THE ELEMENT OF COPYRIGHT

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Malaysian Copyright Law

Copyright Act 1987 The Act which outlines the mature of

copyrightable work, scope of protections and how the protection can be obtained.

The Act also provides sections on enforcement such as the power to enter a premise which is suspected to keep infringed articles and to investigate and to seize the pirated articles.

Protected Copyrightable Works

Section 7 of copyright Act (CA) :Copyright includes:- Literary works Musical works Artistic works Films Sound recordings Broadcasting

Types of Copyright

a. Literary Work

• Novels, stories, books, pamphlets, manuscripts, poetical works and other writings

• Plays, dramas, stage directions, film scenarios, broadcasting scripts, choreographic works and pantomimes

• Treaties, histories, biographies, essays and articles• Encyclopedias, dictionaries and other works of

reference• Letters, reports and memoranda• Lectures, addresses, sermons, and other works of

the same nature• Tables or compilations, whether or not expressed in

words, figures or symbols and whether or not in a visible form

• Computer programs

b. Artistic works

• A graphic work, photograph, sculpture or collage, irrespective or artistic quality

• A work of architecture being a building or a model for a building

• A work of artistic craftsmanship

Types of Copyright cont…

c. Musical Works

• Any musical works, and includes works composed for musical accompaniment

d. Films • Any fixation of a sequence of visual images on material of any description, whether translucent or not, so as to be capable by use of that material with or without assistance of any contrivance

• Of being shown as a moving picture or• Of being recorded on other material, whether

translucent or not by the use of which it can be so shown

e. Sound Recording

• Any fixation of a sound of sequence capable of being perceived aurally and of being reproduced by any means, but does not include a sound-track associated with a film

f. Broadcastings

• A transmission, by wire or wireless means, of visual images, sounds or other information, which is :

-capable of being lawfully received by members of the public -transmitted for presentation to members of the public and include the transmission of encrypted signals where the means for decrypting are provided to the public by the broadcasting service or with its consent

Types of Copyright cont…

1. ORIGINALITY2. REDUCE TO MATERIAL FORM3. WORK IS CATEGORIZED BY

THE ACT4. QUALIFIED

Element of Protection

ORIGINALITY

Works must be original Not mean novel or newness But if it is not copied and emanates

from the author. S.7(4) CA Expanded sufficient effort to make

the works original in nature. S.7(4) CA

SECTION 7(3)(a) CA There must be sufficient effort

REDUCE TO MATERIAL FORMCopyright work must be written down, recorded or otherwise reduced to material form.S.7(3):A literary, musical or artistic work shall not be eligible for copyright unless –a) Sufficient effort has been expanded to

make the work original in character; andb) The work has been written down, recorded

or otherwise reduced to material form.

REDUCE TO MATERIAL FORM cont…

Material Form:Material form is defined as includes any form (whether visible or not) of storage from which the work or derivative work, or a substantial part of the work or derivative work can be reproduced.S. 7(2A) CA:Copyright protection shall not extend to any idea , procedure, method, of operation or mathematical concept as such.

WORK IS CATEGORIZED BY THE ACT

The protection of copyright works only covered the works that be categorized by the Act. Literary works Musical works Artistic works Films Sound recordings Broadcasting

QUALIFIED

Section 10 CA:To make the copyright works to be protected, the work must fulfill only one of the requirements:-Section 10(1) & Section 3 CA:The author is a citizen of Malaysia or permanent resident of MalaysiaSection 10(1)(a)(b)(c) CA:The work is published in Malaysia

QUALIFIED Cont…

Section 10(3) CA:The work is made in Malaysia.Section 11(1) CA:The work is made by or under the control of Malaysia Government.Section 59 CA:A citizen or permanent resident of a country which is a member of a treaty.

QUALIFIED Cont…

Berne Convention (1st October 1990): Citizen/permanent resident of

Malaysia/Berne Convention countries.

