Copyrights

Copyright in Malaysia

1. What is copyright

• 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.

2. How to copyright and prove as an ownership

• Make a Statutory Declaration in accordance with the Statutory Declaration Act 1960; or
• Self-address the work in a sealed envelope.

3. Works eligible for copyright

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

4. Does Malaysia have a registration system for copyright

• There is no registration for copyright in Malaysia. The work is protected automatically upon creation.

5. What are the qualifications for protection of copyright

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

6. Who Owns Copyright

• Contract of service – Copyright is owned by the employer.
• Contract for service – Copyright is owned by the author.
• Commissioned work – Copyright is owned by the person who commissioned the work.

7. Can copyright be transferred or assigned

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

8. What is the duration of copyright

• For literary, music and artistic works – copyright subsist during the life of the author and 50 years after his/her death;
• For published edition – copyright subsist 50 years from the year following the year of edition was first published;
• For sounds recording, films and broadcasts – copyright subsist 50 years from the year following the publication of the work.

9. What are the exclusive rights of the owner

• The copyright owner has the exclusive right to control the whole or substantial part of the work especially:
  • The communication to the public;
  • The commercial rental to the public.
  • The reproduction in any material form (including making photocopies, recording and others);
  • The performance, showing or playing to the public;
  • The distribution of copies to the public by sale or other transfer of ownership; and

10. 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:
  • Sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy;
  • Distributes infringing copies;
  • Reproduces in any material form, performs, shows or plays or distributes to the public;
  • By way of trade, exhibits in public any infringing copy;
  • 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;
  • Causes the work to be performed in pub;
  • Possesses, otherwise than for his private and domestic use,  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.

11. Who is responsible for enforcement of copyright

• The Minister of Domestic Trade, Cooperative and Consumerism (Enforcement Division) and The Royal Malaysia Police are responsible for enforcement of the law.