Highlights of the Copyright Act 2059: Copyright Law in Nepal

Copyright Act 2059 was introduced and authenticated in the 30th Shrawan 2059, replacing the Copyright Act 2022 to update the existing legal provisions related to Copyright Law in Nepal. The Act consists of 7 Chapters and 43 Sections.

The Act has further provisions related to the Acquisition and Protection of Copyright, detailed mentions of the Rights vested in the Copyright Owner, offenses, and crimes related to Copyright Infringement along the process of Transferring Copyright in Nepal.

Definitions of Key Copyright Terms

(a) “Work” refers to any original and intellectual creation in fields like literature, art, science, and others. It includes books, articles, plays, musical notations, audiovisual content, architectural designs, fine arts, photographs, applied art, illustrations, maps, computer programs, and more.

(b) “Author” is the person who creates a work.

(c) “Audio-visual work” is a cinematic creation for viewing on a screen, with or without sound.

(d) “Photographic work” is an image created using light, radiation, or technology, where the image can be physically captured or reconstructed.

(e) “Sound recording” is the act of capturing sound for listening purposes, excluding simultaneous sound and image recording.

(f) “Performance” includes techniques of presenting a work, such as recitation, music, dancing, acting, or any other method.

(g) “Copyright owner” is a person or organization primarily holding the economic rights, or to whom the economic rights have been transferred.

(h) “Broadcasting” refers to sharing works for public information or transmitting audio or audio-visual content.

Acquisition and Protection in Copyright Act

Protection and Availability

It is Section 3 of the Copyright Act that has guaranteed and extended Copyright Protection to any Original Work in Nepal. It has posited that Translations, arrangements, sequential arrangements, collections of works that appear as original in presentation, databases, data, proverbs, folktales, folk songs, or derivative works based on folk expression are also protected as Original Works.

Copyright protection is not extended to thoughts, religions, news, methods of operation, concepts, principles, court judgments, administrative decisions, folk songs, folktales, proverbs, or general data. However, it is not mandatory or compulsory to obtain copyright Protection in Nepal although the act has permitted Voluntary Registration of such work.

Owner of the Copyright

The Original Author of the work is deemed the initial owner of the Economic Rights connected to the Copyright. However, the following Individuals are also entitled to the economic rights of the Copyright:

1. Co-authors in the case of a joint work.
2. Person or organization initiating a joint work.
3. Entity providing remuneration for the work.
4. Publisher of an anonymous work until the author is identified.
5. Producer of an audio-visual work

Economic Rights

The Economic Rights of the Copyright owner in Nepal, as provided in Section 6 of the Copyright Act:

1. Reproduce the work.
2. Translate the work.
3. Revise or amend the work.
4. Make arrangements or other transformations to the work.
5. Sell, distribute, or rent the work to the general public.
6. Transfer or rent rights
7. Import copies of the work.
8. Publicly exhibit the work.
9. Perform the work publicly.
10. Broadcast the work.
11. Communicate the work to the general public.

Moral Rights

Moral Rights of individuals are not transferable during the lifetime of an author. Moral Rights of the author are as follows:

• Right to have their name mentioned in copies of the work.
• If a pseudonym is used, the right to have it mentioned when the work is used publicly.
• Right to prevent actions that undermine the work’s reputation or presentation.
• Right to make necessary amendments

Rights of Performer

The Performers have the right to maintain their identity and claim authority over their work while preventing acts that distort their performance or harm their reputation. The Rights of the Performer are protected for 50 years from the year of incorporation or from the year of performance itself. The Rights of the Performer, as stated in this Act are:

1. Take their performance to the general public through broadcasting or communication.
2. Determine the modality or medium of performance and reproduce it.
3. Take their performance to the general public for the first time, sell or transfer copies, or change ownership.
4. Rent copies of their performance.
5. Take the performance to the public through wire or wireless means.
6. Amend or revise their performance.

Rights of Producer

The Below-listed Rights are valid for fifty years from the year of the publication of the sound recording. The following are the rights of the sound recording producers as incorporated in the Copyright Act:

1. To reproduce the sound recording in any form, directly or indirectly.
2. To import copies of the sound recording.
3. To make the sound recording available through sale, ownership transfer, or other means.
4. To publicly rent or lease the sound recording.
5. To enable the sound recording to be heard through wire or wireless equipment from a specific location or a chosen place or by the general public.

Broadcasting Rights

• a. Re-broadcast their broadcasts.
• b. Make their broadcasts easily accessible to the general public.
• c. Make adjustments to their broadcasts.
• d. Reproduce adjustments made to their broadcasts.

