COPYRIGHT

(HAKCIPTA)
TENGKU NURHAFIZ B. TENGKU SHAHROM
MUHAMMAD ZAIN FARHAN B. ABD HADI
FATINAH BT ABDUL HALIM
NUR RABIUL LIYANA BT MOHAMED
NORHAFIDAH BT MOHD SALAN

CE120262
CE120038
CE120061
CE120202
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 MALAYSIA
ACT 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 Swifts
We Are Never Ever Getting Back Together. The second MP3 file is
Tidal Wave, by the Cool Dudes.The"CoolDudes"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 Swifts 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
ofMicrosoft Office 2010orCall 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

THANK YOU