Copyright Law in Nepal

Copyright law in Nepal aims to protect the rights of creators and encourage the production of literary, artistic, and scientific works. Understanding the key aspects of Nepali copyright law is crucial for creators, publishers, and users of copyrighted material in the country.

Works Protected by Copyright

Copyright protection in Nepal extends to a wide range of original works, including:

1. Literary works: Books, articles, poems, computer programs, etc.
2. Dramatic works: Plays, screenplays, choreographic works, etc.
3. Musical works: Songs, compositions, operas, etc.
4. Artistic works: Paintings, sculptures, drawings, photographs, architecture, etc.
5. Audiovisual works: Films, television programs, video games, etc.
6. Sound recordings: Musical recordings, podcasts, etc.
7. Databases: Compilations of data or other material

To qualify for protection, works must be original and fixed in a tangible form. Ideas, facts, or concepts alone are not protected, but their expression can be.

Duration of Copyright Protection

The duration of copyright protection in Nepal varies depending on the type of work:

1. For individual authors: Life of the author plus 50 years after death
2. For joint works: 50 years from the death of the last surviving author
3. For anonymous or pseudonymous works: 50 years from first publication
4. For works of applied art: 25 years from creation
5. For photographic works: 25 years from creation
6. For computer programs: 50 years from first publication

After the copyright term expires, the work enters the public domain and can be freely used by anyone.

Copyright Registration

Copyright protection in Nepal arises automatically upon creation of an original work. Registration is not mandatory for protection, but it offers several benefits:

1. Creates a public record of copyright claim
2. Provides prima facie evidence of ownership in legal proceedings
3. Allows for recordation of licenses and assignments
4. May be required for certain remedies in infringement cases

Registration can be done at the Nepal Copyright Registrar’s Office by submitting an application form, copies of the work, and prescribed fees.

Rights Provided by Copyright

Copyright in Nepal provides the owner with exclusive rights to:

1. Reproduce the work in any form
2. Distribute copies of the work to the public
3. Perform the work publicly
4. Broadcast the work
5. Translate the work into other languages
6. Adapt or transform the work into other forms
7. Rent or lend copies of the work
8. Communicate the work to the public through any medium

These rights allow the copyright owner to control the use and exploitation of their work and to benefit economically from it.

Protection of Moral Rights

Nepal’s copyright law recognizes and protects moral rights of authors, which include:

1. Right of attribution: The right to be identified as the author of the work
2. Right of integrity: The right to object to distortion, mutilation, or other modification of the work that would be prejudicial to the author’s honor or reputation
3. Right of disclosure: The right to determine when and how the work will be made public
4. Right to withdraw: The right to retract a work from publication

Moral rights are inalienable and cannot be waived or transferred, even if the economic rights are assigned to another party.

Read More: 1. Trademark Enforcement in Nepal 2. Application for Trademark in Nepal 3. Copyright Act, 2002

Exceptions to Copyright Protection

Nepali copyright law provides several exceptions and limitations to copyright protection, including:

1. Fair use: Limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research
2. Educational use: Reproduction of short excerpts of works for teaching purposes
3. Library and archive exceptions: Limited copying for preservation and replacement of works
4. Personal use: Reproduction of a work for private, non-commercial purposes
5. Quotation: Use of short quotations from published works, with attribution
6. Government works: Official texts of legislative, administrative, or legal nature are not protected by copyright

These exceptions aim to balance the rights of copyright owners with the public interest in access to information and knowledge.

Determination of Copyright Ownership

Copyright ownership in Nepal is generally determined as follows:

1. The author or creator of the work is typically the first owner of copyright
2. For works created in the course of employment, the employer is usually the copyright owner, unless agreed otherwise
3. For commissioned works, the commissioner is the copyright owner, unless agreed otherwise
4. In case of audiovisual works, the producer is considered the author and initial copyright owner
5. For anonymous or pseudonymous works, the publisher is presumed to be the copyright owner until the author’s identity is revealed

Clear agreements on copyright ownership are important, especially in collaborative or commissioned projects.

Transfer and Licensing of Copyrights

Copyright owners in Nepal can transfer or license their rights:

1. Assignment: Full transfer of ownership of some or all copyright rights
2. License: Permission to use the work in specific ways, which can be exclusive or non-exclusive

Key requirements for transfers and licenses include:

• Must be in writing and signed by both parties
• Should specify the rights being transferred or licensed
• Can be for a limited time or territory
• Must be recorded with the Copyright Registrar’s Office to be effective against third parties

Proper documentation of these transactions is crucial for maintaining clear ownership and usage rights.

Protection of Foreign Works

Nepal protects foreign works under copyright through several mechanisms:

1. National treatment: Works of foreign authors are given the same protection as works of Nepali authors
2. International treaties: Nepal is a member of the Berne Convention and the TRIPS Agreement, which require protection of works from other member countries
3. Reciprocity: Works from countries that provide similar protection to Nepali works may be protected

Foreign authors do not need to register their works in Nepal to receive protection, but registration can provide additional benefits.

Effect of Copyright Notices

While copyright notices (e.g., © 2023 Author Name) are not mandatory for protection in Nepal, they serve several purposes:

1. Inform the public that the work is protected by copyright
2. Identify the copyright owner
3. Show the year of first publication
4. May be considered in determining damages in infringement cases
5. Can help prevent claims of “innocent infringement”

Using copyright notices is generally recommended, even though they are not required for protection.

Protection of Databases

Databases can be protected under Nepali copyright law if they meet certain criteria:

1. The selection or arrangement of contents must be original
2. Mere facts or data are not protected, but the original compilation can be
3. Protection does not extend to the underlying data itself
4. The term of protection for databases is 15 years from creation
5. Substantial investment in obtaining, verifying, or presenting the contents may be considered in determining originality

Database creators should focus on demonstrating originality in selection and arrangement to secure copyright protection.

Treatment of Joint Works and Collective Works

Nepali copyright law distinguishes between joint works and collective works:

1. Joint works:
   • Created by two or more authors with the intention that their contributions be merged into a single work
   • Copyright is held jointly by all authors
   • Term of protection is 50 years from the death of the last surviving author
   • Each author can exercise rights independently, but profits are shared equally unless agreed otherwise
2. Collective works:
   • Compilations of separate and independent works
   • Copyright in the collective work as a whole belongs to the person who assembled it
   • Individual contributors retain copyright in their respective contributions
   • Term of protection for the collective work is 50 years from publication

Clear agreements on rights and responsibilities are important for both joint and collective works to avoid future disputes.

In conclusion, Nepal’s copyright law provides a comprehensive framework for protecting creative works while balancing the interests of creators, users, and the public. Understanding these provisions is essential for effective management and enforcement of copyright in Nepal. As the creative industries continue to evolve, it’s likely that copyright law in Nepal will also adapt to address new challenges and opportunities in the digital age.

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