1. Why should one have their work protected by copyright?
It is not required to obtain copyright protection, but it is still recommended since it provides the owner with a certain set of minimum rights over his work as well as the assurance that no one will be able to copy his work for a specified period of time. This sense of accomplishment will always drive the owner to do more work and produce more products.
2. Is copyright applicable to titles or names?
Titles, names, short combinations of words, slogans, short sentences, strategies, plots, or factual data are not normally protected by copyright, nor are ideas or notions. Only original literary work is granted copyright.
3. Is it necessary to register a trademark or a copyright? What is the distinction?
A trademark is a symbol that is used to protect the name, logo, or slogan of a company. Copyright, on the other hand, is a type of protection given to one-of-a-kind content such as a book, music, videos, songs, and creative work.
4. Is there any protection if someone else copies my content after I apply for a copyright?
Without a doubt. You must immediately send a legal notice, and if the problem is not resolved, you may report it to the police against such person. In Nepal, it is considered a criminal act
5. What if someone claims that I infringed on their work?
In such a case, the third party will send you a legal notice claiming that you copied or reproduced their registered work. Prime legal can assist you in responding to the legal notice and in the subsequent litigation process.
6. How long does a copyright registration last?
The copyright is valid for 50 years. If it is a literary, dramatic, musical, or artistic work, the 50-year period begins the year after the author’s death. The 50-year period begins with the date of publication for cinematograph films, audio recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and works of international organizations
7. Is copyright only applicable in Nepal, or does it apply globally?
Even though Nepal is a signatory to the Berne Convention, copyright registered in India will be considered foreign work, and protection will be extended to countries that are also signatories to the Berne Convention.
8. Is it legal for me to sell or transfer my copyright registration?
With the permission of the work’s proprietor, a copyright registration may be sold, transferred, gifted, or franchised.
9. What is the legal standing of a copyright holder?
A copyright holder has the right to translate, reproduce, and modify the creative work; the right to be credited for it; and the right to decide who can readjust the work to other forms and profit financially from it.
10. How do I protect my website’s intellectual property?
A website cannot be copyrighted in a single application; rather, you must copyright the entire website because it is made up of a variety components, such as the content, which is considered literary work, the source code and object code of the website, which is also considered literary work, the pictures, and artistic works, which are regarded separate works, and thus, individual copyright applications must be filed for such different components of the website
11. How long does it take to register a copyright?
Given the numerous factors, including objections, the entire process could take up to 6-8 months.
12. Is copyright applicable in the case of mobile applications?
A mobile application cannot be copyrighted in and of itself; nevertheless, related to a website, the coding can be copyrighted as literary work, and other components can be submitted as separate copyright applications.
13. Should I publish my work in order to register for copyright?
Both published and unpublished works can be registered. If a work has been published, the details of the publication must be included with the application.
14. Is it possible to register a copyright anywhere in Nepal?
If a person wishes to have a work, sound recording, performance, or broadcasting registered on a voluntary basis, he or she may make an application to the Registrar and have it registered; the registration procedures shall be as prescribed. The Copyright headquarters are in Kathmandu.
15. Is it possible that my copyright work will be rejected?
Yes, the application will be abandoned if the inconsistency is not resolved within the specified time frame.
16. How to Register a Copyright in Nepal
The question is which works are eligible for Copyright registration. A large number of works created by an author can be registered as Copyright works. Some instances might be:
Literary Work: Books, articles, magazines, tables, and compilations are examples of literary work. The applicant must submit the work in the form of a printed book or a CD containing the entire book in one file.
Dramatic work: This is the script for a play. The work is to be filed in the form of a printed book or a CD containing the entire script.
Artistic Work: Paintings, drawings, architectural works, photographs, maps, and plans are examples of artistic work. The applicant must submit the artwork in either printed form or on a CD.
Musical Work: These are the musical notations for the work. It excludes any song sung by any person. A CD must be submitted by the applicant.
Sound Recording: These are musical works and lyrics that have been recorded. A CD must be submitted by the applicant.
Cinematographic work: This refers to any audio-visual work. The applicant must submit a CD.
Software: These are the instructions for running a system or an application. A CD must be submitted by the applicant.
17. Is copyright endlessly protected? How long does a copyright registration last?
No, the copyright is not indefinitely protected. The general rule is that copyright is valid for a period of 50 years. In the case of original literary, dramatic, musical, and artistic works, the 60-year period begins the year after the author’s death.
The 50-year period begins with the date of publication for cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and works of international organizations.
18. Why is registering a work required in order to claim copyright over it?
The primary objective of copyright law is to encourage creators to create original works by granting them exclusive rights to the work for a set period of time. The exclusive right of the author is a negative right that prohibits others from reproducing or replicating the copyright material.
f you need such legal assistance, please contact us at +977-9849517735 or info@corporatelawyernepal.com.np
Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.
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