Provisions on Protection

The following categories are protected under this Act:

• a. Works by authors residing in Nepal or a member country of the World Trade Organization, published in Nepal or that country.
• b. Audio-visual works produced by producers residing in Nepal or a member country of the World Trade Organization.
• c. Architectural designs or artistic works used in buildings or structures created in Nepal or a member country of the World Trade Organization.
• d. Works or Audio-Visual Works published in Nepal by authors from countries other than Nepal or member countries of the World Trade Organization

The following performers are entitled to performer rights under this Act:

• a. Performers from Nepal or member countries of the World Trade Organization.
• b. Performers of performances created in Nepal or member countries of the World Trade Organization

Terms of Protection of Copyright

The Economic and Moral Rights of authors under the Copyright Act are protected for the author’s lifetime and fifty years after they have passed away. However, for works created jointly, the economic and moral rights are protected for fifty years from the death of the last surviving author.

Works that are published anonymously or under a pseudonym are protected until fifty years from the first publication of the work or whenever it becomes public. If the name of the author is revealed, the copyright is protected for the lifetime of the author and fifty years after their passing. For Applied Art and Photographic Works, the economic and moral rights are protected for twenty-five years from the year of their creation.

Protection after Death

For Single-Authored Works, the works published after the death of the author are protected until fifty years from the year of their publication For Works with two or more authors, the works published are protected until fifty years from the year of publication after the death of one of the authors.

Usage of Copyright Materials

Chapter 4 Section 16 to 23 has provisioned for the excepts to Copyright Protection and conditions where copyrighted materials can be used without authorization in Nepal:

Personal Use

The Portions of any published work can be reproduced for personal use without authorization from the author or copyright owner. However, it isn’t applicable for reproducing architectural designs, a high portion of books, or musical notations.

Citation Allowed

The portions of a published work can be cited for fair use without authorization from the author or copyright owner as long as it does not prejudice their economic rights.

Reproduction for Teaching and Learning

Small portions of the Published Works can be allowed for teaching and learning without authorization as long as it does not harm the economic rights of the owner.

Reproduction by Libraries and Archives

Public libraries or archives can reproduce one copy of a work without authorization from the author or copyright owner if the work is lost, destroyed, old, or unavailable.

Public Information

Actions and Conducts such as printing articles or making broadcasts are allowed without authorization from the author or copyright owner. It can also be extended to disseminate current information and current events.

Reproduction of Computer Program

One can reproduce a copy of a computer program to maintain records or replace lost, destroyed, or unusable programs without authorization from the author or copyright owner.

Public Exhibition Allowed

Public exhibition of any work or copy can be done without authorization from the author or copyright owner

Transfer of Copyright

Copyright owners have the authority to transfer some or all of the economic rights granted to them. It can be done by entering into a written agreement with someone else or authorizing others to exercise these rights without specifying the terms and conditions.

Individuals with moral rights can also transfer these rights after their death through a written agreement. However, the individuals receiving these rights are restricted from engaging in any other activities beyond what has been transferred.

Copyright Infringement and Punishment

The following actions have been considered copyright Infringement in Nepal:

1. Reproducing copies of a work or sound recording and selling, distributing, or publicly communicating them for commercial or any other purposes, with or without economic gain, without authorization from the author or copyright owner, or by violating the terms in an agreement or license, even if authorization has been obtained.
2. Advertising or promoting another person’s work by copying it with the intent to benefit from the reputation of that work.
3. Creating a work of a different subject or nature by altering the form and language of another person’s work with the intent of gaining economic benefit.
4. Attempting to benefit from an adaptation of any work, directly or indirectly, to make the viewer, listener, or reader believe it is another work through advertising or other means.
5. Importing, producing, or renting equipment or devices designed to circumvent devices created to prevent unauthorized reproduction.
6. Producing or importing, with the intent to sell, equipment that facilitates the unauthorized reception of a broadcast program by decrypting it.
7. Importing, selling, distributing, or using a mechanical device prepared solely for copyright infringement

Individuals who engage in copyright infringement in Nepal are entitled to face fines ranging from NPR 10,000 to NPR 1,00,000 or imprisonment for up to six months for the first copyright violation.

If the individuals engage in subsequent violation, it can result in a fine ranging from NPR 20,000 to NPR 2,00,000 or Imprisonment for up to One Year or both. It also includes the seizing of published, reproduced, or distributed materials along with reasonable compensation for the loss incurred.

For engaging in copyright Infringement in minor cases, the individuals may face fines ranging from NPR 5,000 to NPR 50,000, determined by the gravity of the Infringement.