legal matters, emphasizing the need for awareness of copyright laws and the repercussions of false claims. The case also underscores the significance of a robust legal framework and efficient enforcement mechanisms.
“The fabricated court order adds a chilling layer to the case, threatening the very fabric of the judicial system. The swift action of the presiding judge, legal counsel and court clerk in exposing the forgery was crucial in upholding the sanctity of the law,” he added. Although Bangladesh’s Copyright Act of 2023 provides a strong foundation, he highlighted the need for continued efforts to strengthen implementation and educate the public.
YouTube has since lifted the copyright strike on “O Prithibi Ebar Eshe Bangladesh Nao Chine.” Meanwhile, Uddin has sent an apology to Russell via email.
“‘O Prithibi Ebar Eshe’ may have been silenced momentarily, but it serves as a powerful reminder of the importance of protecting IP. This case is a clarion call for transparency, accountability and respect for the law, both within the digital realm and beyond. Only then can the melodies of creativity bloom, unfettered by the thorns of fraud and deceit,” noted Rahman.
- Espie Angelica A. de Leon
