Understanding Copyright Law in Nepal: Rights, Protection, and Enforcement

Copyright law in Nepal serves as a vital legal mechanism to protect the intellectual creations of authors, artists, musicians, filmmakers, software developers, and other creators. Governed primarily by the Copyright Act, 2059 (2002), the law grants creators exclusive rights over their original works, including the rights to reproduce, distribute, perform, adapt, and publicly display their creations. These protections apply to a broad range of works such as literary writings, music, films, computer programs, and artistic pieces.

The main objective of copyright law in Nepal is to encourage creativity by ensuring that authors and creators benefit economically and morally from their work. The law provides a legal framework for addressing unauthorized use, piracy, and infringement of copyrighted material, with remedies that include civil, criminal, and administrative actions. The Copyright Registrar’s Office is the official body responsible for copyright registration and enforcement.

Nepal is also a member of international treaties such as the Berne Convention for the Protection of Literary and Artistic Works, aligning its domestic laws with global standards. Despite legal provisions, challenges remain in enforcement, public awareness, and digital content protection. Nevertheless, copyright law plays an essential role in fostering innovation, protecting creators' rights, and supporting the cultural and creative industries in Nepal.

Acquisition and Protection of Copyright

Copyright protection in Nepal applies to any original work, including translations, adaptations, arrangements, data, databases, and derivative works based on folk expressions such as proverbs, folktales, or folk songs. These are considered protected as original works, provided their presentation or expression is original, while still respecting the copyright of the original source material.

However, certain items are explicitly excluded from copyright protection, regardless of how they are expressed or interpreted. These include ideas, religious beliefs, news, operational methods, concepts, principles, court judgments, administrative decisions, and general data, as well as folk expressions themselves like folktales, folksongs, and proverbs in their original form.

Importantly, copyright in Nepal does not depend on registration. Authors automatically acquire copyright upon the creation of a work. Nevertheless, registration is available on a voluntary basis through the Copyright Registrar, and the process for doing so is prescribed by law. This ensures flexibility while also offering a formal means of protection and proof if desired.

Owner of the economic right of work:

In Nepal, the author of a work is generally recognized as the first owner of its economic rights, meaning they have the exclusive right to use and benefit financially from the work. However, there are specific exceptions to this rule based on the nature and context of the work’s creation.

In the case of joint authorship, the co-authors share economic rights. If each part of a joint work is distinct and identifiable, the economic right for each part goes to the respective author. When a work is created under the initiation or direction of a person or organization, the economic rights belong to the one who initiated or directed it. Similarly, if a work is created in exchange for remuneration, the party paying for the work owns the economic rights.

For anonymous works, the publisher holds the rights until the true author reveals their identity, at which point the rights transfer to the author. In the case of audio-visual works, the producer holds the economic rights unless otherwise agreed in a contract. However, contributors such as co-authors or those whose prior works are included maintain rights according to their contributions.

Economic Rights of Copyright Owners

In Nepal, the economic rights of a copyrighted work are exclusively held by the author or copyright owner, as outlined in the law. These rights grant the holder full control over the commercial use and distribution of the work. Key rights include the ability to:

• Reproduce the work in any form.
• Translate, revise, or adapt the work.
• Arrange or transform the work creatively.
• Sell, distribute, or rent the original or copies to the public.
• Transfer or rent rights related to audiovisual works, sound recordings, computer programs, or musical graphics.
• Import copies of the work.
• Publicly exhibit the original or its copies.
• Perform the work in public.
• Broadcast the work through any medium.
• Communicate the work to the public.

These rights allow the copyright holder to benefit economically from the work and protect it from unauthorized use, ensuring their creative efforts are fairly rewarded.

Moral Rights of Authors

Moral rights in Nepal are granted to authors regardless of whether they hold the economic rights to their work. These rights protect the personal and reputational connection between the author and their creation. Key moral rights include:

• The right to have the author’s name mentioned on copies of the work and in public use.
• If a pseudonym (A pseudonym is a false or fictitious name used by a person instead of their real name. It is often used by authors, artists, or public figures to hide their identity, maintain privacy, or create a separate public persona.) is used, the right to have that name acknowledged during public use.
• The right to protect the integrity of the work by preventing distortion, mutilation, or any presentation that harms the author's reputation or goodwill.
• The right to make amendments or revisions to their work.

These moral rights are non-transferable during the author’s lifetime, ensuring that their connection to the work is preserved. However, after the author's death, these rights can transfer to a nominated person or organization, or, in the absence of nomination, to the author’s nearest heir.

Rights of Performers

Under Nepalese copyright law, performers are granted several rights to control and benefit from their performances:

1. Exclusive Rights: Performers have the right to:

• Broadcast or publicly communicate their performances.
• Decide how their performance is reproduced or presented.
• Publicly present or distribute their performance for the first time.
• Rent out copies of their performance.
• Make their performance widely accessible through electronic means.
• Amend or revise their performance.

2. Limitation After Authorization:

Once a performer consents to have their performance incorporated into an audiovisual work, they cannot re-exercise the rights mentioned above for that performance.

3. Moral Rights:

Regardless of such incorporation, performers still retain the right to be identified as the performer and to protect their reputation. They can object to any distortion or misuse of their performance that harms their image or intent.

4. Freedom of Agreement:

This law does not restrict performers from negotiating better terms through private contracts for greater benefits.

5. Duration of Protection:

These rights are protected for 50 years from the year of incorporation into a sound recording, or 50 years from the year of performance if not recorded.

