| Limitation: In cases where any right under the Copyright Act 2059 is infringed | Section 38. Limitation: In cases where any right under this Act is infringed, a case has to be filed within three months of the knowledge of such infringement. | Comments | Active | measures | Goods |
| Public exhibition of any work or copy of the work | Section 23. Public exhibition allowed: Notwithstanding anything contained in clauses (h) of Section 7, in cases where any person intends to have public display of any work or copy of the work, he may do so without authorization of its author or copyright owner. Provided, however, that such public display has to be made without the help of film, slide, television image or otherwise using the screen or device of other kind. | Comments | Active | measures | Goods |
| Restriction on the importation of unauthorized copies | Section 26. Restriction on the importation of unauthorised copies: Importation of copies of work or sound recording, either made in a foreign country or sourced otherwise, into Nepal for business purpose shall not be permitted if preparation of such copies would be considered illegal if they were prepared in Nepal. | Comments | Active | measures | Goods |
| Protection of copyright | Section 3. Protection of copyright: (1) Copyright protection shall be extended to any work. (2) Any translation, arrangement, sequential arrangement of work or collection of works presented as original from viewpoint of presentation, collection or expression, data or database readable with or without support of machine, any proverb, folktale, folk song falling under folk expression or any other derivate works based on folk expression shall be protected as original work, without prejudice to the copyright of the original work. | Comments | Active | measures | Goods |
| Non-availability of copyright protection | Section 4. Non-availability of copyright protection: Notwithstanding anything contained in Section 3, copyright protection under this Act shall not be extended to 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. | Comments | Active | measures | Goods |
| Registration not compulsory | Section 5. Registration not compulsory: (1) Registration of a work, sound recording, performance or broadcasting shall not be required to acquire the right under this Act. (2) Notwithstanding anything contained in sub-section (1), in cases where any person intends to get any work, sound recording, performance or broadcasting registered voluntarily, that person may make an application to the Registrar and get the same registered; and the procedures on registration shall be as prescribed. | Comments | Active | measures | Goods |
| Owner of economic right of work (copyrighted) | Section 6. Owner of economic right of work (copyrighted): (1) The author of a work shall be the first owner of the economic right of that work. (2) Notwithstanding anything contained in Sub-section (1), the economic right of a work shall vest in the following person or organization in the following circumstances:- (a) Co-author in the case of a joint work; Provided, however, that where such a joint work is divided in different parts and each part can be identified as of different authors and the work can be used separately, the economic right shall vest in the concerned author in respect of each part created by that author. (b) In cases where a joint work is prepared at the initiation or direction of any person or organisation, that person or organisation at whose direction or initiation such a work has been so prepared, (c) In case where a work is prepared on payment of remuneration by any person or organisation, that person or organisation who has paid such remuneration, (d) In the case of an anonymous work, the publisher of that work, until the authorship of such a work is proved. Provided, however, that in cases where the real author of such a work presents his/her identity subsequently, the economic right of that work shall vest in that author from the date of presentation of his/her identity.(e) In the case of an audio-visual work, the producer of such a work except as otherwise provided for in the contract. Provided, however, that in case where the work of the co-author of an audio-visual work or a pre-existing work is incorporated or adapted in making the audio-visual work, their economic right shall be according to their respective contribution. | Comments | Active | measures | Goods |
| Economic Right of copyright owner | Section 7. Economic Right of copyright owner: Subject to provisions of Chapter-4, only the author or the owner of copyright shall have the exclusive right to carry out the following acts in respect of the work: (a) To reproduce the work, (b) To translate the work, (c) To revise or amend the work, (d) To make arrangement and other transformation in the work, (e) To sell, distribute or rent the original and copy of the work for the general public, (f) To transfer or rent the right of audiovisual work, work embodied in sound recording, computer program or musical work in graphic form conferred to that author or owner, (g) To import copies of the work, (h) To have public exhibition of the original or copy of the work, (i) To perform the work in public, (j) To broadcast the work, (k) To communicate the work to the general public | Comments | Active | measures | Goods |
| Moral right of copyright owner | Section 8. Moral right of copyright owner: (1) The author of a work shall have the following moral rights, irrespective of whether that author has the economic right to that work: (a) To get his/her name mentioned in copies of the work or in his/her work where it is used publicly, (b) In cases where, instead of his/her real name, a pseudonym is mentioned in his work, then to get that pseudonym mentioned while using such a work publicly, (c) To prevent such acts as undermining the reputation or goodwill earned by him/her, by mutilating his/her work or presenting it in a distorting manner, (d) To make necessary amendment or revision in the work. (2) The right referred to in sub-section (1) shall not be transferable during the life of the author. Provided, however, that where the author has nominated any one whom such right is to be transferred after the death of the author, such right shall devolve on the person or organisation so nominated, and on the nearest heir, failing such nomination. | Comments | Active | measures | Goods |
