Copyright Infringement

Copyright refers to a set of rights typically granted to the creator of an original work of authorship, such as a literary work, music, film, or software.The copyright holder, or the creator of the original work, has the right to his or her work; he or she can transfer his or her rights to others or retain full control over his or her work by not granting anyone the right to copy or produce his or her work.

1. What Exactly Is Copyright Infringement?

Article 25 of the Copyright Act, 2059 (2002) provides for infringement of copyright on the seven grounds listed below. It usually involves someone unauthorizedly using another person’s original creative work or a copyrighted work.

A. The use or production of copyright – Protected material without the permission of the copyright holder is referred to as “without obtaining permission.” Without the permission of the copyright holder, a person performs any act that only the copyright holder is authorized to perform.

B. Reaping the benefits: To advertise or publicize by copying the work of another person with the intent of profiting from the reputation earned by that work.

C. Plagiarism: It occurs when someone copies copyrighted material and claims it as his original work. People may cite or relate to the work, but the person using the copyrighted work must give the credit to the copyright holder. To create work of a different subject or nature by altering the form and language of another person’s work for the purpose of gaining financial advantage.

D. Publicize – To attempt to gain advantage by explicitly or implicitly modifying any work with the intent of convincing the viewer, listener, or reader that it is another work through ad campaign or any other means.

E Sourcing the infringed work – Acquiring the infringed work of the copyright holder in Nepal is also a form of copyright infringement. However, if the infringed work was obtained for domestic or personal use, it does not constitute Copyright Infringement. Procuring, production, or leasing any equipment or device designed to curb any device intended to deter unauthorized reproduction,

F. Intercepting a program broadcast in a code language – Production or importing with the intent to sell any devices enabling illegitimate reception of a program broadcast in a code language.

2. How Do I Report and Respond to Copyright Infringement?

• If a person is found to have violated a copyright, it is considered a criminal offense in Nepal. The creator, creator, owner, or holder of the copyrighted material may report to the police and follow the procedures outlined below.

• File a FIR (First Information Received) with the police department: If anyone is found to have committed a crime involving copyright infringement, a complaint should be filed with a nearby police station. The FIR should include detailed information about the individual who infringes the copyright, such as his or her name, details about his or her parents, and how the copyright infringement occurred, as well as monetary damages (that is, monetary compensation) for any actual harm that occurred as a direct result of the infringement. It should also include the total damage caused.

• Begin the Investigation: Once the FIR has been filed with the police department, the investigation will be carried out by the police officer holding the position of Police Inspector. The investigation begins with determining whether significant identity theft of the copyright while copying the product must be ruled out and investigated.

• Remain at the Detention Center: The individual who has committed copyright infringement is taken into custody by police and an investigation is launched. The police obtain testimony by detaining the individual for up to 25 days. During the investigation, products that violate copyright are confiscated.

• The charge sheet is filed with the district court: After an investigation, if the police discover that the crime was committed for the first time, he or she will be charged with violation of protection rights and, depending on the gravity of the crime, a penalty of NPR 10,000 to NPR 1,00000 (one lakh) or imprisonment for 6 months, or both, will be imposed. The commission of crime for the second time leads to penalties of twenty thousand for each repetition or imprisonment for a year or both is claimed in the charge sheet. In the charge sheet, the commission of a crime for the second time carries a penalty of NPR 20,000 or a year in prison, or both.

• Hearing on Bail and Sentence: Once the charge sheet is filed with the court, the arguments are presented to the judge, and a decision is made on whether to grant bail or imprison for the crime. The bail amount is determined by the court after an examination of the degree of copyright infringement found to have occurred After. After paying the decided bail amount, the opponent may be released on bail. Nepal’s government is complicit in the crime. Government of Nepal is party to the crime. In countries such as India and others, copyright infringement is prosecuted as a civil liability in court. However, in Nepal, copyright infringement is considered a criminal act, and appropriate penalties are imposed.

• Punishment: Individuals who commit copyright infringement in Nepal face two types of punishment.
  • First offense: If a person is found to have committed a copyright infringement act for the first time, he or she is subject to fines ranging from NPR10,000 to NPR 100,000, or six months in prison.
  • Second offense: If a person is found to have committed a copyright infringement act for the second time, he or she faces fines of up to two lakh rupees or imprisonment for a year, or both.

• Time Limitation: The complaint must be filed within three months of becoming aware of the copyright infringement act.

• Evidence: In order to establish ownership of a valid copyright, a plaintiff (the government) must show that the work is original and that it is legally protected. The plaintiff must demonstrate that the defendant infringed on their exclusive rights to the copied work. Several other situations, such as displaying a copyrighted photograph, broadcasting a copyrighted video, or performing a copyrighted play without authorization, are relatively simple to establish. Establishing infringement can be far more difficult in situations involving unauthorized copying of a copyrighted work or illegitimate creation of a particular form.

• Circumstantial evidence: Circumstantial evidence can help a plaintiff prove that the defendant plagiarized their work. The plaintiff can demonstrate “substantial similarity” between the copyrighted work and the defendant’s work, as well as evidence that the defendant saw or had access to the copyrighted work before developing their work. It can aid in proving that the defendant used the copied work. The plaintiff must demonstrate a “remarkable resemblance” between the two works in the absence of evidence that the defendant had access to the work.

• Means rea: The Defendant Acted Willfully in this context, an “intentional” act implies that a person acted deliberately in a way that violated the law. The defendant willfully infringed on the plaintiff’s copyright.

• Defendant’s Defense/Fair Use: Section 18 of the Copyright Act, 2059 (2002) provides for fair use in the context of research. materials believed to be effective to society,

conclusion

To conclude, the purpose of copyright is to safeguard the creator’s rights while also creating benefits and financial advantages to the creator. The ambit of copyright includes literary or artistic works that require creativity, as well as databases and computer programs. Although registration of a work is not required to be eligible for copyright, it is often recommended because it serves as evidence in court. In Nepal, copyright infringement is classified as a criminal offense. It has prevented the act of copyright infringement, but the individual has no access to justice. Placing the act of copyright infringement under civil liability will allow the individual to seek compensation. Since the police do not investigate acts of indirect copyright infringement, this has occurred as a result of the state investigating such acts and assuming it is a criminal act.

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