Copyright, as defined by the Copyright Act, 2002 in Nepal, encompasses any original intellectual work in the fields of literature, art, science, or any other discipline. It grants creators exclusive rights over their works, including literary compositions, music, films, and software. Unauthorized use of such creations without the creator’s consent is termed copyright infringement, a violation of copyright law by an individual who uses or exploits the work without proper authorization. 

Registration of Copyright Works 

While copyright registration is not mandatory for protection in Nepal, it plays a pivotal role in establishing ownership and adjudicating claims. According to Section 5 of the Copyright Act, 2002, copyright protection is based on the principle of automatic protection. However, voluntary registration strengthens a creator’s claim in potential infringement cases. 

Grounds for Copyright Infringement 

Section 25 of the Copyright Act, 2002 outlines seven specific grounds under which copyright infringement can be claimed: 

1. Unauthorized Reproduction and Distribution: Reproducing, selling, or publicly communicating a work without the consent of the copyright owner, or violating the terms of a license, even if the initial authorization was obtained. 
2. Use for Advertising or Publicity: Copying another’s work for advertising purposes to exploit its established reputation. 
3. Creation of Derivative Works: Producing works derived from the original with the intention of gaining economic benefit. 
4. Deceptive Adaptations: Adapting works in a manner that misleads audiences into believing it to be another’s creation. 
5. Circumvention of Copyright Protection Measures: Importing or producing devices designed to circumvent technologies meant to prevent unauthorized reproduction. 
6. Unauthorized Reception of Broadcasts: Manufacturing or importing equipment to illegally access encrypted broadcast programs. 
7. Manufacture of Infringing Devices: Producing or distributing mechanical devices solely intended to facilitate copyright infringement. 

Legal Remedies and Penalties 

Nepal treats copyright infringement as a criminal offense, reflecting the gravity of such violations. Those found guilty under Section 25 face fines ranging from NPR 5,000 to NPR 50,000, depending on the severity of the infringement. Civil liabilities also provide a path for creators to seek compensation, in addition to criminal penalties, thereby ensuring access to justice for copyright holders. 

Challenges and the Need for Stronger Enforcement 

Despite the legal provisions, the number of copyright infringement cases in Nepal continues to rise. This calls for a more stringent approach from the government, including stronger enforcement mechanisms to prevent the illegal reproduction of intellectual property. Mandatory formal agreements with rights holders should be implemented to ensure proper licensing and prevent unauthorized exploitation. 

Nepal must adopt a holistic approach to copyright protection that includes legal reforms, technological advancements, and public education. Such comprehensive efforts will safeguard the rights of creators while fostering an environment that encourages innovation and economic growth.

Disclaimer

We hereby declare that the information in this article is for informational purposes only and should not be considered as legal advice. 

For further information or legal consultation, please contact us at: info@apexlaw.com.np