Table of Contents
Copyright law in Nepal provides legal protection to creators of original intellectual works, granting them exclusive control over the use, distribution, and reproduction of their creations. The Copyright Act 2059 (2002) is the primary legislation governing copyright protection in Nepal, establishing a comprehensive framework for the acquisition, protection, transfer, and enforcement of copyright rights. Nepal is also a member of international treaties including the Berne Convention for the Protection of Literary and Artistic Works, aligning its domestic laws with global intellectual property standards. The Nepal Copyright Registrar's Office is the official body responsible for copyright registration and enforcement in the country.
What is Copyright?
Copyright is the legal right granted to creators of original works, giving them exclusive control over the reproduction, distribution, and use of their intellectual creations. It legally protects intellectual property from unauthorized use and ensures that creators benefit economically and morally from their work.
Copyright protection encourages creativity and innovation by providing authors, artists, musicians, filmmakers, software developers, and other creators with a defined set of exclusive rights over their original works.
Legal Framework for Copyright in Nepal
| Legislation | Year | Purpose |
|---|---|---|
| Copyright Act | 2059 (2002) | Primary law governing copyright acquisition, protection, rights, transfer, infringement, and punishment |
| Copyright Rules | 2061 (2004) | Procedural rules for copyright registration and protection |
| Berne Convention | Member State | International treaty for protection of literary and artistic works |
| TRIPS Agreement | WTO Member | Trade-Related Aspects of Intellectual Property Rights |
The Copyright Act 2059 replaced the earlier Copyright Act 2022 (1965) to update and modernize the legal provisions relating to copyright protection in Nepal. The Act consists of 7 Chapters and 43 Sections covering all aspects of copyright law.
Works Protected Under Copyright Law
Section 2 of the Copyright Act defines "Work" as any original and intellectual creation presented in the field of literature, art, science, and other fields. The following works are protected under Nepal's copyright law:
| Category | Examples |
|---|---|
| Literary Works | Books, pamphlets, articles, theses, manuscripts |
| Dramatic Works | Drama, dramatic-music, dumb show, stage performances |
| Musical Works | Musical notations with or without words |
| Audio-Visual Works | Cinematographic works, films, videos viewable on screen |
| Architectural Works | Architectural designs, building plans |
| Artistic Works | Paintings, sculptures, woodcarvings, lithography, fine arts |
| Photographic Works | Photographs, images created using light or radiation |
| Applied Art | Artistic works applied to functional objects |
| Illustrations and Maps | Illustrations, maps, plans, three-dimensional geographical works |
| Computer Programs | Software, applications, digital programs |
| Derivative Works | Translations, adaptations, arrangements, collections presented as original |
| Databases | Data or databases readable with or without machine support |
| Folk Expressions | Proverbs, folktales, folk songs (when presented originally) |
Works NOT Protected Under Copyright
Section 4 of the Copyright Act explicitly excludes certain items from copyright protection, regardless of how they are expressed or interpreted:
- Thoughts, ideas, concepts, principles
- Religious beliefs and teachings
- News and factual information
- Methods of operation
- Court judgments and administrative decisions
- Folksongs, folktales, and proverbs in their original traditional form
- General data
Is Copyright Registration Mandatory?
No, copyright registration is not mandatory in Nepal. According to Section 5 of the Copyright Act, registration of a work, sound recording, performance, or broadcasting is not required to acquire copyright protection. Copyright automatically vests in the creator upon the creation of an original work.
However, voluntary registration is available and recommended as it provides:
- Official documentation of ownership
- Evidence in case of disputes or litigation
- Public record of creation date
- Easier enforcement of rights
Ownership of Copyright
Section 6 of the Copyright Act establishes who owns the economic rights of a copyrighted work:
| Situation | Copyright Owner |
|---|---|
| Original Work | The author who created the work |
| Joint Work | Co-authors jointly; if parts are identifiable, each author owns their part |
| Commissioned Work | Person or organization who initiated or directed the work |
| Work for Remuneration | Person or organization who paid for the work |
| Anonymous Work | Publisher, until author reveals identity |
| Audio-Visual Work | Producer, unless otherwise agreed in contract |
| Transferred Work | Person or organization to whom rights are transferred |
Rights of Copyright Owners
The Copyright Act grants two categories of rights to copyright owners: Economic Rights and Moral Rights.
