Copyright Protection In Malaysia in 2023
In the modern digital era, intellectual property rights have become increasingly important. Creative works must be protected from unauthorized use and exploitation through the application of copyright laws. Malaysia has built a thorough framework to safeguard copyrights as a developing center for innovation and creativity.
The Copyright Act of 1987 sets forth the rules for copyright protection in Malaysia. The Act establishes a legal foundation for safeguarding different kinds of creative works, including literary, artistic, and audiovisual works. The intention is to promote originality and creativity while guaranteeing that copyright holder have the only authority to manage and profit from their creations.
This article will explore the laws for copyright protection in Malaysia, the rights granted to copyright owners, and how you can register for copyright in the nation.
Meaning of Copyright
According to the Copyright Act of 1987, copyright is the sole authority to control the original creation developed by the author, the copyright owner, and the person who performs for a given time. Copyright is a form of intellectual property protection that safeguards the genuine creation of authorship in a variety of fields, including cultural, artistic, and technological. Creatives, authors, designers, and architects utilize copyright protection in Malaysia to safeguard their original writing, dramatic, artistic, and aesthetic creations, such as poems, books, movies, tunes, programs for computers, and architectural plans.
The Act Governing Copyright Protection in Malaysia
Copyrights grant exclusive ownership rights to a piece of writing, song, or creative creation to the person who created it. The regulations governing such works assist in defending the owner against illegal alterations or duplications of the original work represented.
The Copyright Act of 1987 is the primary law that is used for copyright protection in Malaysia. Any qualified individual or organization is granted copyright protection in Malaysia under this Act. In Malaysia, this Act establishes a voluntary registration mechanism for creations protected by copyright to recognize and differentiate the authorship and owners of the creations. This technique is utilized as initial proof in legal proceedings involving copyright problems.
Rights Granted to Malaysian Copyright Holders
The Malaysian government has granted copyright holders several rights. Holders of intellectual property might be either individuals or other kinds of businesses in Malaysia. These rights cover legal, moral, and economic rights.
1. Economic Rights
These privileges are provided to the creator of the work so that they may communicate it to the public, reproduce it, perform it, distribute it, and lease it out for commercial purposes. Economic rights permit artists to profit financially from the utilization of their works for personal or professional endeavors.
2. Legal Rights
This enables any copyrighted creation produced in Malaysia to be protected by Malaysian copyright laws by the legitimate author, maker, or creator. The writer or creator of the work has the authority to pursue legal action against people who have violated copyright if there has been a violation.
3. Moral Rights
- Paternity Rights: This right gives the creator the ability to assert ownership of his creativity.
- Integrity Rights: This right enables the creator to stop others from distorting, mutilating, or otherwise altering the work they have created in ways that would materially damage the original composition and be detrimental to the author’s honor or image.
How to register for copyright in Malaysia?
It is not required by law to register for copyright in Malaysia. This is so that the person who created the original work may obtain rights to it after filing a claim. While copyright protection is automatically granted upon the production of a work, there are advantages to voluntarily registering with the Intellectual Property Corporation of Malaysia (MyIPO).
Copyright holders have two options for asserting ownership and ultimately requesting the appropriate IP safeguards from MyIPO: they can use a Statutory Declaration or submit a Voluntary Notification. Through this procedure, anyone can prevent the illegitimate usage of their material across all platforms.
Which items are protected by copyright in Malaysia?
Any piece of creative work that falls under one of the following seven headings is qualified for copyright protection in Malaysia.
- Literary Works
- Films
- Musical Works
- Artistic Works
- Broadcasts
- Derivative Works
- Sound Recordings
International Copyright Protection in Malaysia
As a signatory to international agreements governing copyright, Malaysia can defend its works domestically and overseas.
Berne Convention
Malaysia has ratified the Berne Convention for the safeguarding of Literary and Artistic creations. Original creations are automatically protected by copyright under the Berne Convention without any requirement for registration.
The following criteria have to be satisfied for an endeavor to naturally qualify for protection:
- The piece of creation has undergone enough effort to be given its unique identity.
- The creation has been documented, stored, or materialized in some way.
- The work was produced in Malaysia, the creator is a qualified individual, or Malaysia was the country where the work was originally published.
World Intellectual Property Organization (WIPO)
In its capacity as a WIPO member, Malaysia takes part in global initiatives to advance IP rights and harmonize copyright regulations.
How long is copyright protection valid?
In Malaysia, an author’s work is typically protected by copyright for their lifetime and an additional fifty years after their passing. It takes 50 years following the moment of publication for a creation such as a movie to be protected.
Copyright Violations as per the Copyright Act
By the Copyright Act of 1987, anyone who utilizes any works protected by copyright without the creator, copyright proprietor, or artist’s permission may be infringing.
The act of infringement involves the following:
- Reproduces in any way, puts on a performance, screens a play, or releases it for public consumption.
- Offers any unauthorized copy for sale or rental;
- Possession of any unauthorized copies outside of his personal and household usage.
- Imports something into Malaysia to trade it or make money.
- Displays any illegally obtained copy in a public setting.
Conclusion
Copyright protection in Malaysia is essential for fostering innovation, creativity, as well as economic expansion. A robust legal framework is provided by the Copyright Act to safeguard the rights of creators and copyright holders. By understanding the rights granted by copyright and how copyright can assist individuals to protect their creations from illicit use by others, individuals and organizations can effectively safeguard their intellectual property.
Want to know more about copyright protection in Malaysia? Reach out to our team at Odin Consultancy for prompt and reliable assistance. We’re glad to assist you with your queries and offer qualified advice catered to your need.
FAQ’s
Copyright protection in Malaysia is applied automatically after a work is created. Copyright holders have two options for asserting ownership and ultimately requesting the appropriate IP safeguards from MyIPO: they can use a Statutory Declaration or submit a Voluntary Notification.
In Malaysia, an author’s work is typically protected by copyright for their lifetime and an additional fifty years after their passing. It takes 50 years following the moment of publication for a creation such as a movie to be protected.
Since Malaysia has ratified the Berne Convention, all participating members of the convention will recognize any copyrighted works produced in the nation.
When any individual or organization uses a creation that has been granted copyright protection without the holder’s authorization, this is referred to as copyright infringement.
Copyright holders can seek redress in the form of restraining orders, losses, profit accounts, and the delivery up or removal of copies that have violated their rights. Additionally, the Copyright Act outlines criminal offenses and punishments for wilful infringement.
Copyright practised in Malaysia include economic, moral, and legal rights.
