Copyright is the exclusive right to control creative works created by the author, copyright owner and performer for a specific period.

Works eligible for copyright protection in Malaysia are literary works; musical works; artistic works; films; sound recordings; broadcasts; and derivative works.

• “literary work” includes novels, stories and poetical works; film scenarios and broadcasting scripts; textbooks, treaties, histories, biographies, essays and articles; letters; and lectures.
• “musical work” includes works composed for musical accompaniment.
• “artistic work” includes photograph, sculpture or collage, architecture work being a building or a model for a building, or a work of artistic craftsmanship.
• “film” means any fixation of a sequence of visual images on material of any description shown as a moving picture or being recorded and includes the sounds embodied in any sound-track associated with a film;
• “sound recording” includes any fixation of a sequence of sounds or of a representation of sounds that can be perceived aurally and reproduced but not a sound-track associated with a film.
• “broadcast” includes a transmission, by wire or wireless means, of visual images, sounds or other information.
• “derivative works” include translations, adaptations, arrangements and other transformations of works eligible for copyright; and collections of works eligible for copyright.

Once an authored work can be classified as being part of one of seven categories, it will be eligible for copyright protection. However, one should note that copyright protection does not extend to any idea, procedure, method of operation or mathematical expression as such.

How is copyright protected in Malaysia?

Although copyright is a non-registrable right (i.e., cannot be registered) in Malaysia and enjoys automatic protection, ownership of copyright is difficult to establish. As such, proper documentation can be prepared to prove ownership. Copyright owners can claim ownership by way of a Statutory Declaration or by filing a Voluntary Notification at the Intellectual Property Corporation of Malaysia (MyIPO).

Duration of Copyright

• Protected literary, musical, and artistic works in Malaysia are active throughout the author’s life and remain active for up to 50 years after the author’s death.
• Films and sound recordings which receive copyright protection are protected for 50 years from the work’s publication as long as they have been fixed in the form of a fixation.
• Broadcasts are protected for a 50-year period from the date on which the broadcasts were first made. Such broadcasts may either be transmitted through wired or wireless means. It is important to seek adequate intellectual property protection for all of these works in order to prevent any possible infringements from occurring.

Copyright infringements

Whoever use any copyrighted works without consent or authorization from the author, copyright owner and performer, it may constitute an infringement under Copyright Act 1987. Acts which may constitute copyright infringement are:-

• reproduction in any material form, performing, showing or playing or distributing to the public,
• importation of any article into Malaysia for the purpose of trade or financial gains;
• making for sale or rental of any infringing copy;
• sale, rental or trading, exposition or offers for sale or rental of any infringing copy;
• distribution of infringing copies;
• having in possession, otherwise than for his private and domestic use, any infringing copy;
• exhibiting in public any infringing copy by way of trade;
• making or having in his possession any contrivance used or intended to be used for the purpose of making infringing copies

5 Tips to Avoid Copyright Infringement Online 1. Always assume that the work is copyrighted. Always take a strict approach to when using of works found online. Online works which are provided for free download may have been under copyright protection.   2. Do not copy, share or alter without seeking permission. Permission to use a copyrighted can be obtained by identifying the author of the work for purposes of contacting them for discussion of the use of their work. It is advisable that any agreement reached as to the fees payable as well as the purpose for which the work shall be used to be put into a written agreement.   3. Review and retain licensing agreements. Works obtained online through stock agencies (for example, Getty Images for stock photography) are subject to license agreements. Always keep in mind those agreements and have copies in your records as they contain the terms and conditions in respect of the license purchased.   4. Have an IP policy for your business. An IP Policy, or intellectual property policy,  should outline the principles applicable in dealing with IP that belongs to the business and to the third parties.  With a comprehensive IP Policy, a uniform standard is set and unintentional copyright infringement can be avoided.   5. Talk to your lawyer. Copyright is a complex area under the intellectual property law and failure to understand what it is and how it works may lead to serious legal consequences. Businesses should obtain legal advice from a lawyer to avoid copyright infringement.   Reference : MawereSibanda, 5 Tips to Avoid Copyright Infringement Online, accessed 6 May 2022, <https://www.maweresibanda.co.zw/5-tips-to-avoid-copyright-infringement-online/>

By Lai Jia Xin

Law Graduate