Copyright is the protection granted to authors, copyright owners, and performers of copyrighted works under the Copyright Act 1987. Eligible intellectual property works include:
Literary works
Musical works
Artistic works
Films
Sound recordings
Broadcasts
Published editions
These works are protected regardless of their quality or purpose. However, copyright only applies to the expression of ideas and not to the ideas, procedures, methods of operation, or mathematical concepts themselves. Unauthorized use of copyrighted works without the permission of the author, copyright owner, or performer constitutes an infringement under the Copyright Act 1987.
Acts of Copyright Infringement:
Reproducing copyrighted works in any material form and distributing to the public.
Importing infringing copies of copyrighted works into Malaysia for non-personal use.
Producing infringing copies for sale or rental to the public.
Selling, renting, distributing, displaying, or offering for sale infringing copies.
Possessing infringing copies for trade purposes beyond permitted personal use.
Exhibiting infringing copies for public commercial purposes.
Duration of Copyright Protection
Literary, Musical, and Artistic Works:
Lifetime of the creator + 50 years after their death.
Films, Sound Recordings, and Performances:
50 years from the date of publication or fixation.
Broadcasts:
50 years from the first broadcast.
Rights of Copyright Owners
Legal Rights:
Creators, copyright owners, and performers have exclusive rights to enforce their works against infringement through civil or criminal proceedings. Criminal enforcement is managed by the Ministry of Domestic Trade and Consumer Affairs (KPDNKK) or the Royal Malaysia Police.
Economic Rights:
Includes reproduction, public performance, distribution, and commercial rental rights. These rights allow copyright owners to gain financial rewards from the commercial use of their works. Economic rights can be obtained through assignment, licensing, or wills.
Moral Rights:
Right of Attribution: The author can claim credit for their work.
Right of Integrity: The author can prevent alterations or modifications that may harm their reputation or the integrity of the work.