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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 THE DURATION OF THE COPYRIGHT ?

Generally, copyright subsist during the life of the author plus 50 years after his death. However, if a work has not been published during the life time 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 the author who dies last is used for the purpose of calculating the copyright duration of the work.

WHEN IS A COPYRIGHT WORK CONSIDERED INFRINGED ?

The copyright in a work is infringed when a person who, not being the owner of the copyright, and without license from the owner, does or authorizes any of the following acts :
  1. Reproduces in any material form, performs, shows or plays or distributes to the public, communicates by cable or broadcast of the whole work or a substantial part thereof either in its original or derivative form
  2. Imports any article into Malaysia for the purpose of trade or financial gains
  3. Makes, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy
  4. Sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy
  5. Distributes infringing copies
  6. Possesses, otherwise than for his private and domestic use, any infringing copy
  7. By way of trade, exhibits in public any infringing copy
  8. Imports into Malaysia, otherwise that for his private and domestic use any copy which if it were made in Malaysia would be an infringing copy
  9. Makes or has in the possession any contrivance used or intended to be sued for the purposes of making infringing copies or
  10. Causes the work to be performed in public
The doing of (i) and (ii) above are termed as direct infringement and is actionable at the suit of the owner.

The doing of (iii) to (x) are termed as indirect infringement and attract criminal sanction and enforceable by the Ministry of Domestic Trade and Consumer Affairs.

WHAT ARE THE LEGAL RIGHTS OF COPYRIGHT OWNERS ?

Generally, owner of copyright works have the exclusive right to :

WHAT TO DO IF THERE IS AN INFRINGEMENT ?

Copyright owners shall lodge an official complaint supported by the necessary document to the Enforcement Division of the Ministry of Domestic Trade and Consumer Affairs if they suspect infringement. Immediate action will be taken by the said authority. The Division will conduct the necessary investigation and prosecutions.

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