COPYRIGHT REGISTRATION IN NEPAL
A copyright provides protection for the original works of the author. It includes literary, musical and dramatic works as well as photographs, audio and visual recordings, software and other intellectual works. Copyright protection begins as soon as the work is registered. Copyright needs to be protected as it safeguards some rights of the author. Thus, protecting and rewarding their creativity. The author is the first owner of copyright work and no one has the right to use a copyrighted work without the permission of the copyright owner. Applicable Laws for the protection of Copyright in Nepal are: · The Copyright Act 2059 (2002) · The Copyright Regulation 2061 (2004) · The procedure of Nepal Copyright Registrar’s Office 2061 (2004) The copyright protects work like book, pamphlet, articles, thesis, drama, dramatic-music, audiovisual works, architectural designs, fine arts, painting, work of sculpture, work of woodcarving, computer program, photographic work, sound recording, etc.
Registration of Copyright
The copyright is protected under the Copyright Act, 2059 B.S. and Copyright Rules, 2061. The registration of the copyright is not mandatory to get copyright protection. It is voluntary and if the copyright owner wants to register it, then: An application is to be made to the Office of the Registrar (Nepal Copyright Registrar's Office) in the prescribed format. The documents that are required to be attached are: · The printed form of the creation (2 copies required). If a book has been published, then it needs to be presented. · Photocopy of citizenship. · A postal ticket. · If it is of a company, then the certificate of company registration. · Custom receipt of Rs. 100/- · If any person is involved through a contract, then the contract document needs to be attached. · If the copyright is about the software, then the Source Code and Flowchart need to be presented. · 2 Passport size photo. · Power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant or company. · The work should be presented in a permanent form. if it is not permanent, no copyright is awarded. To protect the work under copyright law, ideas should be in physical or tangible form. The degree of originality required for copyright protection is minimal. More emphasis is laid on labour, skill, judgment and capital spent in producing the work. Thus, originality is not the main criterion, rather it should be independently created. The Registrar will examine the copyright then verify. If the work was not invented before then it will be registered. The applicant needs to be the creator or else if the person had bought it from another person, then it needs to be mentioned. It normally takes 5 to 35 days to register the Copyright and Rs. 5000 is charged for issuing the Certificate of Registration.
Term of protection
The economic and moral rights available to the author are protected throughout the life of the author and for 50 years from the year of their death. But if the work is published anonymously or with a pseudonym, the work is protected for 50 years from the date of publication of such work. The work relating to applied art and photographic work is protected until 25 years from the year of preparation of such work. If the work is prepared jointly, it is protected till one of them remains alive. Thereafter, it is protected for 50 years from the year of death of the last running author. The copyright owner may transfer all or any of the economic rights conferred on him/ her to anyone by making a written agreement or authorizing anyone to use.
Non-protectable subject matter:
Copyright does not protect general words, slogans, ideas or concepts, familiar words and designs. Simply coming up with an idea does not make you a copyright owner unless the same idea is expressed in a tangible form. For example: Einstein’s theory of relativity is not copyrightable.
Punishment for the copyright infringement
Section 27 provides punishment for the infringement of the copyright. If any person infringes the copyright or does anything prohibited by the Act, will be punished with a fine of a sum from 10,000-1, 00,000 rupees or with imprisonment for a 6-month term or both. Further, a fine of a sum from 20,000-2, 00,000 rupees or with imprisonment for a term not exceeding 1 year or with both for each instance from the second time. The infringed work so published or reproduced will be seized. The infringer will cover the losses incurred by the copyright owner. Section 26 includes restrictions on the importation of unauthorized copies and punishes such acts with a fine of a sum from ten thousand to one hundred thousand rupees. The copies are seized and compensation is provided to the owner. If copyright protection is enforced rigidly, it can slow down the progress of society. But copyright laws are enacted with necessary expectations to ensure that a balance is maintained between the creator and the public. Hence to strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society, there are exceptions in the law. To get the protection of copyright, a piece of work must be original.