| Right of sound recording producer | Section 10 Right of sound recording producer: (1) The sound recording producer shall have the following rights:- (a) To reproduce the sound recording, directly or indirectly, in any manner or in any form, (b) To import copies of the sound recording, (c) To make the sound recording easily available by way of sale or ownership transfer or otherwise of the original or copies of the sound recording, (d) To rent or lease the sound recording publicly, (e) To make the sound recording capable of being heard with wire or wireless equipment from any specific place or from the place of one's own choice or by the general public. (2) The term of the right referred to in sub-section (1) shall be of fifty years from the year of publication of such a sound recording. | Comments | Active | measures | Goods |
| Reasonable remuneration for the use of sound recording | Section 11. Reasonable remuneration for the use of sound recording: (1) In cases where a sound recording published for commercial purpose or a reproduced copy of such sound recording is directly used for broadcasting or other communications and is so performed to the people publicly, the producer shall get a reasonable remuneration from the user of the same. (2) The performer shall get the remuneration as per the agreement, in any, made between the performer and the producer on the remuneration referred to in Sub-section (1), and half the amount received by the producer where no such agreement is made. | Comments | Active | measures | Goods |
| Right of broadcasting organization | Section 12. Right of broadcasting organisation: (1) The broadcasting organisation shall have the right to carry out the following act:- (a) To re-broadcast the subject it has broadcast, (b) To so communicate its broadcast as to make it easily available to the general public, (c) To make adjustment of its own broadcast, (d) To reproduce the adjustment of its broadcast. (2) The term of the right referred to in sub-section (1) shall be for fifty years from the year of commencement of such broadcast. | Comments | Active | measures | Goods |
| Reproduction allowed for personal purpose | Section 16. Reproduction allowed for personal purpose: (1) Notwithstanding anything contained in Clause (a) of Section 7, no authorization shall be required from the author or the copyright owner to reproduce some portions of any published work for personal use. (2) Notwithstanding anything contained in Sub-section (1), no reproduction of an architectural design erected as a building and other construction related design or a significant portion of any book or of a musical work as notation of all or significant portion of a database through digital transmission shall be allowed in a manner to be prejudicial to the economic right of the author or the copyright owner. | Comments | Active | measures | Goods |
| Citation of copyrighted work allowed | Section 17. Citation allowed: Notwithstanding anything contained in Clause (a) of Section 7, some portions of a published work can be cited for fair use without authorization of the author or the copyright owner in a manner not to be prejudicial to the economic right of such author or owner. In making such citation, its source and the author' name, in cases where it appears, shall also be mentioned. | Comments | Active | measures | Goods |
| Reproduction allowed for teaching and learning | Section 18. Reproduction allowed for teaching and learning: (1) Notwithstanding anything contained in Clause (a) of Section 7, the following acts may be done for teaching and learning activities without authorization of the author or the copyright owner in a manner not to be prejudicial to the economic right of such author or owner:- (a) To reproduce a small portion of any published work by way of citation, writing or audio-visual aid, (b) To reproduce, broadcast and exhibit some portions of the work for purposes of educational activities to be performed in the classroom. (2) All copies reproduced pursuant to Sub-section (1) have to indicate the source and the author's name | Comments | Active | measures | Goods |
| Reproduction, broadcast and other communication allowed for purposes of information to the general public | Section 20. Reproduction, broadcast and other communication allowed for purposes of information to the general public: (1) Notwithstanding anything contained in clauses (a), (i) and (j) of Section 7, the following acts can be done, by mentioning the sources and name of the author of any work, without authorization of the author or the copyright owner of such work. (a) To print in any newspaper or journal or to make broadcast or other communication to public of any article, article under political or religious topics or similar other broadcasts published in any newspaper or journal. Provided, however, that such act shall not be prejudicial to the economic right of the author or the copyright owner. (b) To reproduce, broadcast or otherwise communicate or justify any event with a view to informing the general public about any current event. (c) To reproduce, broadcast or to make communication to public some portions of any regular newspaper or journal regularly publishing information for communication to the general public or pleadings made on court proceedings with a view to disseminating current information. (2) Notwithstanding anything contained in Sub-section (1), in caseswhere the author himself/herself has indicated that his/her work is prohibited from being reproduced, broadcast and other kinds of communications, no reproduction, broadcasting and other communication shall be allowed | Comments | Active | measures | Goods |
