Copyright is the legal protection extended to the owners of the rights in an original work which they have created. The copyright legislation in Nepal regulates the rights associated with artistic and creative works, granting creators control over the utilization and dissemination of their creations and also promoting the generation of art and culture by providing authors and artists with a defined set of exclusive rights. The Copyright Law in Nepal is guided by the Copyright Act, 2059 (2002), the Copyright Rule, 2061 (2004) and their amendments.

1. What are the protectable subject matter in copyright?

Ans. Copyright protection shall be extended to any work. However, any translation, arrangement, sequential arrangement or collection of works presented as original from the viewpoint of presentation, collection or expression, data or database readable with or without the support of a machine, any proverb, folktale, folk song falling under folk expression or any other derivate works based on folk expression shall be protected as original work, without prejudice to the copyright of the original work.

2. What are the non-protectable subject matter in copyright?

Ans. Any thought, religion, news, method of operation, concept or principle, court judgment, or administrative decision is not protected under copyright.

3. Is the registration of copyright mandatory?

Ans. The registration of the copyright is not mandatory to acquire the right. It is, however, voluntary.

4. Who has the authority to register the copyright?

Ans. The author of a work shall be the first owner of the economic right of that work. The copyright registration is conferred to the owner of the work.  In the case of a joint work by the author and a co-author, the copyright can be claimed collectively. However, if a work is created in exchange for payment from an individual or entity, the party or organization making such payment has the economic right of the work. The author, or a person or organization has acquired ownership rights from the author via a written contract, will, or other means.

5. How can we register copyright in Nepal?

Ans.

Process

• Fulfillment of the application form. The form can be downloaded from nepalcopyright.gov.np
• Submission of Application to Registrar’s office.
• Examination of the document
• Registration
• Certificate

Documents required

• Application form
• Power of Attorney, duly signed, sealed, and countersigned by two witnesses of the applicant/company.
• A document with approval ownership of such work.
• An agreement (if any)
• Detail description of the creation
• Four copies of the work

6. What is the average time taken to complete the registration/recordation process?

Ans. The mentioned time for registration/recordation process of a creation by Copyright Act is 35 days from the day of application. But the average time taken to complete the registration/recordation process is approximately three days.

7. What are the rights and legal standing of the copyright owner?

Following are the economic and moral rights of the copyright owner:

Economic Right

1. To reproduce the work,
2. To translate the work,
3. To revise or amend the work,
4. To make arrangement and other transformation in the work,
5. To sell, distribute or rent the original and copy of the work to the general public,
6. To transfer or rent the audiovisual work, work embodied in sound recording, computer program or musical work in graphic form conferred to that author or owner,
7. To import copies of the work,
8. To have a 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.

Moral Right

1. To get his/her name (or pseudonym) mentioned in copies of the work or in his/her work where it is used publicly,
2. To prevent such acts as undermining the reputation or goodwill earned by him/her, by mutilating his/her work or presenting it in a distorting manner,
3. To make necessary amendment or revision in the work.

8. What is the term of protection of copyright?

Ans. The economic and moral rights-  protected throughout the life of the author and in the case of his/her death,  until 50 years computed from the year of his death, and in case of joint work, it is protected for fifty years computed from the year of death of the last surviving author.

Sound recording, broadcasting, and performance -up to 50 years from the date of first publication

Art and photographs- up to 25 years from the date of first publication.

Books – up to 50 years from the death of the last surviving author.

9. What are the punishments of Copyright Infringement in Nepal?

Ans. As per the existing Copyright Act of Nepal, the infringement of Copyright is treated as the state case. The Acts of Copyright Infringement and the relevant Punishment are as follows: