Introduction to Copyright Law in Nepal

distribution and use. In Nepal, the Copyright Act of 2059 B.S. defines a “Copyright Work” as any original

and intellectual work in literature, art, science, or any other field. The author of such a work is known as

the Copyright Owner and is entitled to various rights, including Economic Rights, Moral Rights, and

Royalty Rights. Nepal Copyright Registrar’s Office is established for enforcing Copyright Law in Nepal.

Legislation on Copyright in Nepal

1. Copyright Act, 2059: This act was promulgated by Gyanendra Bikram Shah and provides the

foundational framework for copyright-related laws in Nepal. It covers the acquisition and

protection of copyright, the term of copyright protection, circumstances of use, transfer of

2. Copyright Rule, 2061: This rule was framed in accordance with the Copyright Act of 2002 and

primarily facilitates the registration and protection of copyrights. It allows legal entities to

the copyright being conferred to the applicant’s name.

Things Covered by Copyright Law

The Copyright Law of Nepal protects any intellectual and creative work presented as original. According

to Section 2 of the Copyright Act of 2059, the following works are governed by Nepal’s Copyright Law:

1. Books, articles, theses, etc.

2. Drama, music, and audiovisual works

3. Designs, arts, paintings, sculptures, woodcarving, etc.

4. Photographic works and applied art

5. Illustrations, maps, three-dimensional works, etc.

6. Computer programs

Things Not Covered by Copyright Law in Nepal

However, there are certain things not governed by Copyright Law in Nepal, as per Section 4 of the

1. Thoughts, concepts, principles

2. Religion, news, folksongs, folktales, proverbs

3. Administrative decisions, court judgments, methods of operation

Should I Own Copyright in Nepal?

Rights of Copyright Owner

The Copyright Act of 2059 outlines several rights that can be conferred to the original copyright owner.

These rights are essential to protect the creative works of authors, performers, sound recorders, and

broadcasting organizations.

Economic and Moral Rights: The Copyright Act recognizes both Economic and Moral Rights of the

Original Copyright Work in any form. They also have the right to sell or distribute copies of the work to

the general public, perform, broadcast, and communicate the work in public.

Apart from Economic Rights, the Author also enjoys certain Moral Rights related to their work. These

rights include the ability to use pseudonyms in public, make revisions to their work, receive credit when

their work is used publicly, and the right to prevent acts that may harm the Author’s reputation.

Other Rights: In addition to the above, the Copyright Owner has the right to take their performance to

the general public through broadcasting or communication. They can also rent and revise their work as

they wish. Similarly, Sound Producers have the right to reproduce, rent, lease, and edit their sound

recordings as needed. Broadcasting Organizations can re-broadcast, communicate the broadcast, and

make adjustments to their broadcasts as per their requirements.

Terms of Protection of Copyright in Nepal

Term of Protection	Duration of Copyright Protection
Author’s Life	Throughout the author’s life + 50 years after death
Joint Work	50 years after the death of the last author
Organizational Works or Worksrepresenting the Organization	50 years from the date of first publication or the date of making the workpublic, whichever is earlier
Anonymous or PseudonymousWork	50 years from the date of first publication or the date of making the workpublic, whichever is earlier, if the name is not revealed. Else, Throughout theAuthor’s Life and 50 Years after their death.
Applied Art and PhotographicWork	25 years from the year of preparation of the work
Work Published after theAuthor’s Death	50 years from the year of publication

Usage of Copyright Material in Nepal:

The Copyright Act of 2059 provides specific circumstances where the lawful usage of Copyrighted

Materials is allowed without requiring authorization from the Author or Copyright Owner. Here is a list

of scenarios where you can use Copyrighted Materials:

Reproduction for Personal Purposes

Individuals can reproduce Copyrighted Works for personal use without needing authorization, with

some exceptions such as architectural designs, significant portions of books, musical notations, and

anything else that would harm the Economic Rights of the Author.

Citation

The Copyrights Act, 2059 permits individuals to cite portions of published works without the Author’s

authorization, as long as it doesn’t harm the Economic Rights of the Author.

Reproduction for Teaching and Learning

A small portion of the original Copyrighted Work can be reproduced for educational purposes in

classrooms without requiring authorization. However, proper citation and credit must be given.

Reproduction by Libraries and Archives

Non-profit libraries or archives providing works for research and study purposes can reproduce one copy

of the original work without authorization, in cases where the original work cannot be obtained.

Other Usages

Computer programs can be reproduced without authorization for specific use cases only. Works can also

be displayed publicly without authorization, as long as certain elements that could infringe the Author’s

rights are omitted.

