1) |
What is a copyright? |
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Copyright basically refers to the exclusive rights granted to the copyright owner to control over the work i.e. reproduce, make, publish, perform in public, broadcast etc. Copyright only protects the original expression of ideas, not the ideas themselves. |
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2) |
Which areas of works are eligible for copyright? |
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The following works shall be eligible for copyright : |
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Literary works including computer software |
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Musical works |
| c) |
Artistic works |
| d) |
Films, sound recording and broadcasting |
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3) |
What are the qualifications for work to be protected under the Copyright Act 1987 in Malaysia ?
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Copyright subsists in every work eligible for copyright when the work is made and the author must be a qualified person. The work must be original, shows sufficient effort has been expended to produce/create the work, and has been written down, recorded or reduced to material form. |
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4) |
Must I apply to the relevant authorities for copyright protection ? |
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In Malaysia, copyright arises automatically as soon as the work is reduced to writing or other material forms and there are no legal requirements for registration. |
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5) |
Since there is no registration system for copyright in Malaysia, how do I prove that I am the copyright owner of my work ? |
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Under Section 42 of the Malaysian Copyright Act 1987, the copyright owner can execute a document known as the Statutory Declaration stating that he is the original author of the works. This declaration will serve as a supporting document and will become admissible as evidence in any infringement proceedings. |
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6) |
How long does a copyright last ? |
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Basically copyright subsists during the life time of the author plus 50 years after his death or 50 years after the publication of, making, or be made available to the public depending on the types of copyright work. |
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7) |
When does an infringement of copyright occur ? |
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An infringement occurs when any of the activities under the exclusive control of the copyright owner are conducted without his/her license or consent, i.e. reproduction in the material form, transmission or distribution of the work, performing, playing or showing the work to the public etc. |
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8) |
What are the remedies for infringement of copyright ? |
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According to Sec. 37 of the Copyright Act 1987, infringement of copyright is actionable by a suit brought by the owner of the copyright. The court may award damages or account of profits, made delivery up of the infringement article and may grant an injunction to prevent further infringement. |
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