Protect your work of art

Copyright is an Intellectual Property right attributed to the skill and labour of an individual in the creation and expression of an original idea and it protects original works such as literary, dramatic, musical and artistic works.

A collection of music can have separate copyrights for distinct tunes, sound recordings, craftsmanship, and so on. Whilst copyright can protect the work of art of your logo, you could additionally register the logo as a trademark.

Your copyright is automatically granted

  • Sufficient effort has been expended to make the work original in character
  • The work has been written down, recorded or reduced to a material form
  • The author is a qualified person, or the work is either made or first published in Malaysia

Protect your work of art

A collection of music can have separate copyrights for distinct tunes, sound recordings, craftsmanship, and so on. Whilst copyright can protect the work of art of your logo, you could additionally register the logo as a trademark.

Your copyright is automatically granted

  • Sufficient effort has been expended to make the work original in character
  • The work has been written down, recorded or reduced to a material form
  • The author is a qualified person, or the work is either made or first published in Malaysia

What are the benefits of owning a copyright?

The main advantage of owning a copyright, especially one to a piece of work that is commercially appealing is the earning potential in terms of royalties. Many authors, musicians and software writers have profited greatly by licensing their copyrights to other parties.

By understanding and using your copyright and related rights protection, you can:

  • Permit your copyright for use by others however hold the proprietorship.
  • Offer the copyright however hold the ethical rights.
  • Object if your work is distorted or mutilated.

Copyright step-by-step process

Copyright Protection

In Malaysia, copyright protection is provided under the Copyright Act 1987. There is no formal copyright registration process (due to automatic protection by virtue of Berne Convention) but in order to afford copyright owners more tangible protection, the author can now notify and deposit a copy of the work eligible for copyright with MyIPO. As such, proper documentation can be prepared to prove ownership.

 

Malaysia is a signatory of the Berne Convention and therefore, copyrighted work created in Malaysia would be recognized by each contracting member country of the Berne Convention. The list of members of the Berne Convention can be found on this website: http://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=15

Please be informed that works created in Malaysia are eligible for copyright not only in Malaysia but also in the member countries of the Berne Convention around the world, including the European Union, the United States, Australia, Japan, China, Korea, etc. Exploitation of creative works in foreign countries is thus possible for copyright owners in Malaysia

How intellect can help:

In Malaysia, protection for copyright owners is accorded under the Copyright Act 1987 which allows them to sue for damages in the event of infringement.

There is no formal registration system for copyrights in Malaysia as these are granted automatically. However, under Section 42 of the Copyright Act 1987, the owner can prepare a Statutory Declaration as a supporting document or file a Voluntarily Notification and deposit his/her copyrighted work with MyIPO.

We provide services in the preparation of Statutory Declaration for clients who wish to undertake this precautionary measure for their copyright protection.

  • Compilation of evidence of any infringing copyright materials
  • Research on copyright laws
  • Copyright anti-piracy advice
  • Copyright-related litigation support

Documents required for Copyright Recordation in Malaysia

The following documents are required irrespective of nationality:

  1. Copy of the works in material form i.e. on paper, CDs/DVDs, external hard disk, flash drive, or sim card;
  2. Copy of the respective company incorporation forms if Applicant is a company, or copy of identification card(passport for international applicant) in case of a natural person Applicant; and
  3. Copy of the Author’s identification card or passport.

Our Satisfied Client

Company NameLogoCopyright
Thurga’s industries Sdn. Bhd.Thurga’s Incense Sticks

Semlouis Enterprise Sdn. BhdAurat Sarung Kaki Wuduh
Chuan Sin Sdn. Bhd.Spritzer Love
Mula Car International Sdn. Bhd.Mula Android App
Musicmind Sdn. Bhd.My Music School

Frequent Asked Questions

What is copyright?

Copyright refers to the exclusive right granted to the copyright owner to control their work (e.g., reproduction, publication, performance, etc.). Copyright protects the original expression of ideas, not the ideas themselves.

Which areas of works are eligible for copyright protection?

The following works are eligible for copyright protection:

  • Literary works, including computer software
  • Musical works
  • Artistic works
  • Films, sound recordings, and broadcasts

What are the qualifications for a work to be protected under the Copyright Act 1987 in Malaysia?

Copyright subsists in every eligible work when it is created, provided that the author is a qualified person. The work must be original, and the author must have expended sufficient skill and effort to produce it. Additionally, the work must be fixed in a tangible medium, such as being written down or recorded.

What is not protected by copyright?

The following subject matter is not protected by copyright:

  • Ideas or concepts
  • Discoveries
  • Procedures
  • Methods
  • Works or other subjects that have not been made in tangible form (e.g., recording or writing)
  • Subject matter that is not of original authorship

How long does copyright last?

i) For literary, musical, and artistic works, copyright lasts for the life of the author plus 50 years after their death.
ii) For sound recordings, films, and broadcasts, copyright lasts for 50 years from the year following publication.
iii) For published editions, copyright lasts for 50 years from the year following the first publication.

How do I use a copyright symbol?

In practice, the © symbol is usually followed by the year the work was first made available and the name of the copyright owner. Occasionally, a statement indicating the terms of permitted use may accompany it. If the owner allows only limited use of their work, the phrase “All Rights Reserved” may be included after the symbol.

Interested to know more?

Chu Siew Siew

 

Tel: +60 12-493 0903

Email: sschu@intellect-worldwide.com

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Alex Neoh

 

Tel: +60 12-361 3100

Email: alex@intellect-worldwide.com

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Liang Pey Huey

 

Tel: +60 12-423 7100

Email: ipb01@intellect-worldwide.com

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