Protection of copyright:

Registration of Copyright is not mandatory in Nepal, any work is protectable under the Copyright Act 2059 B.S., however, registration of copyright will be fruitful to proof of copyright against the possible infringement, piracy in future. Due to the registration of copyright, it is sufficient to enter into any licensing, agreement with others in order to full enjoy of exclusive right of copyright.

Protectable subject matter:

Literary- Book, pamphlet, article, thesis, lectures, computer programmes etc.
Artistic- Architectural design, photography, painting, sculpture, woodcarving, lithography, work of applied art, illustration, map, plan etc.
Musical- Musical notation with or without words, sound recording etc.
Dramatic- Drama, dramatic music, dumb show, performance etc.

Non- protectable subject matter:

Any thought, religion, news, method of operation, concept, principle, court judgment, administrative decision, folksong, folktale, proverb and general data despite the fact that such matters are expressed or explained or interpreted or included in any work.

Time frame for filing to registration of Copyright:

Normally 5 to 35 days

Registration Procedure:

Any owner of the work, sound recording, performance or broadcasting who desires to register any work, sound recording, performance or broadcasting shall have to submit an application to the Registrar in the prescribed format with specified his/her evidence. Upon receipt of application, Registrar shall examine it and shall order the applicant, if required, to submit additional documents. The Registrar shall thoroughly examine whether

1. The fixation of material/permanent form of work, if there is no fixation, no copyright. In order to protect the work under copyright law, idea should be in physical form or tangible form.
2. The work is original or not, the degree of originality required for copyright protection is minimal, the emphasis is more on the labour, skill and judgment and capital expended in producing the work. Thus originality doesn’t mean first, it means independently created.

If the Registrar is satisfied on those grounds, he/she shall register such a work, sound recording, performance or broadcasting in the applicant’s name on the basis of submitted documents.

Registration Duration:

Generally Life + 50 years

Filing requirements for Copyright Registration in Nepal

1. Application form
2. Power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant/company.
3. A document which approval ownership of such work.
4. An agreement (if any)
5. Detail description of the creation
6. Four copies of the work

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