Copyright is one of the types of Intellectual Property (IP). The importance of copyright has increased enormously in recent times due to the rapid advancement in technology (such as the field of 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 “Copyright Act, 2059 B.S (2002)”.
The Copyright Act of Nepal does not define copyright, rather the act has explicitly stated that copyright protection is extended to any original work. However, it defines work as those which are presented originally and intellectually in the field of literature, art and science and in any other field. 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.)
Government of Nepal has given the authority to Nepal Copyright Registrar Office for the protection of Copyright in Nepal.
In order to register the copyright, the owner needs to fulfill the following steps for registration.
a) Draft an application to submit in the Nepal Copyrights Registrar’s Office
b) Submit the application
c) Preliminary Examination of the Application by the Registrar shall order the applicant to submit additional documents, if required.
d) Copyright registration
The following steps must be fulfilled by the owner who tends to register the copyright through an online medium.
a) Registration of individual at the official website of Nepal Copyright Registrar’s Office
b) Submission of online application form along with citizenship certificate
c) Window period of copyright examination
d) Completion of copyright registration
a) Reproduction allowed for personal purpose
b) For Citation
c) Reproduction allowed for teaching and learning
d) Reproduction by library and archives
e) Reproduction, broadcast and other communication allowed for purposes of information to the general public
f) Reproduction of computer program
g) Importation allowed for personal purposes
h) Public exhibition
Terms of protection of copyright
a) The copyright shall be protected throughout the life of the author and fifty years after the death of author
b) The rights of jointly generated work shall be protected for 50 years from the death of the last surviving author.
c) The rights of a work published anonymously or under a pseudonym name are protected for fifty years from the date of first publication or the date, on which the work is made public, whichever is earlier.
d) The rights of applied art and photography works are protected for 25 years from the year of preparation of such work.
The act has stated that the following penalties and compensation shall be borne to the one infringing the rights protected under prevailing copyright law of Nepal. The penalties and compensation are briefly explained below:
a) Reproducing and distributing works without authorization
FINE: Ten thousand Nepalese rupees to One lakh Nepalese rupees
IMPRISONMENT: Up to 6 months for violating for first time
b) Advertising other’s work with the intention of gaining benefit
c) Altering other’s work and gaining an economic benefits from such work
FINE: Ten thousand Nepalese rupees to One lakh Nepalese rupees
IMPRISONMENT: Up to 6 months for violating for first time
d) Attempting to gain benefit from an adaptation of any work
FINE: Ten thousand Nepalese rupees to One lakh Nepalese rupees
IMPRISONMENT: Up to 6 months for violating for first time
e) Importing, producing, renting circumvention devices
FINE: Ten thousand Nepalese rupees to One lakh Nepalese rupees
IMPRISONMENT: Up to 6 months for violating for first time
f) Producing or importing equipment for unauthorized broadcast reception
FINE: Ten thousand Nepalese rupees to One lakh Nepalese rupees
IMPRISONMENT: Up to 6 months for violating for first time
g) Importing, selling, using devices for infringing copyright of others
FINE: Ten thousand Nepalese rupees to One lakh Nepalese rupees
IMPRISONMENT: Up to 6 months for violating for first time
h) Subsequent violations
FINE: Twenty thousand Nepalese rupees to Two lakh Nepalese rupees
IMPRISONMENT: Up to 1 year or both.
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 Law of Nepal.