Published by E-kagajpatra
Thu Jul 11 2024
Nepal's Copyright Act 2059 (2002): Key Insights
Copyright is a legal concept granting creators of various literary and artistic works exclusive rights over their creations. It safeguards both published and unpublished works, regardless of their form of expression, as long as they are recorded in a tangible or material format. These exclusive rights empower creators to control the use of their works or authorize others to use them.
Section 3 of the Copyright Act, 2059 (2002), extends copyright protection to a broad range of works, including translations, arrangements, collections, databases, folk expressions, and derivative works based on folk expression, as long as they exhibit originality in presentation, collection, or expression. This protection applies regardless of whether the work is presented with or without machine support.
However, Section 4 outlines certain categories that are not eligible for copyright protection, such as thoughts, religions, news, methods of operation, concepts, principles, court judgments, administrative decisions, folk songs, folktales, proverbs, and general data, even if they are expressed or explained within a work.
Section 25 explains the Violation of Protected Rights:
(1) Any person who engages in the following activities will be deemed to have infringed upon the rights covered under this Act:
(a) Reproducing copies of a work or sound recording, selling, distributing, or publicly speaking them, or renting them with commercial or other motives, whether or not monetary benefits are derived, without authorization from the writer or copyright owner, or by breaching the terms of an agreement or license, even if authorization has been obtained.
(b) Advertising or publicizing by copying a work owned by another individual with the intention of capitalizing on the reputation of that work.
(c) Creating a work of a different subject or nature by altering the form and language of a work owned by another individual with the motive of gaining economic benefit.
(d) Attempting to gain by adapting any work directly or indirectly with the intention of misleading the viewer, listener, or reader to believe it to be another work through advertising or other means.
(e) Importing, producing, or renting any equipment or device designed to circumvent any device intended to prevent unauthorized reproduction.
(f) Producing or importing, with the intent to sell, any equipment facilitating the unauthorized reception of a broadcast program by encrypting it in a coded language.
(g) Importing, selling, distributing, or using a mechanical device designed solely to infringe copyright, excluding those mentioned in Clauses (e) and (f).
(2) No individual shall, with knowledge of the publication of any work or sound recording, or where there are sufficient grounds to believe so, sell, distribute, or rent copies of the work or sound recording so published in violation of subsection (1).
Section 26 regulates Unauthorized Copies Importation:
The importation of copies of works or sound recordings, whether made overseas or sourced otherwise, into Nepal for commercial purposes shall not be authorized if the preparation of such copies would be considered unlawful if they were prepared in Nepal.
Overall, the Copyright Act in Nepal comprehensively outlines the acquisition, protection, and regulation of copyright. It covers the definition of protected works, the process of copyright registration, ownership of economic and moral rights, exclusive rights granted to authors, rights of performers, sound recording producers, and broadcasting organizations. The act also details circumstances where copyrighted materials can be used without authorization and specifies the terms of protection for various types of works. Additionally, it addresses the infringement of protected rights, punishment for infringement, trial and settlement procedures, limitations, provisions related to royalty collecting bodies, government copyright, rule-making powers, and the repeal and saving of previous legislation.
Copyright law typically safeguards a wide range of works, though specific lists may not be included in legal texts. Generally, copyright protection covers:
Computer programs and databases
Artistic creations like paintings, drawings, photographs, and sculptures
Architectural designs, as well as advertisements, maps, and technical drawings.
It's important to note that copyright protects expressions rather than ideas, processes, or mathematical concepts. Whether certain items like titles, slogans, or logos are eligible for copyright depends on their level of authorship.
Copyright grants authors two types of rights:
Moral Rights: These protect the non-economic interests of the author, such as the right to be attributed as the creator of the work and the right to object to derogatory treatment of the work.
Economic Rights: These empower the copyright owner to control the commercial exploitation of their work. Economic rights typically include the right to authorize or prohibit various uses of the work, such as:
Reproduction in different formats like printed publications or sound recordings.
Public performance, such as in plays or musical performances.
Recording, for instance, creating compact discs or DVDs.
Broadcasting via radio, cable, or satellite.
Translation into other languages.
Adaptation, such as turning a novel into a screenplay for a film.
When a copyright expires, the work enters the public domain. This means that the work is no longer protected by copyright law, and it becomes available for anyone to use, copy, or reproduce without the need for permission from the copyright owner. This process allows for wider access and utilization of creative works, as seen in the publication of works by renowned authors and composers like William Shakespeare and classical composers, among others.
Similar to other forms of property, the rights to a copyrighted work can be inherited. This means that when the creator of the work passes away, their rights to the work can be passed on to their heirs or designated beneficiaries according to applicable inheritance laws or the terms of their will.
In cases of repeated copyright infringement by the same individual, the penalty escalates. Upon a second conviction, the offender may face a fine ranging from Rs 20,000 to Rs 200,000, imprisonment for up to one year, or both. Additionally, authorities have the right to seize the materials used for reproducing, distributing, or publishing the copyrighted content.
To obtain copyright in Nepal, the process involves several steps:
Step 1: Register as an individual on the official website of the Nepal Copyright Registrar Office.
Step 2: Complete the online application form, including the submission of citizenship documents (front and back).
Step 3: Await the copyright examination period.
Step 4: Upon successful examination, complete the copyright registration process. If registration fails, determine the appropriate causes for the failure.
The detailed procedure for copyright registration in Nepal entails:
Step 1: Prepare the application for submission to the Nepal Copyright Registrar's office.
Step 2: Formally submit the application.
Step 3: Undergo copyright examination.
Step 4: Proceed with copyright registration upon successful examination.
Required documents:
Description of the recording, performance, or broadcast.
Evidence of ownership of the composition, sound recording, performance, or broadcast.
Documentation confirming the applicant's nationality.
Two copies of the compositions are intended for registration.
Registration fee of Rs 100 and a ticket fee of Rs 10.
If registering under an organization's name, include a photocopy of the organization's registration certificate or a permission letter from the author.
Approval or transfer of documents related to other parties involved in creating the sound recording composition.
For computer software registration, provide the software along with its version, source code, flowchart, GUI, and developer agreement.
Note: Upon approval of the registration application for a composition, a certificate is issued to the authorized person or organization within 35 days from the date of application submission, along with all required documentation.
Formats for registration are available and can be drafted by visiting https://www.ekagajpatra.com/.