Economic Rights (Section 7)
Economic rights are exclusive rights that allow the copyright owner to benefit financially from their work. These rights are transferable and include:
- Reproduction: To reproduce the work in any form
- Translation: To translate the work into other languages
- Revision: To revise or amend the work
- Transformation: To make arrangements and other transformations
- Distribution: To sell, distribute, or rent the original and copies to the public
- Transfer/Rental: To transfer or rent rights of audiovisual works, sound recordings, computer programs, or musical works
- Importation: To import copies of the work
- Public Exhibition: To have public exhibition of the original or copies
- Public Performance: To perform the work in public
- Broadcasting: To broadcast the work through any medium
- Communication: To communicate the work to the general public
Moral Rights (Section 8)
Moral rights protect the personal and reputational connection between authors and their creations. These rights are non-transferable during the author's lifetime and include:
- Attribution: Right to have the author's name mentioned on copies and in public use
- Pseudonym: Right to use and have a pseudonym acknowledged during public use
- Integrity: Right to prevent distortion, mutilation, or any presentation that harms the author's reputation
- Modification: Right to make necessary amendments or revisions to the work
After the author's death, moral rights can transfer to a nominated person or organization, or in the absence of nomination, to the author's nearest heir.
Rights of Performers (Section 9)
Performers are granted specific rights under the Copyright Act:
- To take performance to the public through broadcasting or communication
- To determine modality or medium of performance and reproduce it
- To present performance to the public for the first time
- To sell, transfer, or change ownership of performance copies
- To rent copies of performance
- To make performance available through wire or wireless means
- To amend or revise performance
Once a performer authorizes their performance to be incorporated into an audiovisual work, they cannot re-exercise these rights for that performance. However, they retain the right to be identified as the performer and to protect their reputation.
Protection Period: 50 years from the year of incorporation into sound recording, or 50 years from the year of performance if not recorded.
Rights of Sound Recording Producers (Section 10)
- To reproduce the sound recording directly or indirectly, in any form
- To import copies of the sound recording
- To make sound recording available through sale or ownership transfer
- To publicly rent or lease the sound recording
- To enable sound recording to be heard through wire or wireless equipment
Protection Period: 50 years from the year of publication of the sound recording.
Rights of Broadcasting Organizations (Section 12)
- To re-broadcast their broadcasts
- To communicate broadcasts to make them easily available to the public
- To make fixation of their broadcasts
- To reproduce the fixation of their broadcasts
Protection Period: 50 years from the year of commencement of the broadcast.
Terms of Copyright Protection
Section 14 of the Copyright Act establishes the duration of copyright protection:
| Type of Work | Duration of Protection |
|---|---|
| Original Work (Single Author) | Author's lifetime + 50 years after death |
| Joint Work | 50 years from death of last surviving author |
| Commissioned/Organizational Work | 50 years from first publication or date made public (whichever is earlier) |
| Anonymous/Pseudonymous Work | 50 years from first publication or date made public; if author revealed, lifetime + 50 years |
| Applied Art and Photographs | 25 years from year of preparation |
| Work Published After Author's Death | 50 years from year of publication |
| Sound Recording | 50 years from year of publication |
| Performance | 50 years from incorporation or performance |
| Broadcast | 50 years from year of broadcast |
Use of Copyrighted Materials Without Authorization
Chapter 4 (Sections 16-23) of the Copyright Act provides exceptions where copyrighted materials can be used without the author's or copyright owner's authorization:
1. Personal Use (Section 16)
Portions of any published work can be reproduced for personal use without authorization. However, this does not apply to:
- Architectural designs erected as buildings
- Significant portions of books
- Musical work as notation
- Significant portions of databases through digital transmission
2. Citation for Fair Use (Section 17)
Portions of a published work can be cited for fair use without authorization, provided:
- It does not prejudice the economic rights of the author
- The source is mentioned
- The author's name is credited (if it appears)
3. Teaching and Learning (Section 18)
Small portions of published works can be reproduced for educational purposes:
- Reproduction by citation, writing, or audio-visual aid
- Reproduction, broadcast, and exhibition for classroom activities
- Source and author's name must be indicated
4. Libraries and Archives (Section 19)
Public libraries or archives may reproduce one copy of a work without authorization when:
- The original is lost, destroyed, or old
- The work cannot be obtained
- The reproduction is for research or study purposes
- No direct or indirect economic profit is derived
5. Public Information (Section 20)
The following actions are permitted for public information purposes:
- Printing in newspapers/journals or broadcasting articles on political or religious topics
- Reproducing or broadcasting current events
- Reproducing portions of news publications or court proceedings
However, if the author has indicated that reproduction is prohibited, such use is not allowed.
