COPYRIGHT BASIC

COPYRIGHT BASIC

Copyright is the exclusive right granted to the copyright owner to control a creative work for a certain period of time based on the Copyright Act 1987. The copyright owner can be the author of the creative work or any person who has the legal interest in to that creative work.

COPYRIGHT CRITERIA

Creative works eligible for copyright :­

  1. literary works;
  2. musical works;
  3. artistic works;
  4. films;
  5. sound recordings;
  6. broadcasts (only for broadcaster);
  7. published editions; and
  8. derivative works.

Sufficient effort has been expended to make the work original in character

The work has been written down, recorded or reduced to material form.

Copyright protection shall not extend to any idea, procedure, method of operation or mathematical concept.

DURATION OF COPYRIGHT

  1. Literary, musical or artistic works
    Copyright protection will be in effect for the duration of the author's life and will last for fifty years following his passing. When a work is co-authored, the fifty years start after the last author's death.

  2. Films, sound recordings, broadcasts, published editions or works of Government or international bodies
    The fifty-year duration was calculated starting from the first day of the calendar year after the date on which the work was created or published.

  3. Performers’ rights or equitable remuneration
    The fifty-year duration was calculated starting from the first day of the calendar year after the date on which the performance was fixed in a sound recording or the sound recording is published.

THE LEGAL RIGHTS

    1. The Authors
      The owner of the copyright may be the author, who has both moral and exclusive rights. Usually, the author's moral rights are retained while the exclusive right is transferred to the new copyright owner. These moral rights are limited to the right to be identified or protest any act that affects their work or reputation.

    2. The Copyright owner
      The Copyright Act of 1987 gives the owner of the copyright the rights to prevent unauthorized use, reproduction or any acts of their works. A civil or criminal court may charge person responsible for any copyright infringement if they perform any act related to the works without the license, authority, or consent of the copyright owner.

    3. The Performers
      The performers have the right to stop any acts that are connected to their fixation of performance, including unlawful use and reproduction. If someone violates their rights without permission, they could face legal action in a civil or criminal court. They also have the same moral rights as authors, which include the right to recognize and object any actions that harm their reputation.

ACTIONS AND REMEDIES

If someone uses their work or performance without permission, the copyright owner or performers may file a lawsuit against them by:

  • In a civil litigation, the court may issue an order for statutory damages, an account of profits, an injunction, damages, or any other order it thinks appropriate; or
  • Criminal action by reporting the offender to the Ministry of Domestic Trade and Cost of Living's Enforcement Division or the Royal Malaysian Police, which could result in a fine, jail imprisonment, or both.

EXAMPLE OF WORKS

ACT, GUIDELINES AND TRITI

Copyright Act 1987 (Act 332)

Amended By

Title

Act A775

Copyright (Amendment) Act 1990

Act A952

Copyright (Amendment) Act 1996

Act A994

Copyright (Amendment) Act 1997

Act A1082

Copyright (Amendment) Act 2000

Act A1139

Copyright (Amendment) Act 2002

Act A1195

Copyright (Amendment) Act 2003

Act A1420

Copyright (Amendment) Act 2012

Act A1612

Copyright (Amendment) Act 2020

Act A1645

Copyright (Amendment) Act 2022

Copyright Regulations

Regulations

Title

P.U.(A) 379/1987Copyright (Licence to Produce and Publish in the National Language a Translation of a Literary Work) Regulations 1987 (Repealed by P.U.(A) 212/2012)
P.U.(A) 380/1987Copyright (Notice of Prohibition of Import) Regulations 1987
P.U.(A) 382/1987Copyright (Public Libraries and Educational Scientific or Professional Institutions) Order 1987
P.U.(A) 314/1990Copyright (Application to other Countries) Regulations 1990
P.U.(A) 235/2000Copyright (Licensing) Regulations 2000 (Repealed by P.U.(A) 212/2012)
P.U.(A) 159/2012Copyright (Licensing Body) Regulations 2012 (Repealed by P.U.(A) 61/2022)
P.U.(A) 160/2012Copyright (Voluntary Notification) Regulations 2012
P.U.(A) 212/2012

Copyright (Copyright Tribunal) Regulations 2012 [This Regulations repealed:

  1. Copyright (Licence to Produce and Publish in the National Language a Translation of a literary Work) Regulations 1987 [P.U.(A) 379/1987]; and
  2. Copyright (Licensing) Regulations 2000 [P.U.(A)235/2000]
P.U.(A) 185/2020Copyright (Copyright Tribunal) (Amendment) Regulations 2020

 

Amended By

Title

P.U.(A) 295/1994

Copyright (Public Libraries and Educational Scientific or Professional Institutions) (Amendment) Order 1994

P.U.(A) 154/1996

Copyright (Public Libraries and Educational Scientific or Professional Institutions) (Amendment) Order 1996

P.U.(A) 340/1990

Copyright (Application to other Countries) Regulations 1990 Corrigendum

P.U.(A) 18/1993

Copyright (Application to other Countries) Regulations 1993 Corrigendum

P.U.(A) 243/1994

Copyright (Application to other Countries) (Amendment) Regulations 1994

P.U.(A) 161/2000

Copyright (Application to other Countries) (Amendment) Regulations 2000

P.U.(A) 185/2020

Copyright (Copyright Tribunal)) (Amendment) Regulations 2020

P.U. (A)

61/2022

Copyright (Collective Management Organization) Regulations 2022

P.U. (A)

62/2022

Copyright (Voluntary Notification) (Amendment) Regulations 2022

P.U. (A) 220

Copyright Order (Authorized Entity) 2022

Copyright Guidelines

Guidelines

Title

MYIPO/CR/1/2022

Copyright (Authorized Entity) Guidelines 2022

DISCLAIMER | PRIVACY POLICY | COPYRIGHT NOTICE | SECURITY POLICY

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