Transfer of Copyright:

The original Copyright Owner can transfer their Economic and Moral Rights by making a written

agreement, provided their name remains attached to the Original Work. The secondary owner can only

exercise the rights granted in the agreement.

How to Get Copyright in Nepal

To obtain copyright protection in Nepal, follow these steps:

Step 1: Prepare the Application: Fill out the application form with basic information, including the Name

of the Author or Owner, Citizenship, and details of the work (Name, Language, Date, Country, etc.).

Step 2: Submit the Application and Evidence: Submit the completed application along with the required

evidence to the Copyright Registration Office in Narayanhiti, Kathmandu.

Step 3: Application Examination: The Registrar will review the application and may request additional

documents if necessary.

Step 4: Registration Decision: If the application is satisfactory, the Registrar will register the work in the

applicant’s name within thirty-five days. A registration fee of Rs. 100 should be paid.

Step 5: Issuance of Registration Certificate: Upon successful registration, the Registrar will provide a

certificate of registration to the applicant.

Step 6: Rejection and Reasons: If the application is rejected, the Registrar will notify the applicant of the

reasons within seven days.

Step 7: Correcting Particulars: If corrections are needed in the registered particulars, the applicant can

submit an application explaining the reasons for correction.

Step 8: Particulars Correction: The Registrar will review the application for corrections and update the

registered book accordingly.

By following these steps, individuals can ensure proper copyright protection for their creative works in

Nepal.

Copyright Infringement

Acts considered Copyright Infringement

According to Section 25 of the Copyright Act, the following actions shall be considered as infringement

of the protected rights of the Original Copyright Owner:

1. Reproducing, selling, distributing, or publicly communicating copies of a work or sound

recording without authorization from the author or copyright owner, or by violating the terms of

an agreement or license, even if such authorization was obtained.

2. Copying someone else’s work for advertising or publicity purposes to take advantage of the

reputation gained by that work.

3. Creating a derivative work based on another person’s work with the intention of deriving

economic benefit.

4. Attempting to benefit by adapting any work in a way that misleads the audience into believing it

to be another work.

5. Importing, producing, or renting equipment or devices designed to circumvent any device

meant to discourage unauthorized reproduction.

6. Producing or importing equipment designed to facilitate unauthorized reception of broadcast

programs encrypted in a code language.

Punishment of Copyright Infringement in Nepal

Chapter 6 Section 25 of the Copyright Act, 2059 outlines various acts that constitute copyright

infringement and provides for penalties for those found guilty. Individuals found guilty of copyright

infringement may be subject to a fine ranging from 10,000 to 1 lakh rupees and imprisonment not

exceeding six months, or both. For repeat offenses, the punishment is doubled, and the infringer must

also compensate the copyright owner for the loss caused.

In the case of active involvement in the importation of unauthorized copies, as mentioned in Section 28

of the Copyright Act, the importer will be fined an amount between 10,000 to 1 lakh rupees based on

the gravity of the offense. The unauthorized copies will be seized, and the importer must compensate

the copyright owner for the loss caused.

Section 29 mentions that other forms of infringement not mentioned can result in a fine ranging from

5,000 to 50,000 rupees based on the severity of the offense.

How to Register Copyright Cases in Nepal?

cases is the Summary Procedures Act, 2028, and the case doesn’t last for more than 90 days. If a

months from the date of awareness of the infringement. If the individual is not satisfied with the order

or decision made, the Copyright Owner can also appeal in the Appellate court within 35 days of the final

decision.

To officially file a Copyright Case in Nepal, you must follow the following procedures:

1. Gather Evidence.

2. File an FIR to the relevant authority.

3. Conduct an investigation by the Police Inspector.

4. Ensure the seizure of infringing copies and their destruction.

5. Register the cases with the District Attorney Office.

6. Proceed with the trial in the District Court.

7. If needed, file an appeal within 35 days.

Conclusion

innovation and creativity within the nation. The Copyright Law of Nepal has also attempted to provide

rightful Economic and Moral Rights to the Copyright Owner. For the Registration of Copyright, the

Author or Owner of the Work must proceed to the Nepal Copyright Registrar’s Office and follow the

appropriate Procedures listed above for the completion of the Process. The Individual can then enjoy

their Royalties as well through the Royalty Collection Body.

To consult or get legal advice from our Expert for Legal Services for Copyright Law in Nepal ;

contact us at: 977-01-4102849/977-9851059026, Prime Law Associates, Anamnagar, Kathamndu,

info@primelawnepal.com , www. primelawnepal.com

This article is for informational purposes only and shall not be construed as legal advice, advertisement,

personal communication, solicitation or inducement of any sort from the firm or any of its members. The

law office shall not be liable for consequences arising out of any action undertaken by any person relying

on the information provided herein.