Copyright 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.
The following works are protected:-
(i) Literary works;
(ii) Musical works;
(iii) Artistic works;
(v) Sounds recordings;
(vi) Broadcasts; and
(vii) Derivative works.
Beginning June 1st, 2012 Copyright Voluntary Notification System has been operating in Malaysia.
To 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.
(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.
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.
Copyright is transferable by assignment, testamentary disposition and by operation of law.
The Copyright Act 1987 grants moral right to the author of the works.
Two type of moral right are given:-
(i) The right of paternity; and
(ii) The right of integrity.
The owner can sue inter alia for statutory damages and injunction.
The copyright owner has the exclusive right to control the whole or substantial part of the work especially:-
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:-
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.
The Minister of Domestic Trade, Cooperative and Consumerism (Enforcement Division) and The Royal Malaysia Police are responsible for enforcement of the law.
A Collective Management Organisation (CMO) is a body empowered by the owner to collect payment/ royalty on behalf of the copyright owner.
These Collective Management Organisation (CMO) are recognized by the Government of Malaysia.
The Collective Management Organisation (CMO) can grant a license to play the copyright work in public to the applicant
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.
The royalty is distributed by the society to the copyright owner each year.
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).
Copyright is a private right belonging to the right holder.
The dispute can be settled via assistance from the Copyright Tribunal.
Performers’ rights are right granted to those taking part in a live public performance.
Protection is granted for a period of 50 years from the date of the performance.