Rights Related to Sound Recordings

The law grants specific rights to the owner of a sound recording, allowing them to control its use and distribution. These rights include:

• Reproduction: The right to reproduce the sound recording in any form or by any means, directly or indirectly.
• Importation: The right to import copies of the sound recording into the country.
• Distribution: The right to make the original or copies of the sound recording available for sale, ownership transfer, or any other form of distribution.
• Public Rental or Lease: The right to rent or lease the sound recording to the public.
• Public Access: The right to make the recording available for listening by the general public, through wired or wireless technology, either from a specific place or a location of the listener’s choice.

These rights are protected for a term of 50 years from the year the sound recording is published.

Right of broadcasting organization:

• To re-broadcast the subject it has broadcast,
• To so communicate its broadcast as to make it easily available to the general public,
• To make fixation of its broadcast,
• To reproduce the fixation of its broadcast.

Protection of Work, Performer,

1. Protection of Work

• Protected if it is:
  • An audio-visual work by a producer residing in Nepal or a WTO member country.
  • An architectural design or artistic work made or used in a building in Nepal or a WTO member country.
  • A work published in Nepal by an author from a non-WTO country or an audio-visual work produced in Nepal by such a producer.

2. Protection of Performers

• • Entitled to rights if the performer is:
  • From Nepal or a WTO member country.
  • Performing in Nepal or a WTO member country.
  • Featured in a sound recording or broadcast protected under this Act, even if the performance is not recorded.

Use of Copyrighted Materials Without Authorization

1. Reproduction for Personal Use

The Copyright Act allows individuals to reproduce a portion of a published work for their personal use without needing the author’s or copyright owner's permission. However, this exemption does not apply to architectural designs, substantial parts of books or musical compositions, or large sections of databases, particularly when such use could harm the author's economic rights.

2. Citation for Fair Use

Citing excerpts from a published work is permitted under fair use, provided it does not negatively affect the economic rights of the creator. While citing, it is mandatory to mention the source and the author's name (if available). This ensures the author is credited even if formal permission is not taken.

3. Educational Use

Reproduction and limited broadcasting of published content are allowed for teaching and learning purposes. Educators may use excerpts in writing or audio-visual formats in classrooms. This includes showing or distributing portions of the work strictly for educational activities. In all cases, the source and author's name must be acknowledged.

4. Use by Libraries and Archives

Public libraries and archives may reproduce a single copy of a work without permission when the original is lost, destroyed, rare, or otherwise unavailable. This provision applies only when the reproduction is for research or study purposes and not intended for profit, either directly or indirectly.

5. Use for Public Information

Reproduction, broadcast, or public communication of published articles, especially those related to political or religious topics or of current events is permitted without authorization. This also includes reporting on court proceedings or excerpts from regular news publications. However, the author's name and source must be mentioned, and no use is allowed if the author has restricted it.

6. Backup of Computer Programs

Users may make one backup copy of a legally acquired computer program without permission in cases where the original is lost, destroyed, or cannot be used. This allows individuals or organizations to continue using the program for its intended purpose or for record-keeping.

7. Personal Importation

One copy of a copyrighted work can be imported for personal use without the copyright holder’s permission. This provision supports personal access to foreign works without violating copyright laws.

8. Public Exhibition Without Electronic Devices

Public display of a copyrighted work or its copy is allowed without seeking permission, provided the display does not involve film, television, slides, or other screen-based or electronic devices. The intent is to permit direct physical exhibition without technological amplification.

Copyright Infringement Acts

• Reproducing, selling, distributing, renting, or publicly communicating copies of a work or sound recording without the author’s or copyright owner’s authorization, or violating licensing terms, is an infringement, regardless of whether economic benefit is gained.
• Using another person’s work in advertisements to exploit its reputation for personal gain is prohibited.
• Altering the form or language of someone else’s work to create a new work for economic benefit without permission is an infringement.
• Attempting to mislead the public by adapting a work to appear as another work to gain benefit is prohibited.
• Importing, producing, or renting devices designed to bypass anti-piracy protections or enable unauthorized reception of encrypted broadcasts is forbidden.
• Importing, selling, or distributing devices intended solely to infringe copyright is prohibited.
• Anyone who knowingly sells, distributes, or rents unauthorized copies of works or sound recordings also commits infringement.
• Importing unauthorized copies of works or sound recordings into Nepal for commercial purposes is prohibited if producing those copies in Nepal would be illegal.

Punishment for Importation of Unauthorized Copies

• Anyone who imports unauthorized copies of a work, in violation of the law, faces a fine ranging from NPR 10,000 to NPR 100,000, depending on the severity of the offense.
• The unauthorized copies imported will be seized.
• The importer must also pay compensation to the copyright owner for any losses caused by the illegal importation.

Copyright Lawyer in Nepal

At Alpine Law Associates, we understand the complexities of copyright law and its vital role in protecting the intellectual property rights of creators in Nepal. As a legally registered, full-service law firm based in Kathmandu, we specialize in providing comprehensive legal services related to copyright matters.

Our experienced team of legal professionals is dedicated to offering end-to-end solutions for copyright registration, protection, enforcement, and dispute resolution. Whether you're an author, artist, musician, filmmaker, or software developer, we are here to guide you through every step of safeguarding your creative works.

With a deep understanding of both national and international copyright laws, we ensure that your rights are upheld, and your creations are protected against unauthorized use. Trust Alpine Law Associates to be your reliable partner in navigating the intricacies of copyright law in Nepal.

Copyright law in Nepal plays a crucial role in safeguarding the rights of creators by granting them both economic and moral ownership over their original works. Governed by the Copyright Act, 2059 (2002), it protects a wide range of intellectual creations and aligns with global standards through international treaties. While registration is voluntary, legal protections apply upon creation. The law addresses infringement, piracy, and unauthorized use through various legal remedies. Despite enforcement challenges and low public awareness, the copyright system fosters creativity, supports cultural industries, and encourages innovation by ensuring creators receive recognition and fair compensation for their contributions.