Legal & Fundamental of Copyright Protection PDF

LEGAL AND FUNDAMENTAL OF Prepared by: Siti Junaidah Ahmad, PhD COPYRIGHT PROTECTION  qDefine what is copyright qExplain of copyright protection Learning qBriefly describe what is Malaysian objectives copyright act...

LEGAL AND FUNDAMENTAL OF Prepared by: Siti Junaidah Ahmad, PhD COPYRIGHT PROTECTION  qDefine what is copyright qExplain of copyright protection Learning qBriefly describe what is Malaysian objectives copyright act qList the right of copyright owner copyright It is designed to It is also meant to Copyright is a type encourage creativity increase public of Intellectual by giving creators This means the access to works, Property, like exclusive rights over creator can license because authors are trademarks or anyone copying, or get payment for more likely to patents. publishing or copies of their work. publish if their work distributing their is protected. work.  Copyright is a protection given to authors, copyright owner and performer of their copyright work and performances as prescribe under the Copyright Act 1987. Copyright is a set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. What is Copyright does not protect ideas, only their copyright? expression. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which, the work is said to enter the public domain. Copyright owners can license or permanently transfer or assign their exclusive rights to others. Copyright law 1987 (Malaysian copyright act – amendment mac 2012) Copyright protection in Malaysia is governed by the Copyright Act 1987 which provides comprehensive protection for copyrightable works. The Act outlines the nature of works eligible for copyright (which includes computer software), the scope of protection, and the manner in which the protection is accorded The Copyright Act 1987 provides for the enforcement of the law by the Intellectual Property Corporation of Malaysia (MyIPO), an agency under the Ministry of Domestic Trade, Co-operation. The Malaysian Copyright Act provides for a Copyright Tribunal whose function is to grant Licenses to produce and publish in the National Language a translation of a literary work written in any other language. In Malaysia, there is no system of registration for copyright. Criteria of copyright For a work to receive copyright To be considered 'original' protection it must be 'original' requires only that the author of Copyright protects the expression and it must be 'reduced to the work has used some skill, material form' but there is no ingenuity and labour in making of an idea, not the idea itself. requirement that the work have the work, not that the thought or literary or artistic merit in order idea embodied in the work be to attract copyright protection. novel or new. What is protected by copyright?? literary works means any text including monographs, periodical articles, reports, computer dramatic works, that is scripts musical works or musical programs, poems, lyrics and and choreography compositions in written form tables 'Subject matter other than works' include: artistic works including sound recordings photographs, diagrams, cinematographic films cartoons, illustrations, maps, television and sound broadcasts graphs, building plans, (including cable and satellite sculptures and drawings. transmissions) and published editions of works (the printed layout of a publication). Copyright IDEAS PROCEDURES PROCESS protection does not extend to: SYSTEMS METHODS OF OR OPERATION DISCOVERIES Types and category of work Types and category of work Duration of copyright Literary, Musical or Artistic Works Generally, this categories of copyright work reflects to the human beings which shall subsist during the life of the author plus 50 years after his death. Film, Sound Recordings and Performer This categories of copyright work shall subsist for 50 years from the work was published, fixed in a fixation for the film and sound recording. For performer, the copyright work shall subsist from the performances was perform or fixation in a sound recording. Broadcasts For the copyright in broadcasts, it protection occurred in way of transmission either by wire or wireless means, the period for fifty years shall be computed from the which the broadcasts was first made.  1. Legal Rights Author, copyright owner and performer is given an exclusive right to control under the copyright law. Right of Legal rights that are given to them includes the rights to enforce their copyrighted works protection in cases for infringement either by civil or criminal action. owner In term of criminal prosecution, it is conducted by the Enforcement Division of Ministry of Domestic Trade, Cooperative and Consumerism (MTDCC) or Royal Malaysian Police.  2. Economic Rights Economic rights that are given to rightholders includes rights of reproduction, rights of communication to public, rights to perform, showing or playing to the public, rights of distribution and rights of Right of commercial rental. This rights can be exercised during the protection period of protection governed under Copyright Act 1987. owner Economic rights allows the owner of rights to derive financial reward from the use of his works by the user or commercial purposes. Form of economic rights can be by way of assignment, licensing and testamentary disposition.  3. Moral Rights Paternity Rights This rights allows the author to claim the Right of originality rights of his or her creation. protection Integrity Rights This right authorizes the author to prevent owner any users from distortion, mutilation or other modifications of his or her works whereby the result of the modification will significantly alter the original work and adversely affect the author’s honor or reputation. Right of copyright owner The exclusive rights enjoyed by owners of copyright in literary, dramatic and musical works are the rights to do or authorise the following acts: reproduce the work in material form (eg. photocopy, scan) publish the work perform the work in public (eg. recite, perform 'live' music, play recordings of music) to communicate the work (to email and to make available online) make an adaptation of the work (eg. translations, screenplay versions) do any of these acts in relation to an adaptation of the work. Copyright infringements An infringement of copyright occurs where a substantial part of the work or other subject matter is copied, reproduced, published, performed or communicated without permission or a relevant copyright exception. Whoever use any copyrighted works without consent or authorization from the author, copyright owner and performer, it may constitute an infringement under Copyright Act 1987. Amongst the act of infringement includes: reproduces in any material form, performs, shows or plays or distributes to the public, imports any article into Malaysia for the purpose of trade or financial gains; makes for sale or rent any infringing copy; sells, rent or by way of trade, exposes or offers for sale or rent any infringing copy; distributes infringing copies; possesses, otherwise than for his private and domestic use, any infringing copy; exhibits in public any infringing copy by way of trade; makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies  Shall on conviction be liable to a fine of not less than two thousand ringgit (RM2, 000) and not more than twenty thousand ringgit (RM20, 000) for each infringing copy, or to imprisonment for a term not exceeding five (5) years or to both and for any subsequent offence, to a fine of not less than four thousand ringgit (RM4, 000) and not more than forty thousand ringgit (RM40, 000) for each infringing copy or to imprisonment for a term not exceeding ten years or to both. Copyright licencing bodies  Licensing Bodies or Royalty Collecting Body is an organization which has been given a mandate by Copyright Owner to administer their rights in use What is of their copyrighted works by the users licencing bodies Licensing Bodies administer the following arrangements: a. Licensing of copyright work; b. Collecting royalty on license issued; c. Distributing the royalty to the copyright owners; d. Initiate enforcement action on behalf of owner of copyright based on rights given. How users would like to use the copyright work without infringing the rights of copyright owner? The users (individual/ commercial premises organization) intended to use any copyright work shall obtain authorization from copyright owner. If the use of copyrighted work is for commercial purposes / in public places / at commercial premises, the users shall obtain a license for such use through a licensing bodies which has been appointed by the copyright owner. Example of such is as follows: a. One-off Licence/ Single Event (Wedding ceremony, concert, dinner etc) b. Annual License (retail, shopping complex, karaoke box, hotel management etc) LIST OF DECLARED LICENSING BODIES Malaysia Writers, Publishers. Authors Reprographic Rights in Publishing Industry Centre Berhad The issuance of licenses and royalty (MARC) collection activities for copyrighted works in Malaysia are administered MPLC Sdn Bhd Film Producers by Licensing Bodies declared by (MPLC) Intellectual Property Corporation of Malaysian (MyIPO). Music Authors Songwriters, Composers and The declaration of licensing bodies Copyright Music Publishers shall be valid for a period of two Protection Berhad (2) years from the date of (MACP) declaration and may be renewed after the expiry of the declaration Public Performance Recording Companies with the fee according to Copyright Malaysia Berhad Act (Amendment) 2022. (PPM)