6. Computer Program Backup (Section 21)
One copy of a legally acquired computer program can be reproduced for:
- Maintaining records
- Replacing lost, destroyed, or unusable programs
7. Personal Importation (Section 22)
One copy of any work can be imported for personal purpose without authorization.
8. Public Exhibition (Section 23)
Public exhibition of a work or its copy is allowed without authorization, provided it is not displayed using film, slide, television, screen, or electronic devices.
Transfer of Copyright (Section 24)
Copyright owners can transfer their rights through written agreements:
Transfer of Economic Rights
- All or any economic rights can be transferred to any person or organization
- Transfer must be made through written agreement
- Can authorize use with or without specifying terms
- Transferee can only exercise the specific rights transferred
Transfer of Moral Rights
- Can only be transferred to take effect after the author's death
- Must be through written agreement
- Condition: Author's name must not be removed from the work
Copyright Infringement (Section 25)
The following acts constitute copyright infringement in Nepal:
| S.N. | Infringement Act |
|---|---|
| 1 | Reproducing, selling, distributing, or publicly communicating copies of a work without authorization or by violating license terms |
| 2 | Advertising or publicizing by copying another person's work to benefit from its reputation |
| 3 | Creating a new work by altering another's work with intent for economic gain |
| 4 | Attempting to benefit from adapting a work to mislead the public into believing it is another work |
| 5 | Importing, producing, or renting devices designed to circumvent anti-piracy protection |
| 6 | Producing or importing equipment for unauthorized reception of encrypted broadcasts |
| 7 | Importing, selling, distributing, or using mechanical devices intended solely for copyright infringement |
| 8 | Knowingly selling, distributing, or renting unauthorized copies of works or sound recordings |
Penalties for Copyright Infringement
Chapter 6 of the Copyright Act provides penalties for copyright infringement:
| Violation | Fine | Imprisonment | Additional Consequences |
|---|---|---|---|
| First Violation (Section 27) | NPR 10,000 to NPR 1,00,000 | Up to 6 months | Seizure of materials and devices; compensation to copyright owner |
| Subsequent Violations | NPR 20,000 to NPR 2,00,000 | Up to 1 year | Seizure of materials and devices; compensation to copyright owner |
| Importation of Unauthorized Copies (Section 28) | NPR 10,000 to NPR 1,00,000 | — | Seizure of copies; compensation to copyright owner |
| Other/Minor Violations (Section 29) | NPR 5,000 to NPR 50,000 | — | Based on gravity of offense |
Copyright Registration Process in Nepal
Although registration is voluntary, the process for registering copyright at the Nepal Copyright Registrar's Office is as follows:
Step-by-Step Registration Process
| Step | Action | Details |
|---|---|---|
| Step 1 | Prepare Application | Fill out application form with author/owner details, citizenship, and work details (name, language, date, country) |
| Step 2 | Submit Application and Evidence | Submit completed application with required documents to Copyright Registration Office, Narayanhiti, Kathmandu |
| Step 3 | Examination | Registrar reviews application; may request additional documents if necessary |
| Step 4 | Registration Decision | If satisfactory, Registrar registers the work within 35 days |
| Step 5 | Payment | Pay registration fee of NPR 100 |
| Step 6 | Certificate Issuance | Registrar provides certificate of registration |
Documents Required for Copyright Registration
- Completed application form (downloadable from nepalcopyright.gov.np)
- Citizenship certificate (front and back)
- Power of Attorney (signed, sealed, countersigned by two witnesses)
- Document proving ownership of the work
- Agreement (if any)
- Detailed description of the creation
- Four copies of the work
Online Registration
Copyright can also be registered online through the official website of Nepal Copyright Registrar's Office:
- Register as individual at nepalcopyright.gov.np
- Submit online application form with required documents
- Window period for examination
- Completion of registration
Average Processing Time: Approximately 3 days (statutory limit: 35 days)
Filing Copyright Cases in Nepal
Copyright cases fall under the jurisdiction of the District Court. The procedure follows the Summary Procedures Act 2028, and cases typically do not last more than 90 days.
Limitation Period
A suit for copyright infringement must be filed within three months of knowledge of the infringement (Section 38).
