Copyright Act, 2059

I. Introduction to Copyright Act, 2059

The Copyright Act, 2059 (2002) is the primary legislation governing copyright protection in Nepal. This act, which replaced the earlier Copyright Act of 2022 (1965), aims to safeguard the rights of creators and promote creativity and innovation in the country. The Act aligns with international copyright standards and provides a robust framework for protecting intellectual property rights in Nepal.

The Copyright Act, 2059 was enacted to address the evolving needs of creators in the digital age and to ensure compliance with international copyright treaties. It provides comprehensive protection for various forms of creative works, including literary, artistic, musical, and dramatic works, as well as computer programs and databases.

II. Key Provisions of the Act

The Copyright Act, 2059 encompasses several crucial provisions that form the backbone of copyright protection in Nepal. Some of the key provisions include:

1. Definition of copyrightable works: The Act clearly defines the types of works eligible for copyright protection, including literary, artistic, musical, and dramatic works, as well as computer programs and databases.
2. Exclusive rights of copyright owners: The Act grants copyright owners exclusive rights to reproduce, distribute, perform, and adapt their works.
3. Moral rights: The Act recognizes the moral rights of authors, including the right to be identified as the creator and the right to object to derogatory treatment of their work.
4. Fair use provisions: The Act includes provisions for fair use, allowing limited use of copyrighted material without the owner’s permission for purposes such as criticism, commentary, news reporting, teaching, and research.
5. Infringement and remedies: The Act outlines what constitutes copyright infringement and provides for both civil and criminal remedies in case of violations.
6. Registration process: While copyright protection is automatic upon creation, the Act establishes a registration process to provide additional benefits to copyright owners.
7. Duration of protection: The Act specifies the duration of copyright protection for different types of works.

III. Copyright Registration Process in Nepal

While copyright protection in Nepal is automatic upon the creation of a work, registration provides additional benefits such as prima facie evidence of ownership and the ability to seek statutory damages in case of infringement. The copyright registration process in Nepal involves several steps:

A. Step 1: Identifying copyrightable work

The first step in the registration process is to determine whether your work is eligible for copyright protection under the Copyright Act, 2059. Copyrightable works include:

• Literary works (books, articles, poems, etc.)
• Musical works (compositions, lyrics, etc.)
• Dramatic works (plays, screenplays, etc.)
• Artistic works (paintings, sculptures, photographs, etc.)
• Cinematographic works (films, documentaries, etc.)
• Sound recordings
• Computer programs and databases

It’s important to note that ideas, facts, or concepts alone cannot be copyrighted; only the original expression of these ideas in a tangible form is eligible for protection.

B. Step 2: Preparing documentation

Once you’ve identified your copyrightable work, you need to prepare the necessary documentation for registration. This typically includes:

1. A completed copyright registration application form
2. Copies or samples of the work to be registered
3. Proof of identity of the copyright owner
4. Any relevant agreements or contracts related to the work’s creation or ownership

C. Step 3: Submitting application

The next step is to submit your application and supporting documents to the Nepal Copyright Registrar’s Office, which is under the Ministry of Culture, Tourism and Civil Aviation. The office is located in Kathmandu, and applications can be submitted in person or by mail.

D. Step 4: Examination of application

Upon receiving your application, the Copyright Registrar’s Office will examine it to ensure all required information and documents have been provided. They may also conduct a preliminary examination to verify the originality of the work.

E. Step 5: Registration and certificate issuance

If the application meets all requirements and no objections are raised, the Copyright Registrar will register the work and issue a certificate of registration. This certificate serves as prima facie evidence of copyright ownership and can be valuable in case of future disputes or infringement claims.

IV. Documents Required for Copyright Registration

To successfully register a copyright in Nepal, you will need to submit the following documents:

1. Completed copyright registration application form
2. Three copies of the work to be registered (for literary, musical, or dramatic works)
3. Two copies or photographs of the work (for artistic works)
4. Proof of identity of the copyright owner (citizenship certificate or passport)
5. Power of attorney (if applying through a representative)
6. Any relevant agreements or contracts related to the work’s creation or ownership
7. Receipt of payment of the registration fee

V. Copyright Protection Services

In addition to registration, the Copyright Act, 2059 provides for various copyright protection services in Nepal. These include:

1. Mediation services for copyright disputes
2. Assistance in enforcing copyright rights
3. Public awareness programs on copyright protection
4. Collaboration with international copyright organizations

The Nepal Copyright Registrar’s Office works in conjunction with other government agencies and law enforcement to ensure effective copyright protection and enforcement.

