Finding a photo, article, song or video online does not make it free to reuse. Nepal's Copyright Act 2059 (2002) applies to protected works whether they appear on paper, a website or social media. Access is not permission, attribution is not a licence, and downloading is not ownership.
Key takeaways
- Copyright does not disappear when a work is uploaded to the internet.
- Sec. 5(1) says registration is not required to acquire rights under the Act.
- Nepal has specific permitted uses, not an unlimited American-style fair-use rule.
- Crediting the creator does not replace permission when permission is required.
- A platform's share button and its download button can have different legal effects.
- Licences, public-domain status and statutory exceptions must be checked, not assumed.
Why does online access not equal permission?
A browser lets you view or technically copy data, but copyright controls legally significant uses of protected expression. Sec. 7 gives the owner economic rights that include reproduction, translation, revision, sale, distribution, rental and communication to the public. A public webpage does not silently surrender those rights.
The internet changes delivery, not ownership. A photographer can display an image for viewing without authorising a shop to place it on packaging. A musician can stream a track without authorising a business to add it to an advertisement.
Does copyright arise automatically in Nepal?
Yes. Sec. 5(1) states that registration of a work, sound recording, performance or broadcast is not required to acquire the rights provided by the Act. A missing registration entry therefore does not prove that online material is unprotected.
Sec. 3 extends protection to a work and to qualifying original translations, arrangements, collections and derivative works. That means online protection can cover both an original item and new expression added in a later version, without taking away any right in the underlying work.
Sec. 5(2) allows voluntary registration with the Registrar. Registration may create a dated administrative record, but the Act does not say it creates the copyright. Drafts, contracts, source files and publication records may all matter when ownership is disputed.
Does a missing copyright symbol make content free?
No. The Act does not make protection depend on ©, “all rights reserved” or another notice. A notice can identify the person to contact and discourage casual copying, but it is not the source of the right.
The reverse is also true: adding a symbol to someone else's work does not transfer ownership. A user must trace the work back to a reliable source, identify the claimed owner and read the actual licence or permission.
Is giving credit enough?
Credit answers who created the work; permission answers whether the use is authorised. A commercial page can give flawless attribution and still reproduce an image without the owner's consent. Both questions must be handled separately.
Attribution becomes especially important where a licence requires it or where Sec. 17 permits citation of portions of a published work. That section requires the source and author's name to be mentioned. It does not create a general right to copy an entire work merely because the creator is named.
What does Nepal allow without permission?
Chapter 4 contains specific limits and permitted uses. Sec. 16 addresses personal use; Sec. 17 covers citation of portions; Sec. 18 deals with teaching and learning; Sec. 19 addresses certain library and archive copying. Other sections deal with matters such as a software backup and one imported copy.
These provisions must be read on their own conditions. “Educational,” “non-commercial” and “personal” are not magic labels that legalise every use. The amount taken, purpose, source acknowledgement and effect on the owner's economic interest can matter.
Is Nepali fair dealing the same as US fair use?
No. Advice written around United States law often discusses a broad, multi-factor fair-use doctrine. Nepal's Act instead lists defined permitted uses. The word “fair” appears in Sec. 17's rule for citation, not as a free-standing defence for every online reuse.
Calling something a reaction, review, remix or meme does not settle the question. Identify the exact provision relied on and test every condition. If no provision fits, permission is the safer route.
Can you reuse a photo found through search?
A search engine result is a pointer to an image, not a licence from the photographer. Check the original page and any licensing information. If the source cannot be traced, the inability to identify the owner increases risk rather than turning the image into free material.
Nepal's term rules are also work-specific. Sec. 14(5) gives applied art and photographs 25 years from the year of preparation, rather than the ordinary life-plus-50 rule. Determining whether a particular image is still protected requires reliable dates, not a guess based on visual age.
Can you reuse music from a social platform?
Platform access and copyright permission are separate. Music available inside a personal posting tool may be licensed only for specified uses, territories or account types. Moving the same track into a commercial advertisement or exporting it to another platform may fall outside those terms.
A recording can involve more than one right or right holder. The composition, lyrics, performance and sound recording may not share the same owner or term. Our guide to music copyright in Nepal explains those layers.
Can you repost an article or social-media caption?
Linking to the original page is different from copying its text. A short quotation with a genuine critical or reporting purpose may need analysis under Sec. 17, while republishing the entire article competes with the owner's communication and distribution rights.
