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:-
Works eligible for protection are;
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.
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.
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:-
Copyright protects any work, art and film while trademarks protect the logo and brand of a product or 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.