Copyright Laws in Nepal/Register Copyright in Nepal
- Definition
Copyright is the right that is provided to the original creator for the protection of the expression of their ideas. The governing laws are Copyright Act, 2002 and Copyright Rules, 2004. The rights provided to the original creator or author is economic and moral right.
2. Work and its scope protected under the Copyright Act and Rules
Under copyright law, “Work” means any work presented originally and intellectually in the field of literature, art and science and in any other field, and includes the following work:
- Book, Pamphlet, Article, Thesis
- Drama, Dramatic Music, Dumb Show or work prepared to perform
- Musical Notation with or without words
- Audio Visual Works
- Architectural Design
- Fine Arts, Painting, Work of Sculpture, Work of Woodcarving
- Photographic Work
- Work of applied Art
- Illustration, Map, plan, Three Dimensional Work relating to Geography and Scientific Article, and Work
- Computer Program.
- Any thought, religion, news, method of operation, concept, principle, court judgment, administrative decision, folksong, folktale, proverb and general data are not protected.
- Registration of Work is not compulsory to acquire any right of protection granted by the law. However, these items can be registered voluntarily by submitting an application to the Nepal Copyright Registrar’s Office.
- Any joint Work carried out in the initiation or direction of any person, and any Work carried out on the payment of remuneration shall be protected until 50 years from the date of the first publication of such Work or the date in Work is made public (whichever date is earlier)
3. Economic Rights under Copyright
The following 11 Economic Rights are granted by the laws to the owner of copyright who have the “exclusive right” to carry out the following acts, and such rights may be transferred under a written agreement:
|
S.N |
Economic Rights |
| 1. | To reproduce Work |
| 2. | To translate Work |
| 3. | To revise or amend Work |
| 4. | To make arrangement and other transformation in the Work |
| 5. | To sell, distribute or rent the original and copy of the Work for the general public |
| 7. | To import copies of Work |
| 8. | To have public exhibition of the original or copy of the Work |
| 9. | To perform the Work in public |
| 10. | To broadcast the Work |
| 11. | To communicate the Work to the general public. |
Note: The economic rights cover the right to derive economic benefit whereas the moral right is granted whether or not the economic right is granted. Moral right is non-transferrable.
4. Owner of the Work having the ‘Economic Right’
|
Nature of Work |
Owner |
| In case of Single Work | Original Author is the first owner of the Economic Right of the Work |
| In case of Joint Work | Co-Author
– But if the work is carried out in different parts and each author is identified for their case then respective author for their work |
| Work carried out on the payment of remuneration by any person or organization | The person or organization that pays the remuneration |
| Work carried out in the initiation or direction of any person or organization | The person or organization that initiates |
5. Grounds to use Copyrighted materials without the authorization of the Author
- One can reproduce some portion of the materials for personal use.
- Reproduction of some portion for teaching and learning process.
- One copy of materials can be used for public Library and Archives.
- Reproduction, broadcast, and other communication are allowed for general public information.
- One copy of any work can be imported for personal purpose.
- One can use for the public display but public display has not to be made without the help of the film, slide, television, image or otherwise using the screen or device.
Note:
- One can use the copyright materials by citation.
- One cannot use the materials for the economic benefit.
6. Registration Process of Copyright in Nepal
- Application to the registrar.
- Examination of the application and order to the applicant for the further document if necessary.
- Certificate of Registration within 35 days from the date of application filed if further document is not needed and if further document are ordered then 35 days from the document submitted.
7. Grounds for Infringement and Punishment of Copyright in Nepal
| S.N. | Grounds for Infringement |
Punishment |
| 1. | To reproduce copies of a Work and sell and distribute them or publicly communicate or rent them with commercial or any other motive with or without deriving economic benefits without authorization of the author or the copyright owner or by infringing the terms contained in the agreement or license | – fine of 10,000 upto 100,000 rupees or with imprisonment for a term of not exceeding six months or both.
– Fine of a 20,000 to 200,000 rupees or with imprisonment for a term not exceeding one year or with both for each instance from the second time. – The materials so published or reproduced or distributed or devices used to reproduce such materials shall be seized. |
| 2. | To do advertisement or publicize by copying a Work belonging to another person with a motive of taking advantage of the reputation gained by that work, | |
| 3. | To make Work of another subject or nature by changing the form and language of a work belonging to another person with a motive of deriving economic benefit |
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