Categories of Copyright Work
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Questions and Answers

A literary work includes novels, plays, and computer programs.

True (A)

Dramatic works are not considered part of literary works.

False (B)

A work must be in material form to be eligible for copyright.

True (A)

Encyclopedias and dictionaries are excluded from being considered literary works.

<p>False (B)</p> Signup and view all the answers

The quality of a literary work affects its eligibility for copyright protection.

<p>False (B)</p> Signup and view all the answers

Copyright subsists in engineering drawings.

<p>True (A)</p> Signup and view all the answers

A sound recording includes the sound-track associated with a film.

<p>False (B)</p> Signup and view all the answers

A broadcast can only transmit visual images and sounds that are not authorized for public reception.

<p>False (B)</p> Signup and view all the answers

The definition of 'film' includes sound that is embodied in any sound-track associated with it.

<p>True (A)</p> Signup and view all the answers

Indirect copying of an engineering drawing does not constitute copyright infringement.

<p>False (B)</p> Signup and view all the answers

The term 'communication to the public' refers to the transmission of a work solely through printed means.

<p>False (B)</p> Signup and view all the answers

An author has exclusive rights to control communication to the public via technological measures.

<p>True (A)</p> Signup and view all the answers

Musical works are defined to include compositions only and exclude lyrics.

<p>False (B)</p> Signup and view all the answers

Artistic works do not include any form of photography.

<p>False (B)</p> Signup and view all the answers

A graphic work includes diagrams, maps, and chart.

<p>True (A)</p> Signup and view all the answers

Circumventing technological measures used by authors is legal under the copyright law.

<p>False (B)</p> Signup and view all the answers

A sculpture is categorized under artistic works definitions.

<p>True (A)</p> Signup and view all the answers

The Layout-Designs of Integrated Circuits Act 2000 includes artistic craftsmanship under its definitions.

<p>False (B)</p> Signup and view all the answers

Copyright exists only if there is a written expression of instructions at the time of alleged infringement.

<p>True (A)</p> Signup and view all the answers

Computer software is categorized as hardware under copyright law.

<p>False (B)</p> Signup and view all the answers

Object code is recognized as a literary work under copyright law.

<p>False (B)</p> Signup and view all the answers

The underlying software code of a computer program is protected as a literary work.

<p>True (A)</p> Signup and view all the answers

Audiovisual aspects of software programs are not protectable under copyright law.

<p>False (B)</p> Signup and view all the answers

Creative Purpose SB & Anor v. Integrated Trans Corp SB & Ors was the first case in Malaysia to discuss computer program copyrights.

<p>True (A)</p> Signup and view all the answers

A person improving a computer program is entitled to copyright protection for the original version as well.

<p>False (B)</p> Signup and view all the answers

Source code is not considered a literary work under copyright laws.

<p>False (B)</p> Signup and view all the answers

A detailed script of the stage play was available, making it easy to show similarities in the plots.

<p>False (B)</p> Signup and view all the answers

A computer program is defined as a set of instructions intended to perform a function, expressed in a programming language.

<p>True (A)</p> Signup and view all the answers

The quality of a work is considered important for copyright eligibility of literary works according to the Copyright Act.

<p>False (B)</p> Signup and view all the answers

A literary work is not eligible for copyright if it does not fulfill the requirements of the Copyright Act.

<p>True (A)</p> Signup and view all the answers

In the Creative Purpose case, sufficient effort must be expended on a work to meet the standard of originality for computer programs.

<p>True (A)</p> Signup and view all the answers

The expression of instructions in a computer program does not need to serve a particular purpose.

<p>False (B)</p> Signup and view all the answers

The term 'computer program' in the legal context excludes any form of expression that does not involve code or notation.

<p>True (A)</p> Signup and view all the answers

The Australian case of Autodesk Inc v. Dyason addressed issues related to the definition of a computer program.

<p>True (A)</p> Signup and view all the answers

Computer software programs are protected under copyright law as literary work.

<p>False (B)</p> Signup and view all the answers

Flashcards

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?

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?

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?

Dramatic works include plays, dramas, stage directions, film scenarios, broadcasting scripts, choreographic works, and pantomimes.

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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.

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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.

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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).

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.'

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Circumvention of Technological Measures

Illegally bypassing technological measures used by copyright holders to protect their works, like DRM (Digital Rights Management).

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Removal or Alteration of Rights Management Information

Removing or changing information attached to a copyrighted work that identifies its ownership or usage rights.

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Musical Work

A composition for musical performance, including lyrics, scores, and even musical accompaniment.

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Artistic Work

A visually creative work, including paintings, sculptures, architecture, and crafts, even if not considered highly artistic.

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Graphic Work

A visual representation of information like paintings, drawings, diagrams, maps, and charts.

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Photograph

A recording of light or other radiation on a medium that creates an image, excluding images within films.

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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.

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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.

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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.

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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.

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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.

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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.

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What is 'source code'?

Source code is the human-readable form of a computer program, written in programming languages.

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What is 'object code'?

Object code is the machine-readable version of a computer program, converted from source code.

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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.

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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.'

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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.

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Study Notes

  • 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 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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Copyright Work 1 - SAM 2020 PDF

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.

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