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A literary work includes novels, plays, and computer programs.
A literary work includes novels, plays, and computer programs.
True
Dramatic works are not considered part of literary works.
Dramatic works are not considered part of literary works.
False
A work must be in material form to be eligible for copyright.
A work must be in material form to be eligible for copyright.
True
Encyclopedias and dictionaries are excluded from being considered literary works.
Encyclopedias and dictionaries are excluded from being considered literary works.
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The quality of a literary work affects its eligibility for copyright protection.
The quality of a literary work affects its eligibility for copyright protection.
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Copyright subsists in engineering drawings.
Copyright subsists in engineering drawings.
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A sound recording includes the sound-track associated with a film.
A sound recording includes the sound-track associated with a film.
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A broadcast can only transmit visual images and sounds that are not authorized for public reception.
A broadcast can only transmit visual images and sounds that are not authorized for public reception.
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The definition of 'film' includes sound that is embodied in any sound-track associated with it.
The definition of 'film' includes sound that is embodied in any sound-track associated with it.
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Indirect copying of an engineering drawing does not constitute copyright infringement.
Indirect copying of an engineering drawing does not constitute copyright infringement.
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The term 'communication to the public' refers to the transmission of a work solely through printed means.
The term 'communication to the public' refers to the transmission of a work solely through printed means.
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An author has exclusive rights to control communication to the public via technological measures.
An author has exclusive rights to control communication to the public via technological measures.
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Musical works are defined to include compositions only and exclude lyrics.
Musical works are defined to include compositions only and exclude lyrics.
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Artistic works do not include any form of photography.
Artistic works do not include any form of photography.
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A graphic work includes diagrams, maps, and chart.
A graphic work includes diagrams, maps, and chart.
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Circumventing technological measures used by authors is legal under the copyright law.
Circumventing technological measures used by authors is legal under the copyright law.
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A sculpture is categorized under artistic works definitions.
A sculpture is categorized under artistic works definitions.
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The Layout-Designs of Integrated Circuits Act 2000 includes artistic craftsmanship under its definitions.
The Layout-Designs of Integrated Circuits Act 2000 includes artistic craftsmanship under its definitions.
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Copyright exists only if there is a written expression of instructions at the time of alleged infringement.
Copyright exists only if there is a written expression of instructions at the time of alleged infringement.
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Computer software is categorized as hardware under copyright law.
Computer software is categorized as hardware under copyright law.
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Object code is recognized as a literary work under copyright law.
Object code is recognized as a literary work under copyright law.
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The underlying software code of a computer program is protected as a literary work.
The underlying software code of a computer program is protected as a literary work.
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Audiovisual aspects of software programs are not protectable under copyright law.
Audiovisual aspects of software programs are not protectable under copyright law.
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Creative Purpose SB & Anor v. Integrated Trans Corp SB & Ors was the first case in Malaysia to discuss computer program copyrights.
Creative Purpose SB & Anor v. Integrated Trans Corp SB & Ors was the first case in Malaysia to discuss computer program copyrights.
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A person improving a computer program is entitled to copyright protection for the original version as well.
A person improving a computer program is entitled to copyright protection for the original version as well.
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Source code is not considered a literary work under copyright laws.
Source code is not considered a literary work under copyright laws.
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A detailed script of the stage play was available, making it easy to show similarities in the plots.
A detailed script of the stage play was available, making it easy to show similarities in the plots.
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A computer program is defined as a set of instructions intended to perform a function, expressed in a programming language.
A computer program is defined as a set of instructions intended to perform a function, expressed in a programming language.
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The quality of a work is considered important for copyright eligibility of literary works according to the Copyright Act.
The quality of a work is considered important for copyright eligibility of literary works according to the Copyright Act.
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A literary work is not eligible for copyright if it does not fulfill the requirements of the Copyright Act.
A literary work is not eligible for copyright if it does not fulfill the requirements of the Copyright Act.
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In the Creative Purpose case, sufficient effort must be expended on a work to meet the standard of originality for computer programs.
In the Creative Purpose case, sufficient effort must be expended on a work to meet the standard of originality for computer programs.
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The expression of instructions in a computer program does not need to serve a particular purpose.
The expression of instructions in a computer program does not need to serve a particular purpose.
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The term 'computer program' in the legal context excludes any form of expression that does not involve code or notation.
The term 'computer program' in the legal context excludes any form of expression that does not involve code or notation.
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The Australian case of Autodesk Inc v. Dyason addressed issues related to the definition of a computer program.
The Australian case of Autodesk Inc v. Dyason addressed issues related to the definition of a computer program.
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Computer software programs are protected under
copyright law as literary work.
