Copyright

Copyright is the exclusive right given to the owner of a copyright for a specific period. Copyright protection in Malaysia is governed by the Copyright Act 1987. There is no system of registration for copyright in Malaysia.

Copyright is the exclusive right given to the owner of a copyright for a specific period. Copyright protection in Malaysia is governed by the Copyright Act 1987. There is no system of registration for copyright in Malaysia. As of 1st of June 2012, Malaysia has introduced Voluntary Notification Registration System. Copyright exists as soon as the original work is created and belongs to the creator of the work automatically.

A work that is eligible is protected automatically upon fulfillment of the following conditions:-

  • sufficient effort has been expected to make the work original in character;
  • the work has been written down, recorded or reduced to a material form;
  • the author is qualified person or the work is made in Malaysia or the work is first published in Malaysia

What Does Copyright Protect?

Works eligible for protection are;

  • literary works;
  • musical works;
  • artistic works;
  • films;
  • sound recordings;
  • broadcasts; and
  • derivative works

These works shall be protected irrespective of their quality and purpose for which they were created. However, the copyright protection shall only extend to expression and not ideas, procedures, methods of operation or mathematical concepts as such.

Who Owns Copyright?

Copyrights in a work vests initially in the author (writer, composer, maker of the work, etc). However, where the making of a work is made by an employee in the course of his employment, unless there is any contrary agreement, the copyright in the work shall be deemed to vest in the person who commissioned the work or the employer. The author’s right is transferable by assignment, testamentary disposition or by operation of law, in which case the assignee shall be the owner.

What Constitutes Copyright Infringement?

The copyright in a work infringed when a person who, not being owner of the copyright, and without license from the owner, does or authorizes any of the following acts:-

  • reproduces in any material form, performs, shows or plays or distributes to the public,
  • communicates by cable or broadcast of the whole work or a substantial part thereof either in its original or derivative form;
  • imports any article into Malaysia for the purpose of trade or financial gains;
  • makes for sale or hire any infringing copy;
  • sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy;
  • distributes infringing copies;
  • possesses, otherwise than for his private and domestic use, any infringing copy;
  • by way of trade, exhibits in public any infringing copy;
  • imports into Malaysia, otherwise than for his private and domestic use, an infringing copy;
  • makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies; or
  • causes the work to be performed in public

 

Difference between copyright and trademark

Copyright protects any work, art and film while trademarks protect the logo and brand of a product or service.

Our Service

One Global IP advises on all matters relating to copyright including authorship, ownership and subsistence of copyright, in particular on the various works eligible for copyright protection including literary, artistic and musical works, sound recordings, broadcast, films, and computer programs, and prepare documents to establish ownership of copyright. We also assist clients in preparing the necessary documents to establish ownership of copyright.

 

We Are Ready to Assist You.

We shall reply to any queries you may have.