In Nepal’s growing digital and knowledge economy, questions about using copyrighted material for education, journalism, commentary, and public discussion are becoming increasingly common. Teachers quote books in lectures, journalists include images in news reporting, and content creators reference videos or articles while explaining current events.
However, many people misunderstand what the law actually allows. Some assume that using small portions of copyrighted material is always acceptable, while others believe that any use without permission is illegal.
Nepal’s copyright law attempts to balance both interests. It protects the rights of creators while allowing limited use of copyrighted works for socially valuable purposes such as education, news reporting, and research. These exceptions are commonly referred to as “fair dealing”–style uses, although Nepali law does not use the exact terminology found in some other jurisdictions.
Understanding these limits is important for educators, journalists, researchers, and digital content creators operating in Nepal.
Legal Framework for Copyright Exceptions in Nepal
Copyright protection in Nepal is governed by the Copyright Act, 2059 (2002). The law protects a wide range of creative works, including:
Literary works such as books and articles
Music and sound recordings
Films and audiovisual works
Photographs and artistic designs
Computer software
However, the Act also recognizes that certain limited uses of copyrighted works are necessary for public interest activities.
These permitted uses allow reproduction or use of copyrighted material under specific conditions without obtaining prior permission from the copyright owner.
Nepal is also a member of the World Intellectual Property Organization (WIPO), which promotes international copyright standards and balanced limitations to copyright protection.
What Is Fair Dealing?
Fair dealing refers to limited use of copyrighted material without permission for specific purposes considered beneficial to society.
In Nepal, these purposes generally include:
Education and teaching
Research and scholarship
News reporting
Criticism and commentary
Private study
These exceptions exist to ensure that copyright protection does not prevent learning, journalism, or public debate.
However, fair dealing does not mean unrestricted copying.
The use must remain reasonable, limited, and connected to the permitted purpose.
Use of Copyrighted Material in Education
Educational institutions frequently rely on copyrighted material to support teaching and learning.
Under Nepali copyright law, limited use of copyrighted works for educational purposes may be allowed when the use is directly related to teaching or academic research.
Examples may include:
Quoting excerpts from books in classroom instruction
Using small portions of academic articles in lectures
Including limited extracts in educational presentations
However, several limitations apply.
The material should not be reproduced in a way that replaces the original work. For example, copying an entire textbook or distributing full digital copies of a paid course would generally exceed permitted use.
Educational use must remain limited and proportionate to the teaching purpose.
Copyright Use in News Reporting
Journalists and media organizations often need to reference copyrighted works while reporting news.
Limited reproduction of copyrighted material may be permitted when it is necessary for news reporting.
Examples may include:
Showing short excerpts of video clips while reporting on an event
Quoting statements from books or articles in news coverage
Displaying images as part of reporting on a public issue
The key condition is that the use must serve the purpose of informing the public.
Using copyrighted material primarily for entertainment or commercial promotion would not fall within this exception.
For digital media creators, understanding these limits is particularly important. Many online creators mistakenly assume that using short clips from films or music automatically qualifies as fair use.
For related issues in digital media, see Film and YouTube Content in Nepal: Copyright Basics Creators Keep Getting Wrong.
Use for Criticism, Commentary, and Review
Copyright law also allows limited use of copyrighted works for criticism or commentary.
For example:
A reviewer quoting lines from a book in a literary review
A video essay analyzing scenes from a film
A journalist discussing a piece of music in a cultural article
The use must be necessary to support the critique or commentary.
Simply reproducing large portions of the work without analysis may not qualify.
Factors That Determine Whether Use Is Allowed
Although Nepal’s law does not provide a strict formula, several practical considerations help determine whether a use may fall within permitted limits.
Purpose of Use
The use must serve education, research, news reporting, or commentary.
Amount Used
Only a reasonable portion of the work should be used.
Impact on the Market
If the use replaces the need to purchase the original work, it may not be allowed.
Attribution
Acknowledging the original author strengthens the legitimacy of the use.
These factors help determine whether the use is genuinely related to public interest purposes.
Common Misunderstandings in Nepal
Several misconceptions frequently arise among educators, journalists, and online creators.
One common belief is that using a small percentage of a work automatically qualifies as fair dealing. In reality, the law does not define a fixed percentage rule.
Another misunderstanding is that giving credit alone makes copying legal. Attribution is important but does not automatically legalize unauthorized use.
Similarly, many creators assume that anything found on the internet can be reused freely. Most online content remains protected by copyright unless specifically licensed for reuse.
Practical Advice for Educators, Journalists, and Creators
Professionals who rely on copyrighted material should adopt careful practices.
Use only the portion of the work necessary for the educational or reporting purpose.
Always credit the original creator when referencing copyrighted material.
Avoid distributing full copies of books, films, or paid content.
When in doubt, seek permission from the copyright owner.
Use licensed or public domain material whenever possible.
Document sources and maintain clear records of how content is used.
These practices reduce legal risk while respecting the rights of creators.
Axcel Law regularly advises educational institutions, media organizations, and digital content creators in Nepal on copyright compliance, licensing arrangements, and intellectual property protection. Professional legal guidance helps organizations balance creative freedom with legal responsibility.
Conclusion
Nepal’s copyright law seeks to maintain a balance between protecting creators and allowing limited use of copyrighted works for education, journalism, and public discussion.
Fair dealing–style exceptions enable teachers, researchers, and journalists to use copyrighted material in meaningful ways, but these uses must remain limited and justified by the purpose.
As digital media and online learning continue to expand in Nepal, understanding these boundaries is increasingly important. Responsible use of copyrighted material supports both the creative community and the broader public interest.
By following proper practices and respecting copyright limitations, educators, journalists, and creators can contribute to a fair and sustainable creative ecosystem.
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