COPYRIGHT (HAKCIPTA)

TENGKU NURHAFIZ B. TENGKU SHAHROM CE120262MUHAMMAD ZAIN FARHAN B. ABD HADI CE120038FATINAH BT ABDUL HALIM CE120061NUR RABIUL LIYANA BT MOHAMED CE120202NORHAFIDAH BT MOHD SALAN CE120159

What Is Copyright?

 Exclusive right given to the owner of a copyright for a specific period.

Copyright protection in Malaysia is governed by the Copyright Act 1987

A work that is eligible is protected automatically upon fulfillment of the following conditions:-

  Sufficient effort has been expected to make the

work original in character.

The work has been written down, recorded or reduced to a material form.

The author is qualified person or the work is made in Malaysia or the work is first published in Malaysia.

What Does Copyright Protect?

Works eligible for protection are;

literary works (karya sastera)musical works (karya muzik)artistic works (karya seni)Films (perfileman)Sound recordings (rakaman bunyi/suara)Broadcasts (karya terbitan)Derivative works (siaran)

LAWS OF MALAYSIAACT 332 COPYRIGHT ACT 1987

PART I – PRELIMINARY PART II - GENERAL PROVISIONS PART III - NATURE AND DURATION OF COPYRIGHT PART IV - OWNERSHIP AND ASSIGNMENT OF

COPYRIGHT PART IVA - COPYRIGHT LICENSING PART V - COPYRIGHT TRIBUNAL PART VI - REMEDIES FOR INFRINGEMENTS AND

OFFENCES PART VII - ENFORCEMENT PART VIII - MISCELLANEOUS

Who Owns Copyright?

Author (writer, composer, maker of the work, etc).

If the making of a work is made by an employee in the course of his employment, the copyright in the work shall be deemed to vest in the person who commissioned the work or the employer. (unless there is any contrary agreement)

The author's right is transferable by assignment, testamentary disposition or by operation of law, in which case the assignee shall be the owner.

COPYRIGHT SYMBOL

In practice, creators of a work use the copyright symbol (©) to indicate their copyright claim.

Some countries, it is compulsory to use the © symbol in order to be able to claim compensation under copyright law.

“The use of the symbol is highly recommended”

How long does copyright last?

(a) Literary, Musical or Artistic Works

- During the life of the author plus 50 years after his death.

- Not been published during the lifetime of the author, copyright in the work continues to subsist until the expiration of 50 years.

Sound Recordings Expiry of a period of 50 years computed from

the beginning of the calendar year next following the year in which the recording was first published.

If the sound recording has not been published, from the beginning of the calendar year following the year of fixation.

Broadcasts

Until the expiry of a period of 50 years computed from the beginning of the calendar year next following the year in which the broadcasts was first made.

Films

50 years computed from the beginning of the calendar year next following the year in which the film was first published or first made available to the public or made, whichever is the last.

Government Works

Expiry of a period of 50 years computed from the beginning of the calendar year next following the year in which the work was first published.

What Are The Legal Rights Of Copyright Owners?

Generally, owners of copyright works in literary, musical or artistic works, films and sound recordings have the exclusive rights to control:

The reproduction of the works in any form (photocopying, recording etc).

The performing, showing or playing to the public.

The communication to the public.

The distribution of copies to the public by sale or other transfer of ownership.

These exclusive rights apply irrespective of whether the works are copied partly or wholly.

Infringement of copyright occurs if the person claiming can show that the defendant has done such an act.

The burden of proof lies on the person claiming that his/her work has been infringed.

Example of Copyright Infringement

You have two MP3 files on your computer. One MP3 file is Taylor Swift’s “We Are Never Ever Getting Back Together”. The second MP3 file is “Tidal Wave”, by the Cool Dudes. The "Cool Dudes" is the name of your garage band.

You burn these two songs onto a CD. You listen to this CD in your car and on the CD player in your room. “Fair use” covers you, as you purchased the Taylor Swift song from iTunes.  And the other song, “Tidal Wave”, is one you wrote, yourself, and recorded with your band.

If you burn these two songs onto CDs and give them to friends, you would breach Taylor Swift’s copyright. However, since you wrote and performed on the recording by the “Cool Dudes”, that copyright would not be breached. It belongs to you.

The difference is clear. Two digital files: one created by Taylor Swift – one written by you and recorded by your band. You have the right to share the song you wrote and recorded. But you do not have the right to copy and share songs by Taylor Swift. See the difference?

Example of Copyright Infringement

If you share a software application you created - there is no infringement violation. The work/application is your own – to share as you wish. However, if you share a purchased copy of Microsoft Office 2010 or Call of Duty: Black Ops, you would be guilty of copyright infringement, as you did not create these items.

REGISTRATION SYSTEM FOR COPYRIGHT

“There is no registration for copyright in Malaysia. The work is protected

automatically upon creation”

The Ways to Prove Ownership of Copyright

Make a Statutory Declaration in accordance with the Statutory Declaration Act 1960

Self address the work in a sealed envelope

COPYRIGHT ENFORCEMENT

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

Q & A

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