Sunday, 2 October 2011

The COPYRIGHTS ISSUE in Malaysia




Here's some of the FAQ about copyright. All crafters & artists, pls take note of your rights & rights of others. Remember, NOT KNOWING THE LAW is no defence if you break it.

1.    What is copyright?
        Copyright is the exclusive right given by law for a determinable time period to the author of the work to control the use of the work in Malaysia.

2.    Which Act governs the protection of copyright in Malaysia?
       Copyright protection is governed by the Copyright Act 1987.

3.    What works get copyright protection?
       The following works are protected:-
           (i)    Literary works;
          (ii)    Musical works;
         (iii)    Artistic works;
         (iv)    Films;
          (v)    Sounds recordings;
         (vi)    Broadcasts; and
        (vii)    Derivative works.

4.    Does Malaysia have a registration system for copyright?
       There is no registration for copyright in Malaysia.
       The work is protected automatically upon creation.
 
5.    What are the ways to prove ownership of copyright?
        To prove ownership of copyright, the owner can either:-
       (i)    Make a Statutory Declaration in accordance with the Statutory Declaration Act 1960; or
       (ii)   Self address the work in a sealed envelope.

6.    What are the qualifications for protection of copyright?
        (i)    Sufficient effort has been expanded to make the work original in character;
       (ii)    The work has been written down, recorded or otherwise reduced into material form;
      (iii)    The author is a qualified person; and
      (iv)    The work is made in Malaysia or the work is first published in Malaysia.

7.    How owns copyright?
       Ownership of copyright is dependent on the following:-
       (i)    The work is produced under a contract of service
               - Copyright is owned by the employer.

      (ii)    The work is produced by the author
               - Copyright is owned by the author.

     (iii)    Commissioned work   
               - Copyright is owned by the person who commissioned the work.

8.    Can copyright be transferred?
       Copyright is transferable by assignment, testamentary disposition and by operation of law.

9.    Other than the commercial right of the owner and author of the work, what other right is given to the author of the work?
      
The Copyright Act 1987 grants moral right to the author of the works.


MORAL RIGHTS?  read further..
Source :  http://www.myipo.gov.my/en/faq/faq.html

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