Podcast
Questions and Answers
A literary work includes novels, plays, and computer programs.
A literary work includes novels, plays, and computer programs.
True (A)
Dramatic works are not considered part of literary works.
Dramatic works are not considered part of literary works.
False (B)
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 (A)
Encyclopedias and dictionaries are excluded from being considered literary works.
Encyclopedias and dictionaries are excluded from being considered literary works.
The quality of a literary work affects its eligibility for copyright protection.
The quality of a literary work affects its eligibility for copyright protection.
Copyright subsists in engineering drawings.
Copyright subsists in engineering drawings.
A sound recording includes the sound-track associated with a film.
A sound recording includes the sound-track associated with a film.
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.
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.
Indirect copying of an engineering drawing does not constitute copyright infringement.
Indirect copying of an engineering drawing does not constitute copyright infringement.
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.
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.
Musical works are defined to include compositions only and exclude lyrics.
Musical works are defined to include compositions only and exclude lyrics.
Artistic works do not include any form of photography.
Artistic works do not include any form of photography.
A graphic work includes diagrams, maps, and chart.
A graphic work includes diagrams, maps, and chart.
Circumventing technological measures used by authors is legal under the copyright law.
Circumventing technological measures used by authors is legal under the copyright law.
A sculpture is categorized under artistic works definitions.
A sculpture is categorized under artistic works definitions.
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.
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.
Computer software is categorized as hardware under copyright law.
Computer software is categorized as hardware under copyright law.
Object code is recognized as a literary work under copyright law.
Object code is recognized as a literary work under copyright law.
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.
Audiovisual aspects of software programs are not protectable under copyright law.
Audiovisual aspects of software programs are not protectable under copyright law.
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.
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.
Source code is not considered a literary work under copyright laws.
Source code is not considered a literary work under copyright laws.
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.
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.
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.
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.
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.
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.
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.
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.
Computer software programs are protected under
copyright law as literary work.
Computer software programs are protected under copyright law as literary work.
Flashcards
What are Literary Works?
What are Literary Works?
Literary works encompass a wide range of written, printed, or recorded pieces with creative expression. This includes novels, plays, poems, articles, computer programs, and more.
What is NOT considered a Literary Work?
What is NOT considered a Literary Work?
Under the Copyright Act, a literary, musical or artistic work is not eligible for copyright unless it is written down, recorded or otherwise reduced to material form. This means the work must have a tangible expression.
What are some examples of literary works?
What are some examples of literary works?
Literary works include novels, stories, plays, screenplays, scripts, poems, essays, articles, reference works, letters, reports, speeches, computer programs, tables, and compilations.
What are examples of dramatic works?
What are examples of dramatic works?
Dramatic works include plays, dramas, stage directions, film scenarios, broadcasting scripts, choreographic works, and pantomimes.
Signup and view all the flashcards
Why are dramatic works considered Literary Works?
Why are dramatic works considered Literary Works?
Dramatic works are considered literary works because they are written, contain dialogue and stage directions, and involve creative expression through performance. These elements showcase the creative originality of the work.
Signup and view all the flashcards
Copyright Protection for unwritten computer programs
Copyright Protection for unwritten computer programs
Copyright does not apply to computer programs unless a written expression of that program exists. This means that even if someone infringes on a computer program, there is no copyright infringement if the program was not written down.
Signup and view all the flashcards
What is computer program?
What is computer program?
A computer program is a set of instructions that tells a computer what to do. It includes the source code (human-readable instructions) and the object code (machine-readable instructions).
Signup and view all the flashcards
Source Code vs. Object Code
Source Code vs. Object Code
Source code is the human-readable form of a computer program, written in programming languages. Object code is the machine-readable version, converted from source code.
Signup and view all the flashcards
Copyright Protection for Source Code
Copyright Protection for Source Code
Source code is considered a literary work and is protected by copyright law. This means that copying or distributing source code without permission is illegal.
Signup and view all the flashcards
Object Code Copyright
Object Code Copyright
In some cases, object code may not receive copyright protection because it is considered a sequence of electrical impulses, not a literary work.
Signup and view all the flashcards
Copyright Protection for Software
Copyright Protection for Software
Software programs are protected by copyright law as literary works. This includes the underlying code as well as any visual or audio aspects of the program.
Signup and view all the flashcards
First Malaysian Software Copyright Case
First Malaysian Software Copyright Case
The case of Creative Purpose SB & Anor v. Integrated Trans Corp SB & Ors established the legal framework for copyright protection of software in Malaysia.
Signup and view all the flashcards
Copyright for Software Improvements
Copyright for Software Improvements
The person who makes improvements to an existing software program is only entitled to copyright protection for the improved version, not the original program.
Signup and view all the flashcards
What is a 'computer program'?
What is a 'computer program'?
A 'computer program' is defined as an expression in any language, code, or notation, consisting of a set of instructions intended to make a device with information processing capabilities perform a specific function. This function can be directly executed or after being converted to another language, code, or notation, or being reproduced in a different material form.
Signup and view all the flashcards
What is the requirement for a computer program to be eligible for copyright?
What is the requirement for a computer program to be eligible for copyright?
A computer program is eligible for copyright if 'sufficient effort' has been expended on it to render the work 'original' and the work is 'reduced to material form.'
Signup and view all the flashcards
What is 'originality' in relation to computer programs?
What is 'originality' in relation to computer programs?
