Copyright Basic

COPYRIGHT BASIC

Definition of Copyright

Copyright is the exclusive right to control creative works created by the author, copyright owner and performer for a specific period governed under the Copyright Act 1987.

Works Eligible for Copyright

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

Duration of Copyright

Literary, Musical or Artistic Works
Generally, this categories of copyright work reflects to the human beings which shall subsist during the life of the author plus 50 years after his death.
Film, Sound Recordings and Performer
This categories of copyright work shall subsist for 50 years from the work was published, fixed in a fixation for the film and sound recording. For performer, the copyright work shall subsist from the performances was perform or fixation in a sound recording.
Broadcasts
For the copyright in broadcasts, it protection occurred in way of transmission either by wire or wireless means, the period for fifty years shall be computed from the which the broadcasts was first made.

The Rights of Copyright Owners

Legal Rights
Author, copyright owner and performer is given an exclusive right to control under the copyright law. Legal rights that are given to them includes the rights to enforce their copyrighted works in cases for infringement either by civil or criminal action. In term of criminal prosecution, it is conducted by the Enforcement Division of Ministry of Domestic Trade, Cooperative and Consumerism (MTDCC) or Royal Malaysian Police.
Economic Rights
Economic rights that are given to rightholders includes rights of reproduction, rights of communication to public, rights to perform, showing or playing to the public, rights of distribution and rights of commercial rental. This rights can be exercised during the period of protection governed under Copyright Act 1987. Economic rights allows the owner of rights to derive financial reward from the use of his works by the user or commercial purposes. Form of economic rights can be by way of assignment, licensing and testamentary disposition.
Moral Rights
- Paternity Rights
  This rights allows the author to claim the originality rights of his or her creation.
- Integrity Rights
  This right authorizes the author to prevent any users from distortion, mutilation or other modifications of his or her works whereby the result of the modification will significantly alter the original work and adversely affect the author’s honor or reputation.

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. Amongst the act of infringement includes:

reproduces in any material form, performs, shows or plays or distributes to the public,
imports any article into Malaysia for the purpose of trade or financial gains;
makes for sale or rent any infringing copy;
sells, rent or by way of trade, exposes or offers for sale or rent any infringing copy;
distributes infringing copies;
possesses, otherwise than for his private and domestic use, any infringing copy;
exhibits in public any infringing copy by way of trade;
makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies