Introduction

Copyright is one of the crucial types of Intellectual Property (IP). The importance of copyright laws in Nepal has increased enormously in recent times due to the rapid advancement in technology in fields such as printing, music, communication, entertainment, and computers. Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films to computer programs, databases, advertisements, maps, and technical drawings. Copyright in Nepal is ensured and protected by the “Copyright Act, 2059 B.S (2002).”

No Explicit Definition of Copyright

The Copyright Act of Nepal does not define copyright explicitly. Instead, the act states that copyright protection is extended to any original work. It defines work as those which are presented originally and intellectually in the fields of literature, art, science, and any other domain. The following terms are mentioned to define copyright:

a) Photographic work

b) Audio-visual work

c) Sound recording (such as musical notation with or without words)

d) Performance

e) Intellectual and original creations (books, plays, music, designs, fine arts, maps, computer works, etc.)

Unit Responsible for Protection of Copyright

The Government of Nepal has given the authority to the Nepal Copyright Registrar Office for the protection of copyright laws in Nepal.

Stages of Copyright Registration

To register copyright in Nepal, the owner needs to fulfill the following steps:

• Draft an application to submit to the Nepal Copyright Registrar’s Office.
• Submit the application.
• Preliminary examination of the application by the Registrar, who may order the applicant to submit additional documents if required.
• Copyright registration.

Stages of Online Copyright Registration

For online registration, the owner must follow these steps:

• Register as an individual on the official website of the Nepal Copyright Registrar’s Office.
• Submit the online application form along with the citizenship certificate.
• Wait for the window period of copyright examination.
• Complete the copyright registration.

Conditions Under Which Copyrighted Works Can Be Utilized Without Permission

• a) Reproduction allowed for personal purposes.
• b) For citation.
• c) Reproduction allowed for teaching and learning.
• d) Reproduction by libraries and archives.
• e) Reproduction, broadcast, and other communication allowed for the purpose of informing the general public.
• f) Reproduction of computer programs.
• g) Importation allowed for personal purposes.
• h) Public exhibition.

Terms of Protection of Copyright

• The copyright is protected throughout the life of the author and for fifty years after the author’s death.
• The rights of jointly generated work are protected for 50 years from the death of the last surviving author.
• The rights of a work published anonymously or under a pseudonym are protected for fifty years from the date of first publication or the date on which the work is made public, whichever is earlier.
• The rights of applied art and photography works are protected for 25 years from the year of preparation of such work.

Penalty and Compensation for Copyright Infringement

The act states the following penalties and compensation for those infringing the rights protected under the prevailing copyright laws in Nepal:

Reproducing and distributing works without authorization:

• Fine: Ten thousand Nepalese rupees to One lakh Nepalese rupees.
• Imprisonment: Up to 6 months for the first-time violation.

Advertising others’ work with the intention of gaining benefits:

• Fine: Ten thousand Nepalese rupees to One lakh Nepalese rupees.
• Imprisonment: Up to 6 months for the first-time violation.

Altering others’ work and gaining economic benefits from such work:

• Fine: Ten thousand Nepalese rupees to One lakh Nepalese rupees.
• Imprisonment: Up to 6 months for the first-time violation.

Importing, producing, renting circumvention devices:

• Fine: Ten thousand Nepalese rupees to One lakh Nepalese rupees.
• Imprisonment: Up to 6 months for the first-time violation.

Producing or importing equipment for unauthorized broadcast reception:

• Fine: Ten thousand Nepalese rupees to One lakh Nepalese rupees.
• Imprisonment: Up to 6 months for the first-time violation.

Importing, selling, using devices for infringing the copyright of others:

• Fine: Ten thousand Nepalese rupees to One lakh Nepalese rupees.
• Imprisonment: Up to 6 months for the first-time violation.

Subsequent violations:

• Fine: Twenty thousand Nepalese rupees to Two lakh Nepalese rupees.
• Imprisonment: Up to 1 year or both.

Transfer of Copyright

The copyright owner may transfer all or any of the economic rights by making a written agreement or authorize anyone to use the same with or without specifying any terms. The person to whom the rights are transferred by the copyright owner shall not carry out any other activities except the rights so transferred. Furthermore, the moral rights of such intellectual property can also be transferred in accordance with the copyright laws in Nepal.

Disclaimer

S & S Jurists, one of Nepal’s leading law firms in the corporate sector, publishes articles on its website for informational purposes for its clients. It shall not be taken as legal advice, advertisement, personal communication, solicitation, or inducement. The firm and its team members shall not be liable for the consequences arising from the information provided here. In case you need further legal advice on the subject matter, please contact us.