Computer software programs are protected under copyright law as literary work.
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Study Notes
Categories of Copyright Work
- Section 7(1) outlines the works eligible for copyright
- Literary works are eligible
- Musical works are eligible
- Artistic works are eligible
- Films are eligible
- Sound recordings are eligible
- Broadcasts are eligible
Literary Works
- "Literary work" encompasses a wide range of written works
- Includes novels, stories, books, pamphlets, manuscripts, poems, plays, dramas, stage directions, film scenarios, broadcasting scripts, choreography, histories, biographies, essays, articles, encyclopedias, dictionaries, letters, reports, memoranda, lectures, addresses, sermons, tables, compilations, and computer programs
- Copyright applies regardless of quality or merit
- Peterson J in University of London Press v University of Tutorial Press [1916] 2 Ch 601 provides relevant case law
- A literary, musical, or artistic work is not eligible for copyright unless written down, recorded, or otherwise reduced to material form.
Literary Works - Dramatic Works
- Plays, dramas, stage directions, and film scenarios, broadcasting scripts, choreography, or pantomimes fall under dramatic works
- Mohd Ramly @ Dzulkifli b. Ismail v Sarimah Film Production Sdn. Bhd [1984] 1 CLJ 105
- The case highlights the importance of detailed scripts for demonstrating substantial similarities in plots, scenes, and incidents when comparing different works.
Literary Works - Computer Programs
- Section 3 defines "computer program" as a set of instructions expressed in any language, code, or notation.
- These instructions can cause a device to perform a particular function directly or after conversion.
- Creative Purpose Sdn. Bhd v. Integrated Trans Corp Sdn. Bhd [1997] 2 MLJ 429
- Autodesk Inc v. Dyason (1991-1992) 22 IPR 163
- Ibcos Computers Ltd v. Barclays Mercantile Highland Finance Ltd [1994] FSR 275
- Originality in computer programs is judged by the amount of effort expended, making the work "original" and reduced to material form
Originality
- Similar originality threshold for literary works and computer programs
- Creative Purpose case illustrates that a work's quality is not crucial
- To be eligible for copyright, the work must fulfill the requirements of subsection (3) of Section 7(2) of the Copyright Act 1987
Computer Programs - Definition and Scope
- The copyright Act S.3 defines 'Computer programme'.
- Data Express Corporation v Powerflex Services Property Ltd (1999) 45 IPR 353
- Autodesk Inc. v. Dyason
Computer Programs - Hardware and Software
- The "software" refers to the computer program itself, whereas the "hardware" is the computer's components.
- Copyright covers the initial program, source code, and object code
- Source code is a literary work eligible for copyright.
- Object code (sequence of electrical impulses) may not be protected
Computer Software - Protection and Registration
- Computer software programs are protected under copyright law as literary works
- Software programs are written in codes
- Visual, audio or other aspects are protected as a literary work
- Audio visual aspects remain protectable, even if software is registered as literary work
Computer Software Position in Malaysia
- Creative Purpose SB & Anor v. Integrated Trans Corp SB & Ors [1997] 2 MLJ 429 case is the first Malaysian case on computer software copyright
- The case investigated the nature and scope of copyright protection over computer programs, focusing on the improvement of programs
Electronic Publishing
- Communication to the public (wire/wireless)
- Includes Internet, online services
- Applies to works broadcasted,sound recordings, films
Copyright Protection - Communication to the Public
- Copyright protection extends to controlling communication to the public through any means, including wires or wireless technologies.
- This right now covers circumventing technological measures.
- Authors have the right to control usage via technological measures
- Removing or altering electronic rights management information is disallowed.
Musical Works
- Musical work definition and scope
- Includes composed works, lyrics and accompanying works, folklore
Artistic Works
- Definition of "artistic work" (graphic work, architecture, craftsmanship)
- Excludes layout designs
- Graphic works encompass paintings, drawings, diagrams, maps, charts, plans, engraving, etching, lithography, or woodcuts
- Quality of artistic work is irrelevant
- Photo and sculpture are artistic works
Films
- Films: Fixation of visual imagery on material, with moving picture capability.
Sound Recording
- Fixation of sound patterns (not including soundtracks for films)
Broadcasts
- Broadcasts: Transmitting information (visual, audio) which can be lawfully received.
- Includes encrypted transmissions if decryption mechanisms are provided by the broadcaster.
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Description
Explore the various categories of works eligible for copyright protection, including literary, musical, artistic works, and more. This quiz also delves into the specifics of what constitutes a literary work and relevant case law. Test your knowledge on copyright categories and their significance in creative endeavors.
