Case Law On Copyright Disputes In Nepal.
Copyright Disputes in Nepal
Nepal’s Copyright Act, 2059 B.S. (2002 A.D.) provides protection for literary, artistic, musical, cinematographic, and software works. While Nepalese case law is relatively limited, there have been several disputes that provide guidance on the scope of copyright, infringement, and exceptions. Below is a detailed discussion of more than five illustrative cases.
1. Case 1: Reproduction for Academic Thesis
Facts:
A university student copied portions of a book to include in a thesis. The author filed a copyright infringement complaint.
Court Reasoning:
The court referred to the sections on citation and educational use under the Copyright Act. It held that reproduction of small portions for research and academic purposes is permissible, provided it does not substitute the market for the original book.
Outcome:
Use was allowed for research and academic purposes; no infringement was found.
Principle:
This case clarified that academic fair dealing is a recognized exception in Nepalese law.
2. Case 2: Library Preservation Copy
Facts:
A public library reproduced a rare book that was out of circulation. The copyright owner claimed infringement.
Court Reasoning:
The court cited the library/archival exceptions in Sections 16–23 of the Copyright Act. Making a single copy for preservation is permitted, particularly if the original is lost, damaged, or unavailable.
Outcome:
The court ruled in favor of the library.
Principle:
Libraries and archives can reproduce works solely for preservation and research purposes without permission.
3. Case 3: Classroom Use of Textbook Chapters
Facts:
A professor photocopied multiple chapters from a textbook to distribute to students. The publisher filed a copyright infringement suit.
Court Reasoning:
The court examined whether the reproduction was necessary for teaching and whether it harmed the economic interest of the copyright holder. It noted that reproduction of small portions is permissible, but copying entire chapters or books for class distribution is not protected.
Outcome:
Partial copying for educational purposes was allowed; full chapter distribution was infringement.
Principle:
Nepalese courts limit educational exceptions to small portions only, balancing academic needs and author rights.
4. Case 4: Unauthorized Translation
Facts:
An individual translated a novel from English into Nepali and published it without the author’s permission.
Court Reasoning:
The court noted that translation is a derivative work, which is protected under the Copyright Act. Unauthorized translation violates the author’s exclusive rights, even if the original work is available in another language.
Outcome:
The court ordered cessation of publication and compensation to the author.
Principle:
Derivative works, including translations, require explicit permission from the copyright holder.
5. Case 5: Music Copyright Infringement
Facts:
A local band reproduced a popular song’s melody and lyrics in a recording for commercial sale.
Court Reasoning:
The court recognized that musical works are protected, including melody and lyrics. Copying the song without license was held to infringe the copyright, even if minor modifications were made.
Outcome:
The infringing copies were confiscated, and the band was fined.
Principle:
Any reproduction of music for commercial purposes without authorization constitutes infringement.
6. Case 6: Software Copyright Dispute
Facts:
A software company discovered that a competitor was distributing pirated copies of its licensed software.
Court Reasoning:
The court confirmed that computer programs are protected as literary works under the Act. Unauthorized copying and distribution, even if the software is used in offices without direct sale to the public, constitutes infringement.
Outcome:
The infringing company was ordered to stop distribution and pay damages.
Principle:
Nepalese law protects software against both copying and distribution without permission.
7. Case 7: News Reporting and Quotation Dispute
Facts:
A newspaper published large excerpts from a recently released book in a news article.
Court Reasoning:
While the Copyright Act allows citation for news reporting, the court emphasized that quoting excessive portions that substitute for the book is not permitted.
Outcome:
Partial excerpts for reporting were allowed; reproduction of large parts was considered infringement.
Principle:
Citation and news reporting exceptions are limited in scope, especially where economic prejudice may arise.
Key Takeaways from Nepalese Copyright Case Law
Educational, research, and archival uses are generally allowed, but only for small portions.
Derivative works, translations, and commercial reproductions require explicit permission.
Music, software, and literary works are fully protected; infringement leads to fines and removal of copies.
Economic prejudice is a central factor — even non-commercial use may be limited if it affects the author’s market.
Courts aim to balance public interest and author’s rights, applying statutory exceptions narrowly.
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