| Reproduction of computer program | Section 21. Reproduction of computer program: Notwithstanding anything contained in Clauses (a) and (c) of Section 7, in cases where the objectives for which a computer program was acquired could not be achieved or with a view to maintaining records or where the computer program acquired legally is lost or destroyed or is incapable of being used, one copy of the computer program can be reproduced without authorisation of its author or copyright owner. | Comments | Active | measures | Goods |
| Importation one copy of any work for personal purposes is allowed without authorisation of its author or copyright owner. | Section 22. Importation allowed for personal purposes: Notwithstanding anything contained in Clauses (g) of Section 7, one copy of any work can be imported for personal purpose, without authorization of its author or copyright owner. | Comments | Active | measures | Goods |
| Transfer of Copyright | Section 24. Transfer of Copyright: (1) The copyright owner may transfer all or any of the economic rights conferred on him/her to any one by making a written agreement or authorize any one to use the same with or without specifying any terms. (2) The person entitled to moral rights may, for the protection of moral rights, transfer his moral rights to any one, with effect after his/her death, by making a written agreement, with the terms and conditions that his/her name shall not be removed from the work.(3) The person to whom the rights are transferred by the copyright owner pursuant to this Section shall not carry out any other activities except the rights so transferred. | Comments | Active | measures | Goods |
| Infringement of protected right | Section 25. Infringement of protected right: (1) Any one who carries out the following act shall be considered to have infringed the right protected under this Act:- (a) To reproduce copies of a work or sound recording and sell and distribute them or publicly communicate or rent them with commercial or any other motive with or without deriving economic benefits without authorization of the author or the copyright owner or by infringing the terms contained in the agreement or license notwithstanding that such authorization has been obtained, (b) To do advertisement or publicize by copying a work belonging to another person with a motive of taking advantage of the reputation gained by that work, (c) To make work of another subject or nature by changing the form and language of a work belonging to another person with a motive of deriving economic benefit, (d) To make an attempt to take benefit by adapting any work directly or indirectly with intention of making the viewer, listener or reader believe it to be another work through advertisement or by any other means, (e) To import, produce or rent any equipment or device prepared with intention of circumventing any device designed to discourage the unauthorized reproduction, (f) To produce or import, with intent to sell, any equipment facilitating unauthorized reception of a program broadcast by encrypting it in a code language, g) To import, sell, distribute and use a mechanical device prepared with a sole object of infringing the copyright, except those mentioned in Clauses (e) and (f). (2) No one shall, with knowledge of publication of any work or sound recording or where there is adequate ground to believe it, sell and distribute and rent copies of work or sound recording so published, in contravention of subsection (1). | Comments | Active | measures | Goods |
| Punishment on infringement of protected right | Section 27. Punishment on infringement of protected right: (1) In cases where any person infringes Section 25, such a person shall be punished with a fine of a sum from ten thousand to one hundred thousand rupees or with imprisonment for a term not exceeding six months or both and with a fine of a sum from twenty thousand to two hundred thousand rupees or with imprisonment for a term not exceeding one year or with both for each instance from the second time. The materials so published or reproduced or distributed or devices used to reproduce such materials shall be seized. (2) Compensation for the loss caused to the copyright owner by the infringer of the protected right shall also be realized and provided to the copyright owner. | Comments | Active | measures | Goods |
| Punishment for importation of unauthorized copy | Section 28. Punishment for importation of unauthorized copy: In cases where any person imports unauthorized copies of any work in violation of Section 26, such a person shall be punished with a fine of a sum from ten thousand to one hundred thousand rupees according to the gravity of the offense, and such copies shall be seized; and compensation for the loss caused to the copyright owner from such importation shall also be realized from the importer and provided to the copyright owner | Comments | Active | measures | Goods |
| punishment for infringing infringes any other matter | Section 29. Other punishment: In cases where any person infringes any other matter contained in this Act or the Rules framed under this Act, such a person shall be punished with a fine of a sum from five thousand to fifty thousand rupees according to the gravity of the offense. | Comments | Active | measures | Goods |
| punishment for infringing any other matter | Section 29. Other punishment: In cases where any person infringes any other matter contained in this Act or the Rules framed under this Act, such a person shall be punished with a fine of a sum from five thousand to fifty thousand rupees according to the gravity of the offense. | Comments | Active | measures | Goods |
| Restriction on the production, sale and distribution of liquor | Section 4A : Restriction on the production, sale and distribution of liquor: (1) No person shall produce, sell and distribute liquor in a plastic pouch. (2) No person shall sell and distribute liquor to a person who has not completed the age of eighteen years. (3) No person who has not completed the age of eighteen years shall sell and distribute liquor. | Comments | Active | measures | Goods |