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Chapter-2

Chapter-2
Acquisition and Protection of Copyright

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.

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.

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.

6. Owner of economic right of work : (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 organization, that person or organization 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 organization, that person or organization 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.

7. Economic Right : 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.

8. Moral right : (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 organization so nominated, and on the nearest heir, failing such nomination.

9. Rights of performer : (1) The performer shall have the right to perform the following acts:-
(a) To take one’s performance to the general public through broadcasting or communication,
(b) To determine modality or medium of making one’s performance and reproduce it,
(c) To take one’s performance to the general public for the first time by making performance or selling or transferring copies thereof or
changing ownership,
(d) To rent copies of one’s performance,
(e) To take the performance produced through the determined modality or medium to the general public in an easily available
manner, through wire or wireless equipment,
(f) To amend or revise one’s performance.

(2) The performer shall not be allowed to re-exercise the rights  mentioned in Sub-section (1) once he/she has authorized his/her performance to
be incorporated in audio-visual medium.
(3) Notwithstanding anything contained in Sub-section (2), the performer shall have the right to have his/her identity maintained as the performer of
direct audio performance as well as of the performance incorporated in the sound recording and to make a claim for the same, and, where any person has
so mutilated or distorted his/her performance or otherwise deformed his performance by mutilating the meaning as to prejudice his/her reputation or
goodwill, to prevent such acts.
(4) Nothing mentioned in this Section shall be deemed to have any effect on the right of a performer to enter into, or to be agreed on, an agreement with
such terms as may yield much more benefits or facilities to him/her from the performance.
(5) The right conferred to the performer pursuant to this Section shall be protected for a period of fifty years from the year of incorporation of
performance in sound recording device, and for a period of fifty years from the year of such performance where such incorporation has not been made.

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.

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.
(3) The term of the right to receive reasonable remuneration under Sub- section (1) shall be for fifty years from the year of publication of such a sound
recording or from the year of adjustment of such a sound recording.

12. Right of broadcasting organization : (1) The broadcasting organization 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.

* 13. Protection of work, performer, sound recording producer or   broadcasting organization : (1) A work of the following author shall enjoy
protection under this Act:

(a) A work created by the author residing in Nepal or in a member country of the World Trade Organization and published in the Nepal or in that
country,
(b) An audio-visual work produced by a producer residing in Nepal or in a member country of the World Trade Organization,
(c) An architectural design of a building made in the Nepal or in a member country of the World Trade Organization or other kind of artistic work
used in a building or any other structure,
(d) A work published in Nepal by an author residing in a country other than Nepal or a member country of the World Trade Organization or an audio-
visual work produced in the Nepal by a producer of such other country.
(2) The following performer shall be entitled to the rights relating to performer as referred to in this Act:
(a) A performer of Nepal or a member country of the World Trade Organization,
(b) A performer of the performance made in Nepal or in a member country of the World Trade Organization or of the performance
contained in the sound recording protected under this Act or of the performance contained in a broadcast even though it is not
contained in the sound recording.
(3) The following sound recording producer shall be entitled to the rights relating to sound recording producer as referred to in this Act:
(a) A sound recording produced by a person in Nepal or a member country of the World Trade Organization,
(b) A sound recording published in Nepal or in a member country of the World Trade Organization.
(4) The following broadcasting organization shall be entitled to the rights relating to broadcasting organization as referred to in this Act:(a) A broadcast by a broadcasting organization with its office in Nepal or in a member country of the World Trade
Organization,
(b) A Broadcast by a broadcasting station situated in Nepal or in a member country of the World Trade Organization.

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