Procedure for Filing Copyright Case
- Gather evidence of infringement
- File FIR with relevant authority
- Investigation by Police Inspector (minimum rank required)
- Seizure of infringing copies and materials
- Destruction of seized materials in presence of District Administration Office and Local Body representatives
- Case registration with District Attorney Office
- Trial in District Court
- Appeal to Appellate Court within 35 days (if unsatisfied with decision)
Powers of Customs Officer (Section 34)
Customs Officers can prevent importation of unauthorized copies:
- Upon application with evidence from any person
- Can hold materials for up to 20 working days (10 days at a time)
- Can act on suspicion even without application
Royalty Collecting Body (Section 39)
The Copyright Act provides for the formation of royalty collecting bodies:
- Generally one body per discipline for fixing, collecting, and distributing royalty
- Must be registered with the Registrar
- Autonomous body corporate with perpetual succession
- Has its own seal for all activities
- Can acquire, use, sell, and dispose of property
- Can sue and be sued in its name
Copyright of Government of Nepal (Section 40)
- Government of Nepal has copyright over works prepared by it
- Government may rent, sell, or authorize use of its copyrighted works
Need Legal Assistance?
Our intellectual property lawyers provide comprehensive services for copyright registration, protection, enforcement, and dispute resolution in Nepal. Whether you're an author, artist, musician, filmmaker, or software developer, we can guide you through safeguarding your creative works. Contact us for professional consultation on copyright matters.
Frequently Asked Questions
Copyright is the legal right granted to creators of original works, giving them exclusive control over reproduction, distribution, and use of their intellectual creations. The Copyright Act 2059 (2002) is Nepal's primary copyright legislation, replacing the earlier Copyright Act 2022 (1965). It consists of 7 Chapters and 43 Sections covering: acquisition and protection of copyright, economic and moral rights of authors, rights of performers, producers, and broadcasters, terms of protection, permissible use without authorization, transfer of copyright, infringement acts, and penalties. The Act aligns with international standards including the Berne Convention and TRIPS Agreement.
Section 2 of the Copyright Act protects any original and intellectual work including:
- Literary works (books, articles, theses, pamphlets)
- Dramatic works (drama, dramatic-music, dumb show)
- Musical works (notations with or without words)
- Audio-visual works (films, cinematographic works)
- Architectural designs
- Artistic works (paintings, sculptures, woodcarvings, lithography)
- Photographic works
- Applied art
- Illustrations, maps, three-dimensional geographical works
- Computer programs
- Translations, adaptations, arrangements, collections presented as original
- Databases readable with or without machine support
- Derivative works based on folk expressions
Section 4 of the Copyright Act explicitly excludes from protection:
- Thoughts, ideas, concepts, principles
- Religious beliefs and teachings
- News and factual information
- Methods of operation
- Court judgments
- Administrative decisions
- Folksongs, folktales, and proverbs in their original traditional form
- General data
These items cannot be copyrighted regardless of how they are expressed, explained, interpreted, or included in any work.
No, copyright registration is not mandatory. Section 5 of the Copyright Act states that registration is not required to acquire copyright protection. Copyright automatically vests in the creator upon creation of an original work. However, voluntary registration is available and recommended because it provides: official documentation of ownership, evidence in disputes or litigation, public record of creation date, and easier enforcement of rights. Registration is done at the Nepal Copyright Registrar's Office.
According to Section 6 of the Copyright Act:
| Situation | Copyright Owner |
|---|---|
| Original work | Author who created the work |
| Joint work | Co-authors jointly; if parts identifiable, each author owns their part |
| Commissioned work | Person/organization who initiated or directed the work |
| Work for remuneration | Person/organization who paid for the work |
| Anonymous work | Publisher, until author reveals identity |
| Audio-visual work | Producer (unless otherwise agreed in contract) |
| Transferred work | Person/organization to whom rights are transferred |
Economic rights (Section 7) are exclusive, transferable rights allowing copyright owners to benefit financially. They include rights to:
- Reproduce the work
- Translate the work
- Revise or amend the work
- Make arrangements and transformations
- Sell, distribute, or rent copies to the public
- Transfer or rent audiovisual works, sound recordings, computer programs
- Import copies of the work
- Have public exhibition
- Perform the work in public
- Broadcast the work
- Communicate the work to the general public
Moral rights (Section 8) protect the personal and reputational connection between authors and their work. They are non-transferable during the author's lifetime and include:
- Attribution: Right to have name mentioned on copies and in public use
- Pseudonym: Right to use and have pseudonym acknowledged
- Integrity: Right to prevent distortion, mutilation, or presentation harming reputation
- Modification: Right to make necessary amendments or revisions
After the author's death, moral rights can transfer to a nominated person/organization or, without nomination, to the nearest heir.
