What does Copyright cover?
Literary works, musical works, artistic works, films, sound recordings, broadcasts and published editions of works.
Immoral or obscene works and illegal works are not protected.
Where does computer software or programs come under?
Literary works.
What are the conditions of copyright?
Generally, there are 3 conditions.
- sufficient effort has been expended;
- the work has been written down, recorded or reduced to material form; and
- the completed work is done by Malaysian citizen or permanent resident, and is created or published in Malaysia.
Who owns the copyright?
The person who produced the work.
In the case of a commissioned work, the employer or person who commissioned the work.
How to register my copyright?
No registration is needed in Malaysia. Copyright protection is automatic. You can place a copyright notice to the work.
In Malaysia, copyright owner may choose to make a Statutory Declaration to indicate the completion date and to adduce evidence of the completed work.
Please give an example of the Copyright Notice.
Copyright, Year of work first published, Name of owner, e.g. © 2006 Lim Chong Chuan & Associates Sdn Bhd.
How long is the copyright protection period?
The life of the author + 50 years after his death.
50 years from the publication date, if the work is published after the death of author; or if the work is published under a pen name.
What is the basis of copyright infringement?
Copying the whole work or a substantial part of the work with a photocopier, a scanner or a computer.
What should I do if my work has been infringed?
Contact the Enforcement Unit of the Domestic Ministry of Trade and Consumer Affairs. They would require an affidavit, the alleged infringing copy and the exact address where infringement is carried out.
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