What is Copyright?

1. In Nepal, what does the term “copyright” mean? What safeguards are provided by Nepali copyright law?

Nepal’s copyright provisions are outlined in the Copyright Act, 2059 (2002). Nepal’s copyright law protects the rights of writers, artists, designers, dramatists, musicians, architects, and producers of sound recordings, cinematograph films, and computer software developers.

The rights granted under the ‘collection of rights‘ include the ability to reproduce the work, create derivative works, distribute copies, and publicly perform and display the work. It transfers sole ownership of the subject’s work to the subject’s owner. If a work is copyrighted, it may not be imitated, copied, or reproduced in any other way.

Section 9(5) of The Copyright Act, 2059 (2002) states that the time period for rights holders is fifty years. Copyright can be claimed for the following works: Copyright can be obtained for the following works: music, books, manuscripts, films, fashion designs, training manuals, software, literary work, performance, paintings, and so on.

 Section 5 of Nepal’s Copyright Act, 2059 (2002) does not mandate the registration of compositions or sound recordings. Regardless of the lack of registration under the Copyright Act of 2059 (2002), the author’s bundle of rights is protected. However, registering your creation, composition, or sound recording in accordance with the law protects your rights. Copyright is automatically acquired when you create unique work. The question then becomes, “Why do you need to register it?” Let’s look at an example to see how this works.

2. Let’s go over some of the advantages of registering your work’s copyright

A. Public Record

Copyright registration results in the creation of a public record. It informs the world that your work is copyrighted and allows someone who wants to lease your work and connect with you

B. Create Legal Rights

It allows you to sue and take legal action against someone who violates your copyright, such as selling copies of your work without your approval.

C. Economic Right

It gives you financial gains by allowing you to use your work in a variety of ways, such as making copies, performing in public, broadcasting your work, and so on, and receiving appropriate compensation for it. As a result, it serves as a reward for your creativity. It enables you to sell or transfer the rights to your work.

D. Evidence in Court

It enables you to obtain legal proof of your ownership. So, if someone forbids you from using your work, you can simply use your copyright to demonstrate that it is your work and that you have the right to use it.

The Copyright Act, 2059 (2002) governs copyright issues in Nepal. It safeguards the copyright holder’s economic, legal, and social preferences. The Act grants the owner exclusive rights in the following areas:

E. Replication Rights

The Copyright Act states that no one may make copies or reproduce a protected work, in whole or in part, without the permission of the copyright owner. As a result, copying a song, any sound, or any type of video recording in a recording device is barred.

The Copyright Act states that no one may make copies of or replicate copyright protection, in whole or in part, without permission from the copyright owner. As a result, it prohibits copying a song, any sound, or any type of video recording on a recording device.

F. Adaptation Rights

The Copyright Act grants the creator sole right to use his work in any way he sees fit. He /she has the ability to create any derivatives of his original work. He can also create a new work in a different format based on his previous work. The following actions are defined as “adaptation” under the Copyright Act.

 The Copyright Act grants the creator exclusive rights to use his work in any way he sees fit. He has the ability to create any derivatives of his original work. He can also create a new work in a different format based on his previous work.

The Copyright Act specifies “adaptation” as the following actions: Films, plays, dramatic works, or choreographic performances are transformed into literary or non-dramatic works such as novels, poems, and books. Making dramatic adaptations of artistic and literary works such as photography, sculpture, drawings, and paintings.

F. Right to Communicate with the General Public

The Act grants copyright holders exclusive rights to broadcast their original work to the public. They can accomplish this through wireless diffusion of visual images or signs in any form.

G. The Right to Perform in Public

The Act grants the exclusive right to perform artistic and musical works in public to the owners of such works. A public performance of any of an actor’s plays is permitted. A musician can perform in front of a large audience with his original music. Likewise, artists can broadcast their stage performances on any platform of their choice.

H. Integrity and Paternity Rights

The Copyright Act confers on original work creators the moral rights of integrity and morality. The right of attribution or paternity implies that the owner/creator has the exclusive right to his work. In other words, he can claim credit for it.

Anyone who wishes to adopt or replicate the original work must give credit to the author. Otherwise, the author will be able to submit a legal suit against the ‘unregistered’ creator. For example, before making a film based on a book, the filmmaker must acknowledge or credit the author.

• The right of integrity offers the copyright holder a distinct type of protection. If someone mutilates, modifies, or distorts the original work of the copyright holder, the copyright holder can sue that person for damages. This is done under the guise that the creator and his original creation have suffered as a result of such an act.

I. Distribution Authority

The Copyright Act grants the copyright holder the exclusive right to distribute his work in any format he chooses (through lending or renting, selling, reproducing, leasing,). He can also shift certain rights to another person in order for them to use the copyright if he so desires.

In the event of a violation of the aforementioned rights, who can file a lawsuit?

A copyright claimant is any person or organization who has obtained ownership rights from the author through a written contract, will, or other means.

Anyone who is authorized to act on behalf of the author, the copyright claimant or the owner of a sole right is known as an authorized agent. It should also be noted that there is no age limit for obtaining copyright, and minors are also eligible to register a copyright.

This is due to the fact that copyright law recognizes creative ability and recognizes that age should not be a barrier to innovation. Furthermore, unless the creators have agreed otherwise if the work was created by two or more people, the creators are co-owners.

f you need such legal assistance, please contact us at +977-9849517735 or info@corporatelawyernepal.com.np