| Type of Work | Duration |
|---|---|
| Original work (single author) | Author's lifetime + 50 years after death |
| Joint work | 50 years from death of last surviving author |
| Commissioned/organizational work | 50 years from first publication or date made public |
| Anonymous/pseudonymous work | 50 years from first publication; if author revealed, lifetime + 50 years |
| Applied art and photographs | 25 years from year of preparation |
| Work published after author's death | 50 years from year of publication |
| Sound recording | 50 years from year of publication |
| Performance | 50 years from incorporation or performance |
| Broadcast | 50 years from year of broadcast |
The Copyright Act allows use without authorization in these circumstances:
- Personal use (not for architectural designs, significant portions of books, or musical notations)
- Citation for fair use (with source and author credited)
- Teaching and learning (small portions for classroom activities)
- Libraries and archives (one copy if original lost, destroyed, or unavailable)
- Public information (news articles, current events, court proceedings)
- Computer program backup (for maintenance or replacing lost/damaged programs)
- Personal importation (one copy for personal purpose)
- Public exhibition (without using film, TV, screens, or electronic devices)
In all cases, economic rights of the author must not be prejudiced.
Section 25 defines infringement as:
- Reproducing, selling, distributing, or communicating copies without authorization or violating license terms
- Advertising by copying another's work to benefit from its reputation
- Creating new work by altering another's work for economic gain
- Adapting work to mislead public into believing it is another work
- Importing, producing, or renting devices to circumvent anti-piracy protection
- Producing or importing equipment for unauthorized broadcast reception
- Importing, selling, or using devices intended solely for copyright infringement
- Knowingly selling, distributing, or renting unauthorized copies
| Violation | Fine | Imprisonment |
|---|---|---|
| First violation | NPR 10,000 to NPR 1,00,000 | Up to 6 months |
| Subsequent violations | NPR 20,000 to NPR 2,00,000 | Up to 1 year |
| Importing unauthorized copies | NPR 10,000 to NPR 1,00,000 | — |
| Other/minor violations | NPR 5,000 to NPR 50,000 | — |
Additional consequences include: seizure of infringing materials and devices, destruction of seized copies, and compensation to copyright owner for losses caused.
Registration process at Nepal Copyright Registrar's Office:
- Prepare application form (download from nepalcopyright.gov.np)
- Gather documents: citizenship certificate, Power of Attorney, ownership proof, work description, four copies of work
- Submit application and documents to Copyright Registration Office, Narayanhiti, Kathmandu
- Registrar examines application (may request additional documents)
- If satisfactory, work registered within 35 days
- Pay registration fee of NPR 100
- Receive certificate of registration
Online registration is also available through the official website. Average processing time is approximately 3 days.
Copyright cases fall under District Court jurisdiction using Summary Procedures Act 2028. The process:
- Gather evidence of infringement
- File FIR within 3 months of knowledge of infringement (limitation period)
- Investigation by Police Inspector (minimum rank)
- Seizure of infringing copies and materials
- Destruction of seized materials (with District Administration and Local Body representatives)
- Case registration with District Attorney Office
- Trial in District Court (typically within 90 days)
- Appeal to Appellate Court within 35 days if unsatisfied
Copyright infringement cases are treated as state cases.
Performers (Section 9): Rights to broadcast/communicate performance, determine reproduction modality, present performance publicly, rent copies, amend/revise performance. Protected for 50 years from incorporation or performance.
Sound Recording Producers (Section 10): Rights to reproduce, import copies, distribute through sale/transfer, rent/lease publicly, make available through wire/wireless equipment. Protected for 50 years from publication.
Broadcasting Organizations (Section 12): Rights to re-broadcast, communicate to public, make fixation, reproduce fixation. Protected for 50 years from broadcast.
All retain moral rights to be identified and protect reputation.
Yes, Section 24 allows copyright transfer through written agreements:
Economic Rights:
- All or any economic rights can be transferred
- Must be through written agreement
- Can authorize use with or without specifying terms
- Transferee can only exercise specific rights transferred
Moral Rights:
- Can only transfer to take effect after author's death
- Must be through written agreement
- Condition: Author's name must not be removed from work
- Non-transferable during author's lifetime
The person receiving transferred rights cannot engage in activities beyond what has been specifically transferred.