VI. Duration of Copyright Protection

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

1. Literary, dramatic, musical, and artistic works: Life of the author plus 50 years after their death
2. Cinematographic works: 50 years from the date of publication
3. Sound recordings: 50 years from the date of publication
4. Photographs: 50 years from the date of creation
5. Computer programs: 50 years from the date of publication

For works of joint authorship, the protection period is calculated from the death of the last surviving author.

VII. Costs Associated with Copyright Registration

The costs for copyright registration in Nepal are relatively modest and are set by the government. As of the latest available information, the fees are as follows:

1. Literary works: NPR 100
2. Musical works: NPR 100
3. Dramatic works: NPR 100
4. Artistic works: NPR 100
5. Cinematographic works: NPR 1,000
6. Sound recordings: NPR 500
7. Computer programs: NPR 500

These fees are subject to change, and it’s advisable to check with the Copyright Registrar’s Office for the most up-to-date fee schedule.

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VIII. Relevant Authorities and Enforcement

The primary authority responsible for copyright matters in Nepal is the Copyright Registrar’s Office, which operates under the Ministry of Culture, Tourism and Civil Aviation. Other relevant authorities include:

1. Nepal Police: Responsible for investigating criminal copyright infringement cases
2. District Courts: Handle civil copyright disputes and infringement cases
3. Appellate Courts: Hear appeals on copyright-related decisions
4. Supreme Court of Nepal: The highest court for copyright-related matters

Enforcement of copyright in Nepal involves both civil and criminal remedies. Civil remedies include injunctions, damages, and accounts of profits. Criminal penalties for copyright infringement can include fines up to NPR 100,000 and imprisonment for up to six months, or both, depending on the severity of the offense.

IX. Copyright Practices in Nepal

Copyright practices in Nepal have been evolving in recent years, with increased awareness and enforcement efforts. Some notable practices include:

1. Growing recognition of the importance of copyright protection among creators and businesses
2. Increased efforts to combat piracy, particularly in the music and film industries
3. Development of collective management organizations to help creators manage their rights
4. Incorporation of copyright education in academic curricula
5. Collaboration with international organizations to strengthen copyright protection

Despite these positive developments, challenges remain, including limited resources for enforcement and the need for continued public education on copyright matters.

X. Conclusion

The Copyright Act, 2059 provides a comprehensive framework for copyright protection in Nepal, aligning the country with international standards and offering creators robust protection for their intellectual property. While copyright registration is not mandatory, it offers significant benefits and is a relatively straightforward process.

As Nepal continues to develop its creative industries and integrate into the global economy, understanding and utilizing copyright protection becomes increasingly important for creators, businesses, and the overall economic growth of the country.

FAQs:

1. What works are protected by copyright? Copyright protects original literary, artistic, musical, dramatic works, cinematographic works, sound recordings, and computer programs.
2. How long does copyright protection last? The duration varies by work type, but generally lasts for the author’s life plus 50 years for most works.
3. Is copyright registration mandatory? No, copyright protection is automatic upon creation, but registration provides additional benefits.
4. Who can register for copyright? The author or creator of the work, or the person who owns the copyright through transfer or assignment.
5. Which authority handles copyright registration? The Nepal Copyright Registrar’s Office under the Ministry of Culture, Tourism and Civil Aviation.
6. What are the penalties for copyright infringement? Penalties can include fines up to NPR 100,000 and imprisonment for up to six months, or both, depending on the severity.
7. Can foreigners register copyrights in Nepal? Yes, foreigners can register copyrights in Nepal, subject to any applicable international agreements.
8. How much does copyright registration cost? Fees range from NPR 100 to NPR 1,000, depending on the type of work.
9. Can copyright be transferred? Yes, copyright can be transferred or assigned to others through written agreements.
10. What is fair use in copyright? Fair use allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, and research.