Social-platform tools can authorise actions within that platform under its terms. A built-in share may preserve the source, context and platform controls; copying the text into a new advertisement does not necessarily carry that authorisation with it.
How do open licences change the answer?
An open licence gives permission in advance, but only on its stated conditions. A Creative Commons licence may require attribution, restrict commercial use, prohibit derivatives or require adapted material to use the same licence. Read the particular licence, not just its logo.
Keep evidence of the licence and source as they appeared when the work was obtained. Pages and metadata change. A screenshot, download record and copy of the licence help show why the user believed the particular reuse was authorised.
When is a work in the public domain?
A work may enter the public domain after the applicable term expires, but Nepal does not apply one term to everything. Sec. 14 contains different rules for named authors, joint works, commissioned or directed works, anonymous works, photographs and applied art. The ordinary named-author rule runs through life and then 50 years from the year of death.
Even when an underlying work is old, a modern translation, arrangement, recording or edition may contain new protected expression. Check the specific version being copied. The guide to copyright duration in Nepal provides the work-by-work framework.
What should a business check before publishing?
- Identify the work: record the image, text, music, video or software being used.
- Find the source: trace it beyond search results and repost accounts.
- Identify the owner: check the creator, employer, commissioner or assignee.
- Read the permission: verify the licence covers the intended medium and commercial context.
- Meet the conditions: provide attribution, notices or links exactly as required.
- Keep evidence: retain the permission, invoice, licence and source record.
The same workflow applies to website agencies and social-media teams. “The designer found it” is not a rights clearance process. Put responsibility for supplied assets and licences into the contract before publication.
| Online source | What it proves | What still needs checking |
|---|---|---|
| Search result | The file can be discovered | Owner, original source and permission |
| Social post | An account published the material | Whether that account owns or licensed it |
| Stock library | A licence may be available | Commercial scope, limits and attribution |
| Open-licence page | Permission is offered in advance | The exact licence and all conditions |
| Old archive copy | The work existed by that date | Applicable term and rights in that edition |
What should you do after discovering unauthorised use?
Preserve evidence before contacting the user. Record the page, account, date, URL and copies of the material, together with evidence showing the protected work and ownership. Sec. 25 identifies unauthorised reproduction, distribution and public communication among infringing acts, while Sec. 38 requires a case within three months of knowledge, so the discovery date matters.
Then obtain legal advice on ownership, permitted use, platform procedures and possible remedies. Do not assume that removing the content resolves every past use, and do not make public accusations before the facts are checked.
What are the common mistakes?
- Copying from image search without opening the source page.
- Assuming attribution substitutes for permission.
- Using a personal-use platform licence in business advertising.
- Treating “royalty-free” as meaning there are no conditions.
- Assuming an old-looking work is in the public domain.
- Editing, cropping or translating a work and claiming it is new.
- Waiting too long after learning of an infringement.
How is copyright different from trademark protection?
Copyright protects qualifying expression under the Copyright Act. Trademark registration protects a brand sign through the Department of Industry under the Patent, Design and Trade Mark Act. The trademark system uses the Nice Classification, follows a first-to-file structure and includes publication with an opposition period.
A logo can raise both questions: its artwork may involve copyright, while its use as a badge of commercial origin may call for trademark registration and a renewable registration certificate. Use the trademark conflict checker for the brand issue, not to decide copyright ownership.
Where can you read the legal sources?
The official English text is available through WIPO Lex, while the Nepal Law Commission provides Nepal legislation. Copyright administration belongs to the Copyright Registrar's Office, not the Department of Industry.
IP Sewa does not offer copyright registration or a copyright-search tool. For copyright ownership, licensing or infringement advice, consult a qualified lawyer. If the concern is instead a business name or logo as a mark, see the trademark-registration service.
In short: is online content free?
No. The correct question is whether you own the work, have permission, comply with a licence, can prove public-domain status or fit a specific exception in the Act. “It was online” answers none of those questions. The registration-process guide explains the separate voluntary filing route.
Build a small clearance record before publication and preserve evidence quickly after suspected copying. For the detailed legal consequences, read copyright infringement law in Nepal.
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If an online asset will become part of a brand, separate its copyright clearance from the trademark question. For help with the trademark side, contact IP Sewa.
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