The threshold of originality for computer programs is likely to be similar to that of literary works. This means the program must demonstrate some degree of independent creation or a unique expression of ideas.
Signup and view all the flashcards
What is the importance of the 'expression' in a computer program?
What is the importance of the 'expression' in a computer program?
The definition of a computer program requires not just a set of instructions but also an 'expression' of those instructions. This means the particular way the instructions are written or coded is crucial.
Signup and view all the flashcards
What is the purpose requirement for a computer program?
What is the purpose requirement for a computer program?
The expression of instructions in a computer program must also be designed to achieve a particular purpose. It's not just a random set of instructions but a structured code with a specific goal.
Signup and view all the flashcards
What is the significance of the 'Autodesk Inc. v. Dyason' case?
What is the significance of the 'Autodesk Inc. v. Dyason' case?
This case examined whether a specific program, either in a lock or AutoCAD itself, met the definition of a 'computer program.' It emphasized the importance of the phrase 'expression, in any language, code, or notation of a set of instructions' in determining if something qualifies as a computer program.
Signup and view all the flashcards
What is the significance of the 'Creative Purpose' case?
What is the significance of the 'Creative Purpose' case?
This case established that while the quality of a work is not considered in determining copyright eligibility, a literary work must meet the requirements of originality and being reduced to material form to be eligible for copyright. This principle also applies to computer programs.
Signup and view all the flashcards
What is the significance of the 'Data Express Corporation v Powerflex Services Property' case?
What is the significance of the 'Data Express Corporation v Powerflex Services Property' case?
This case further emphasized that the 'expression' of a set of instructions in a computer program must be designed to achieve a particular purpose. It highlighted that simply having a set of instructions is not enough, they must be structured and intended to achieve a specific goal.
Signup and view all the flashcards
Communication to the Public
Communication to the Public
The transmission of a copyrighted work through any digital or physical means to an audience, including making it available for access at a time and place chosen by the audience.
Signup and view all the flashcards
Circumvention of Technological Measures
Circumvention of Technological Measures
Illegally bypassing technological measures used by copyright holders to protect their works, like DRM (Digital Rights Management).
Signup and view all the flashcards
Removal or Alteration of Rights Management Information
Removal or Alteration of Rights Management Information
Removing or changing information attached to a copyrighted work that identifies its ownership or usage rights.
Signup and view all the flashcards
Musical Work
Musical Work
A composition for musical performance, including lyrics, scores, and even musical accompaniment.
Signup and view all the flashcards
Artistic Work
Artistic Work
A visually creative work, including paintings, sculptures, architecture, and crafts, even if not considered highly artistic.
Signup and view all the flashcards
Graphic Work
Graphic Work
A visual representation of information like paintings, drawings, diagrams, maps, and charts.
Signup and view all the flashcards
Photograph
Photograph
A recording of light or other radiation on a medium that creates an image, excluding images within films.
Signup and view all the flashcards
Layout-Design (Not Artistic Work)
Layout-Design (Not Artistic Work)
The design of an integrated circuit as defined by the Layout-Designs of Integrated Circuits Act 2000. This is not considered an artistic work.
Signup and view all the flashcards
What is a 'film' under the Copyright Act?
What is a 'film' under the Copyright Act?
A 'film' is a sequence of visual images captured on a material (whether translucent or not) that can be displayed as a moving picture, or recorded on another material for later display, and includes the sounds from its soundtrack.
Signup and view all the flashcards
What is a 'sound recording' under the Copyright Act?
What is a 'sound recording' under the Copyright Act?
A 'sound recording' is any fixation of sounds or their representation that can be heard and reproduced, but doesn't include a film's soundtrack.
Signup and view all the flashcards
What is a 'broadcast' under the Copyright Act?
What is a 'broadcast' under the Copyright Act?
A 'broadcast' is the transmission of visual images, sounds, or information (wired or wireless) that can be lawfully received by the public, or is transmitted for public viewing.
Signup and view all the flashcards
Can engineering drawings be copyrighted?
Can engineering drawings be copyrighted?
Yes, copyright can exist in engineering drawings, even if the actual product is not copyrightable. Copying an engineering drawing, even indirectly through reverse engineering, can infringe copyright.
Signup and view all the flashcards
What is 'reverse engineering' in terms of copyright?
What is 'reverse engineering' in terms of copyright?
Reverse engineering is the process of taking apart a product to understand its design and create a similar product. Even reverse engineering can infringe copyright if it involves copying protected components.
Signup and view all the flashcards
What is 'source code'?
What is 'source code'?
Source code is the human-readable form of a computer program, written in programming languages.
Signup and view all the flashcards
What is 'object code'?
What is 'object code'?
Object code is the machine-readable version of a computer program, converted from source code.
Signup and view all the flashcards
Is object code protected by copyright?
Is object code protected by copyright?
In some cases, object code may not receive copyright protection because it is considered a sequence of electrical impulses, not a literary work.
Signup and view all the flashcards
What are the key requirements for a computer program to be eligible for copyright?
What are the key requirements for a computer program to be eligible for copyright?
A computer program is eligible for copyright if 'sufficient effort' has been expended on it to render the work 'original' and the work is 'reduced to material form.'
Signup and view all the flashcards
What is the importance of 'expression' in a computer program?
What is the importance of 'expression' in a computer program?
The definition of a computer program requires not just a set of instructions but also an 'expression' of those instructions. This means the particular way the instructions are written or coded is crucial.
Signup and view all the flashcardsStudy 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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.