Publish in Malaysia/Berne Convention countries.

Made in Malaysia/Berne Convention countries.

Duration of Copyright

Exclusive rights for a limited period

Copyright does not exist in perpetuity

Life and shall continue to subsist until the expiry of a period of 50 years after his death.(2000 Amendment)

If the work has not been published during the lifetime of the author, copyright in the work continue to subsist until the expiration of 50 years, following the year in which the work was first published.

In the case of a work with joint authorship, the life of author who dies last is used for the purpose calculating the copyright duration of the work.

Exclusive Rights of The Owner

Section 13(1) CA : Reproduce the work in any material

form Communicate to the public Perform, show or play to the public Distribute copies to the public by

sale or other transfer of ownership Rent commercially to the public of

the whole work or a substantial part thereof, either in its original or derivative form

Reproduction Rights

Section 13(1)(a) CA :Reproduction in any material formExample : making film from novel.

Owner has a right to :Make copies of workIn any form of versionNot restricted to direct copying

Owner of Copyright Works

Author:

Section 26(1)CA :Author is the first owner;

for example a programmer, music composer, a book or script writer or anyone who creates a copyrightable works.

Employer or Commissioner

Section 26(2)(a)(b) CA :

For a work which is created under commissioned or in the course of employment then the ownership belongs to the commissioner or employer

Case : JOHN KENNETH CARPENTER V NAIM LAND SDN BHDJanuary 29th, 2013. Plaintiff an Australian was employee of Naim Land Sdn Bhd from 2007 until 2010. Upon his dismissal the plaintiff received cash compensation in lieu of his notice period, his annual leave of 18 days and the salary he was receive till the end of his contract period. Further, the plaintiff claimed to have authored a procedure manual for the defendant called the Naim Standard Manual. However, the high court stated that as the plaintiff’s had neither claimed for reinstatement nor for back wages or termination benefits, the plaintiff’s claims for seeking damages for being unceremoniously booted out of the company had been rightly filed in civil court. On such grounds, the high court struck out the plaintiff’s claim as being unsustainable.

Infringement of Copyright

Direct infringement Indirect infringement - It is an infringing act for any person to import without consent or license an article into Malaysia for commercial purpose where he knows that the making of the articles as carried out without consent or license from the owner of the performer’s rights.

Infringement of Copyright cont..

Solution if there is an infringement : copyright owner shall lodge an official

complaint supported by necessary document to the Enforcement Division of the Ministry of Trade and Consumer Affair if they suspect infringement.

Immediate action will be taken by the said ministry

The Division will conduct the necessary investigation and prosecution

Copyright on The Internet Why we need protection? The transformation of ordinary copyright works

to a digitized from develops new issues in this area.

Text documents, photographs, music films and computer programs are just some broad instances of works that can be manipulated easily through digitization technology.

By utilizing the same technology, the free riders will have the opportunity to create the same intangible goods without obtaining authorization from the real owner of the copyright works.

Malaysia Copyright Case

Case : MEGNAWAY ENTERPRISE SDN BHD V SOON LIAN HOCK

Plaintiff manufactures and markets security systems for cars with brand THEF-PRO. It has developed and has drawings of all elements in the system. Soon Lian Hock started selling metal elements of the systems which are identical to those of the plaintiff’s drawing. This is the reason why Megnaway Ent. Sdn Bhd accused Soon Lian Hock in violation of copyright. In its decision the high court accepted that the controversial drawings of the metal elements are copyright as author showed enough creative effort.

Conclusion

So, the 4 element of copyright can be used to claim if the author material are misused by other parties. Malaysian copyright act 1987 is very good in order to protect our local material. But, government has put some law regarding to this issue but still this copyright issue has its place in our country. People in this country are lack of awareness about the copyright issue. So, we should know that all of material produced are protected and it cannot be easily taken or copyright by others without permission.

THANK YOU GUYS