Malaysia Intellectual Property

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INTELLECTUAL PROPERTY - Copyright Law

Related Topics : Communications Law . Computer Law . Copyright Law . Patent Law . Trade Secrets . Trademark Law . Industrial Design

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WHAT IS COPYRIGHT ?

The subject matter of copyright is usually described as 'literary and artistic works,' that is, original creations in the fields of literature and arts. The form in which such works are expressed may be words, symbols, music, pictures, three-dimensional objects, or combinations thereof.

WHAT IS THE SYSTEM FOR REGISTRATION FOR COPYRIGHT IN MALAYSIA ?

Copyright protection in Malaysia is governed by the Copyright Act 1987. In Malaysia, there is no system of registration for copyright. The Copyright Act 1987 provides for the enforcement of the law by the Ministry of Domestic Trade and Consumer Affairs, specifically the Enforcement Division, apart from the Police. The Act also provides the necessary clout to the enforcement agencies to effectively carry out anti-piracy measures.

WHAT WORK IS ELIGIBLE FOR PROTECTION UNDER THE COPYRIGHT ACT 1987 ?

A work that is eligible is fulfillment of the following conditions :

Sufficient effort has been expended to make the work original in character.

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

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

Works eligible for protection are:

Literary works
Musical works
Artistic works
Films
Sound recording
Broadcasts
Derivative works
Published editions

WHO OWNS THE COPYRIGHT ?

A work vests initially in the author (writer, composer, maker of the work, etc.) is a copyright. However, where the making of a work is commissioned or where a work is made by and employee in the course of his employment, unless there is any contrary agreement, the copyright in the work shall be deemed to vest in the person who commissioned the work or the employer. The author's right is transferable by assignment testamentary disposition or by operation of law, in which case the assignee shall be the owner.

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Last Updated : Monday, 23 July 2001 - 09:30:14 PM EDT©1999-2000
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