Copyright Rules, 2061 (2004)

Copyright Rules, 2061 (2004)

In exercise the power conferred by Section 42 of Copyright Act, 2002,
Government of Nepal has framed the following Rules:

1. Short Title and Commencement:

(1) These Rules may be referred as “Copyright Rules, (2061) 2004”
(2) These Rules shall come into force immediately.

2. Definitions: Unless the subject or context otherwise requires, in these Rules,-
(a) “Act” means Copyright Act, 2002.
(b) “Body” means Royalty collecting body formed under rule 6.

3. Provision concerning Registration of work, sound recording, performance or
broadcasting:

(1) Any owner of the work, sound recording, performance or broadcasting who desires to register any work, sound recording, performance or broadcasting under Sub-section (2) of Section 5 of the Act shall have to submit an
application to the Registrar in the format as specified in Schedule-1 along with evidence.
(2) If an application is received under Sub-rule (1), the Registrar shall examine it and shall order the applicant, if required, to submit additional documents,
(3) The registrar shall, if it deemed reasonable to register such a work,  sound recording, performance or broadcasting in applicant’s name on the basis of  the documents asked under rule (2), register such a work, sound recording, performance or broadcasting in the applicant’s name within thirty-five days from the date on which documents were submitted, if documents were asked, and from the date on which an application was submitted, if documents were not asked, having charged one hundred rupees as application fee and shall issue a certificate
of registration of such a work, sound recording, performance or broadcasting in the format as specified in Schedule-2, to the applicant.
(4) The Registrar shall, while examining the documents ordered under Sub- rule (3), if it is deemed unreasonable to register such a work, sound recording, performance or broadcasting in applicant’s name, inform the applicant specifying the reasons thereof within seven days.
(5) The Registrar shall arrange a registered book for the purpose of registration of the work, sound recording, performance or broadcasting under Sub- rule (3),

4. To Correct the particulars:

(1) If anything requires to correct in the particulars under Rule (3), the author or owner of the sound recording, performance or broadcasting shall have to submit an application to the Registrar specifying the
reason thereof.
(2) While examining the application received under Sub-rule (1), the Registrar shall, if it deemed reasonable to correct the particulars, correct the particulars in the registered book and give the information thereof to the applicant.

5. Functions, Duties and powers of the Registrar:

Functions, duties and powers of the Registrar, except those provided for in the Act, shall be as follows:
(a) To perform necessary work in regard to protect copyrights, (b) To register copyright and maintain the details thereof up-to-date.
(c) To inspect the Body on the spot and if any weaknesses are found in the business to be performed by such a body, to give direction to improve the same.

6. Formation of the Body:

(1) For the purpose of Section 39 of the Act, a Royalty Collection Body, may be generally formed in one discipline consisting at least  seven members including author and owner of the sound recording, performance
or broadcasting.
(2) While forming a Body under Sub-rule (1) there shall be at least fifty general members.

7. Application to submit for Registration of the Body:

The persons interested  register a Body shall submit an application to the Registrar in the format as  specified in the schedule specifying the following particulars:
(a) Name and address of the Body,
(b) Objectives of the Body,
(c) Necessary qualification of the members of the Body and provision  concerning membership fees.
(d) Provision concerning resignation and expulsion of the members of the  Body.
(e) Provision regarding general meeting of the Body.
(f) Formation of the executive committee of the body and provision  concerning election.
(g) Procedure regarding the meeting of the executive committee of the Body.
(h) Fund of the Body and provision concerning income and expenditure and  audit.
(i) The amount expendable for administrative and managerial activities of the  Body,
(j) Collection of the royalty of the body and provision for distribution.
(k) Provision concerning complaint of the Body,
(l) Procedures for amendment of the statute of the Body, (m) Other necessary matters.

8. To issue Certificate of Registration of the Body:

(1) If any application for registration of a body is submitted under Rule 7, the Registrar shall, if it is found
reasonable to register such a body, while conducting necessary examination in this regard, issue a certificate of registration of such a body in the format as specified n Schedule-4 within a period of Ninety days from the date on which an application is submitted upon charging Five Thousand Rupee as application fees.
(2) If it is found unreasonable to register such a body in the applicants’ name, while conducting an examination under Sub-rule (1), the Registrar shall   inform the applicants within a period of seven days upon specifying the reason thereof.

9. Period of validity and Renewal of the Body:

(1) The period of validity of the certificate issued under Rule 8, shall be of two years.
(2) A person who intends to renew the certificate shall submit an application to the Registrar within a period of thirty days on which validity of such a certificate has been expired along with Three Thousand Rupees, audit report of
the previous year and also annual progress statement.
(3) A person who fails to renew the certificate within the period under Sub- rule (2), may submit an application for the renewal of the certificate along with an additional fee at the rate of twenty five percent of the renewal fee within a period  of thirty five days on which the said time limit has been expired.
(4) If an application is submitted under Sub-rules (2) or (3), the Registrar shall, upon conducting necessary examination, finds reasonable to renew such a certificate, renew the certificate.

(5) If a person fails to renew the certificate even within the period under ub-rule (3), such certificate shall, ipso facto, be terminated.

10. Functions, Duties and Powers of the Body:

Functions, duties and powers of the  Body shall be as follows;
(a) To provide membership to the creator of the concerned discipline,
(b) To determine and publish the royalty payable to the author or owner of the  concerned discipline,
(c) To develop and execute the criteria for collection of royalty,
(d) To collect and distribute the royalty payable to the author or owner of the  concerned discipline,
(e) To inform the activities of the Body to the Registrar.

11. Progress Statement and Audit Report to Submit:

The Body shall submit a  progress statement covering the business performed in the entire year and audit
report within thirty days from the date on which the fiscal year has been expired.

12. To Inform about the Affiliation with the International Royalty Collecting
Body:

If a Body affiliates with any international royalty collecting body and performs any business with it the information thereof shall, immediately, be given to the Registrar.

13. Action to be taken in case of Importation of Unauthorized Copies:

If the customs officer that any goods of unauthorized copy is likely to be imported into Nepal or he/she has such suspection, he/she shall take action under Section 34 of the Act and information thereof shall be given to the person importing such goods,  to the Director General of the Department of Customs and also to the concerned
police office.

14. Examination and Expert Service charge:

While conducting examination of any goods by the laboratory under the application submitted by the author or owner of  the sound recording, performance or broadcasting for breach of economic and  moral rights or while obtaining expert opinion in regard to such goods by any  expert, the service charge payable in this regard shall be borne by the applicant.

15. Complaint may be filed:

(1) A person who is dissatisfied with the royalty fixed  by the Body may file a complaint before the Registrar within thirty-five days from the date on which royalty was fixed.
(2) If any complaint is filed under Sub-rule (1), the Registrar shall ask the concerned parties to appear before him/her and decide the case within sixty days from the date on which a complaint was filed and shall give the information thereof to the concerned parties.

16. Amendment to the Schedule:

Government of Nepal may change and alter the Schedule by a Notification published in the Nepal Gazette.

17. Repeal and Saving:

(1) The Copyright Rules, 1989 are, hereby, repealed.
(2) Acts done and action taken under the Copyright Rules, 1989 shall be deemed to have been done and taken under these Rules.