Copyright – FAQ

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Copyright – FAQ’s

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General Information

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What is copyright?
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aCopyright is the exclusive right given by law for a determinable time period to the author of the work to control the use of the work in Malaysia.

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Which Act governs the protection of copyright in Malaysia?
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aCopyright protection is governed by the Copyright Act 1987.

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What works get copyright protection?
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aThe following works are protected:-

(i)    Literary works;
(ii)    Musical works;
(iii)    Artistic works;
(iv)    Films;
(v)    Sounds recordings;
(vi)    Broadcasts; and
(vii)    Derivative works.

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Does Malaysia have a registration system for copyright?
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aBeginning June 1st, 2012 Copyright Voluntary Notification System has been operating in Malaysia.

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What are the ways to prove ownership of copyright?
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aTo prove ownership of copyright, the owner can either:-

(i)    Make a Statutory Declaration in accordance with the Statutory Declaration Act 1960; or
(ii)   Self address the work in a sealed envelope.

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What are the qualifications for protection of copyright?
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a

 (i)    Sufficient effort has been expanded to make the work original in character;
(ii)    The work has been written down, recorded or otherwise reduced into material form;
(iii)    The author is a qualified person; and
(iv)    The work is made in Malaysia or the work is first published in Malaysia.

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How to owns copyright?
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a

 Ownership of copyright is dependent on the following:-

(i)    The work is produced under a contract of service;
– Copyright is owned by the employer.

(ii)    The work is produced under a contract for service;
– Copyright is owned by the author.

(iii)    Commissioned work
– Copyright is owned by the person who commissioned the work.

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Can copyright be transferred?
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a

Copyright is transferable by assignment, testamentary disposition and by operation of law.

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Other than the commercial right of the owner and author of the work, what other right is given to the author of the work?
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a

The Copyright Act 1987 grants moral right to the author of the works.

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What types of moral right are given by the Act?
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a

Two type of moral right are given:-
(i)    The right of paternity; and
(ii)    The right of integrity.

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What right can be utilized by the owner of copyright for infringement of moral right?
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a

The owner can sue inter alia for statutory damages and injunction.

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What is the duration for copyright protection?
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  1. For literary, music and artistic works, copyright subsist during the life of the author and 50 years after the death;
  2. For sounds recording, films and broadcasts, copyright subsist 50 years from the year following the publication of the work; and
  3. For published edition, copyright subsist 50 years from the year following the year of edition was first published.

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What are the exclusive rights of the owner?
[vc_column_text]The copyright owner has the exclusive right to control the whole or substantial part of the work especially:-

  • The reproduction in any material form (including making photocopies, recording and others);
  • The communication to the public;
  • The performance, showing or playing to the public;
  • The distribution of copies to the public by sale or other transfer pf ownership; and
  • The commercial rental to the public.

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What acts amount to infringement of copyright?
[vc_column_text]The copyright in a work infringed when a person, not being owner of the copyright, and without license from the owner, does or authorizes any of the following acts:-

  1. Reproduced in any material form, performs, shows or plays or distributes to the public.
  2. Communicates by cable or broadcast of the whole works or a substantial part thereof either in its original or derivative form;
  3. Import any article into Malaysia for the purpose of trade or financial gains;
  4. Make for sale or hire any infringing copy;
  5. Sells, lets for hire or by way of trade, exposes of offers for sale or hire any infringing copy;
  6. Distributes infringing copies;
  7. Possesses, otherwise then for his private and domestic use, any infringing copy;
  8. By way of trade, exhibits in public any infringing copy;
  9. Imports into Malaysia, otherwise than for his private and domestic use, an infringing copy;
  10. Make or has in his possession any contrivance used or intended to be used for the purpose of making infringing copy; or
  11. Causes the work to be performed in public.

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What are the exceptions to the exclusive right granted by the Copyright Act 1987 to the user of the work?
[vc_column_text]Usage of the work by way of fair dealing for the following purpose accompanied by an acknowledgement of the title of the work and authorship is allowed:-
(i)    non-profit research;
(ii)    private study; and
(iii)    Review or the reporting of current event.[/vc_column_text][vc_empty_space height=”40px”]
Who is responsible for enforcement of copyright?
[vc_column_text]The Minister of Domestic Trade, Cooperative and Consumerism (Enforcement Division) and The Royal Malaysia Police are responsible for enforcement of the law.[/vc_column_text][vc_empty_space height=”40px”]
What is Collective Management Organisation (CMO)?
[vc_column_text]A Collective Management Organisation (CMO) is a body empowered by the owner to collect payment/ royalty on behalf of the copyright owner.[/vc_column_text][vc_empty_space height=”40px”]
Does the Government of Malaysia recognize these Collective Management Organisation (CMO)?
[vc_column_text]These Collective Management Organisation (CMO) are recognized by the Government of Malaysia.[/vc_column_text][vc_empty_space height=”40px”]
What is the right given by the Collective Management Organisation (CMO) to the parties applying for a license?
[vc_column_text]The Collective Management Organisation (CMO) can grant a license to play the copyright work in public to the applicant[/vc_column_text][vc_empty_space height=”40px”]
What are the qualifications for protection performers?
[vc_column_text]Performers right shall subsist in every live performance of which the performer is:-
(i)    A citizen or permanent resident of Malaysia; or
(ii)    Not a citizen or permanent resident of Malaysia but whose performance:-
•    Takes place in Malaysia;
•    Is incorporated in sound recording that are protected under this Act: or
•    Has not been fixed in a sound recoding but is included in a broadcast qualifying for protection under this Act.[/vc_column_text][vc_empty_space height=”40px”]
What dose the Collective Management Organisation (CMO) do with the royalty collected?
[vc_column_text]The royalty is distributed by the society to the copyright owner each year.[/vc_column_text][vc_empty_space height=”40px”]
Does the Government determine the rate of the royalty collected by the Collective Management Organisation (CMO)?
[vc_column_text]The government does not control or is government involved in determining the rate. It is determined contractually between the owner and the Collective Management Organisation (CMO).[/vc_column_text][vc_empty_space height=”40px”]
Why is the Government not involved?
[vc_column_text]Copyright is a private right belonging to the right holder.[/vc_column_text][vc_empty_space height=”40px”]
If there is a dispute between the owner and the Collective Management Organisation (CMO), where are the avenues available to the owner?
[vc_column_text]The dispute can be settled via assistance from the Copyright Tribunal.[/vc_column_text][vc_empty_space height=”40px”]
What is meant by performance right?
[vc_column_text]Performers’ rights are right granted to those taking part in a live public performance.[/vc_column_text][vc_empty_space height=”40px”]
What is the duration of protection for performers right?
[vc_column_text]Protection is granted for a period of 50 years from the date of the performance.[/vc_column_text][vc_empty_space height=”40px”]
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