Remedy of Copyright Infringement | WIPS Law Associates
Copyright infringement can be define as, use of the creation or production without the permission of the content creator or owner. It is a violation of copyright law by a person without a license or permission.
Copyright is protected once it is registered. In Nepal, registration of copyright is not compulsory. However if a person wants to register his/her work, sound recording, performance or broadcasting should register voluntarily by making an application to the Nepal Copyright's Registrar Office.
Copyright Act, 2059 (2002) is the applicable law for the remedy of copyright infringement.
Sec 25 has stated followings things are considered to have infringed protected right,
- To reproduce copies of work or sound recording and sell and distribute them for the commercial purpose without any economic benefit or without authorization of the author.
- To do the advertisement of a work done by other with a motive to take advantage that has gained reputation.
- To change the work by changing form or language belonging to another person with a motive to take economic advantage.
- 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 through any means,
- To import, produce or rent any equipment or device prepared with intention of circumventing of any device designed to discourage the unauthorized reproduction,
- To produce or import, with intent to sell, any equipment facilitating unauthorized reception of a program broadcast by encrypting it in a code language.
- To import, sell, distribute and use a mechanical device prepared with a sole object of infringing the copyright.
If any person infringes the protected right, Remedies can be obtained in following ways;
In any case if any person does the act stated in sec 25, such person shall be punished with a sum from 10,000 to 100,000 rupees or with the imprisonment for a term not exceeding six months or both and with a fine of a sum from 20,000 or 200,000 rupees or with imprisonment for a term not exceeding one year or with both for instance form the second time.
And the materials so published or distributed or reproduced or device used to reproduce such materials shall be seized.
The act of copyright infringement is a state cases, a person can file a case if any person infringes the protected right and demand the compensation. A Police Officer ranked Police Inspector will investigate and inquire into the related cases.
WIPS Law Associates provides Copyright registration, trademark registration in Nepal, Patent Rights Registration and Industrial Design rights in Nepal. For more information Contact us .
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