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| COPYRIGHT | Print | |
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1) What is copyright?
A copyright refers to the exclusive rights granted to the copyright owner to control the work i.e. reproduce, make, publish, perform in public, broadcast etc. A copyright only protects the original expression of ideas, not the ideas themselves.
2) Which areas of works are eligible for copyright?
A copyright protects the following list of works:
- literary works including computer softwares - musical works - artistic works - films, sound recording and broadcasting
3) What are the qualifications for work to be protected under the Copyright Act 1987 in Malaysia?
Copyright protection applies to a piece of work if it is:
- original - shows sufficient effort that has been expended to make it original - written down, recorded and reduced to material form This is provided that the author is a qualified person, or the work is made or is first published in Malaysia.
4) Must I apply to the relevant authorities for copyright protection?
In Malaysia, copyright ownership is automatic the moment the work is reduced into writing or other material forms. There are no legal requirements for registration.
5) Since there is no registration system for copyright in Malaysia, how do I prove that I am the copyright owner of my work?
Section 42 of the Copyright Act 1987 provides that a copyright owner can execute a document known as the Statutory Declaration stating that he is the original author of the works. This declaration will serve as a supporting document and admissible evidence in any infringement proceedings.
6) How long does a copyright last?
A copyright subsists during the life time of the author plus 50 years after his death or 50 years after the work is published, made, or made available to the public, depending on the type of copyrighted work.
7) When does an infringement of copyright occur?
A copyright infringement occurs when any activities under the exclusive control of the copyright owner are conducted without his consent or license, such as reproduction, transmission or distribution of the work; performing, playing or showing the work to the public.
8) What are the remedies for infringement of copyright?
Under Section 37 of the Copyright Act 1987, a copyright infringement is actionable by a suit brought by the copyright owner. The court may award damages or account of profits, and may grant an injunction to prevent further infringement.
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