In compliance with the Copyright Act, 2059 (2002), the Nepal Copyrights Registrar Office officially opened its doors on April 29, 2004, to register copyrights in Nepal.
The responsibility for registering copyrights, the different agencies that distribute royalties, and settling any conflicts that may arise falls on the Nepal Copyright Registrar Office.
Understanding what kinds of publications, works, and sound recordings can be protected by copyright is essential before registering the copyright. Original works in the following areas are eligible for copyright protection in Nepal: musical works, literary works, and visual works. Examples of literary works include books, manuscripts, and cinematic works.
DOCUMENTS REQUIRED FOR COPYRIGHT REGISTRATION IN NEPAL
- It is necessary to send three copies of any composition, sound recording, presentation, or broadcast that will be used (visual aids and computer programmes must be submitted in digital format as part of the registration process).
- copies of the work if it has already been published; two manuscript copies if it hasn’t;
- Both the attorney and the party must sign a specific power of attorney, or vakalatnama, if an attorney is filing the application.
- authorization to work in the event that the applicant does not finish the task;
- information about the work’s title and language;
- Name, residence, and nationality are all required pieces of information, and the applicant must also give his phone number and email address.
- a document containing the author’s name, residence, nationality, and, if the author is deceased, the date of death; if the applicant is not the author;
- If the work is going to be utilised on a product, a trademark office no-objection certificate is necessary.
- If the applicant is not the author, a letter of no objection from the author is necessary. The author’s consent can also be necessary in this situation.
- A no-objection statement from the individual whose image appears in the work is necessary.
- If the publisher is not the applicant, a no-objection certificate from the publisher is necessary.
- If the work has been published, mention the year and place of the initial release.
- information about the country and year that a publication was first released; 15. Software that is covered by a copyright must have both the source code and the object code.
- a duplicate of the citizenship certificate of the registered copyright holder
- Copyright, appropriate output, and authorised product creation
- a duplicate of the contract, which includes lease agreements as well as agreements for replication, sale, and distribution.
- Transfer of copyright-related economic rights; a copy of the usage agreement; or a deed paper
- Create a copy of the documents.
- documents that substantiate the claim
- submitting a composition or officially licenced works for registration.
- If you belong to a public organisation, kindly submit the supporting documentation from that organisation.
- Proof of composition, presentation, or broadcasting ownership.
Procedure of Filing Copyright in Nepal
Step 1: Submit an application to the copyright registrar’s office. Rule 4 of the Copyright Regulation 2004 mandates the submission of an application to the Nepal Copyright Registrar Office. the creator of the work, the person whose copyright claim pertains to it, the holder of an exclusive right to use the work, or an authorised representative).
For each work to be registered, a new application must be submitted to the registrar along with the work’s specifics. The first schedule to the Copyright Regulation of 2004 specifies the format in which the registration application must be submitted.
A different application must be submitted if more information is needed.
Applications must be signed by the applicant. If relevant, a Power of Attorney form that has been signed by both the party and the attorney should be provided.
Step 2: Examination
The next step is to review the copyright application. After the dairy number is given out, there is a waiting period of at least 35 days. The examiner for copyright is currently at work.
The waiting period exists so that objections can surface and be taken into account. Here, the process is divided into two steps:
The examiner continues to analyse and carefully inspect the application for any errors in the absence of any objections.
In the absence of registration, the application is evaluated by the examiners if no objections are lodged. The applicant is often given time to make any inconsistencies right if they are found.
Step 3: Copyright Registration
Registration is the last step,at this time, the registrar could request more paperwork. When the applicant’s copyright claim is fully approved by the Registrar of Copyrights, that person will record the copyright information in the register of copyrights and issue a certificate of registration.
You must wait 30 days after filing your application and getting your Registration number to make sure no objections have been lodged in the Copyright office against your claim. After hearing from both sides in the case of an objection, the Registrar of Copyrights may decide whether or not to register the work.
Step 4: Registration Certificate
Certificates are official records or written guarantees that express an established truth and are frequently used as evidence in court for specific purposes. Certificates frequently repeat themselves because they only employ generic language or conventional formats.
Certificates fall within a category of works in which the creative mind is either completely absent or so minimal as to be nearly nonexistent, making them not regarded copyrightable subject matter.