Remedy of Copyright Infringement | WIPS Law Associates
Copyright Infringement
Copyright is a protection of wide range of creation of human mind. It includes
(1) Book, pamphlet, article, thesis,
(2) Drama, dramatic-music, dumb show and a work prepared to perform in such manner,
(3) Musical notation with or without words,
(4) Audio visual works,
(5) Architectural design,
(6) Fine Arts, painting, work of sculpture, work of woodcarving, lithography, and other work relating to architecture,
(7) Photographic work
(8) Work of applied art,
(9) Illustration, map, plan, three-dimensional work relating to geography, and scientific article and work,
(10) Computer program,
(11) In the case of the sound recording, act of performance made outside the family circle, neighbors, friends or relatives or made in such manner that it can be heard publicly despite the presence of such persons.
Above listed art works fall under the pheriphery of copyrights.
Copyright Registration : Once the copyright is register in the department of Industry, a person, author, a person or organization, or a person or organization that holds the economic right to a work, primarily approve to become a copyright owner. In Nepal registration is the only process to become a copyright owner however it is not a compulsory.
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. Registration of such content or creation plays vital role to protect copyright, since it helps to decide any copyright claims. Though it is not made compulsory but prior registration has an important role to decide the copyright claims against your creations.
Copyright's Registrar Office is a governmental body that register copyright. Copyright Act, 2059 (2002) is the applicable law for the remedy of copyright infringement. Sec 25 has protected following rights under the copyrights area of Intellectual Proprty:
- 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.
Remedies of Copyright Infringnment:
Fine and Imprisonment: In any case if any person infring the copyrights of other without the permision (Section 25, Copyright Act 2059), the person is liable with fine amounts to Rs.10,000 to Rs. 100,000 rupees or with the imprisonment for a term not exceeding six months or both and with compensation sum amount Rs. 20,000 to Rs. 200,000 rupees or with imprisonment for a term not exceeding one year or with both based on the gravity of offense.
Seize: Any materials or device used in publishing or distributing or reproducing such information that is protected under the copyright shall be seized. For an instance, printer, stamp etc.
Copyright infrignment is a criminal case in Nepal. State is a party in cases related to copyright infringment. Owner can file a copyright infringment case if any person use such information that is already registered as copyrights without the permission of its owner. A Police Officer ranked Police Inspectorhas power to investigate and inquire into copyright infringment case.
WIPS Law Associates provides Copyright registration, trademark registration in Nepal, Patent Rights Registration and Industrial Design rights in Nepal. For more information Contact us info@wips.com.np or contact us at 01-5907498
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