Copyright Work 1 - SAM 2020 PDF

CATEGORIES OF COPYRIGHT WORK 1 S.7(1): Subject to this section, the following works shall be eligible for copyright: (a) Literary works; (b) Musical works; (c) Artistic works; (d) Films; (e) Sound recordings; and (f) Broadcast...

CATEGORIES OF COPYRIGHT WORK 1 S.7(1): Subject to this section, the following works shall be eligible for copyright: (a) Literary works; (b) Musical works; (c) Artistic works; (d) Films; (e) Sound recordings; and (f) Broadcast SAM 2020 1  LITERARY WORKS “literary work” includes: (a) novels, stories, books, pamphlets, manuscripts, poetical work and other writings; (b) Plays, dramas, stage directions, film scenario, broadcasting scripts, choreographic works and pantomimes; (c) Treaties, histories, biographies, essays and articles; (d) Encyclopedias, dictionaries and other works of reference; (e) Letters, reports and memoranda; (f) Lectures, addresses, sermons and other works of the same nature; (g) Tables or compilations, whether or not expressed in words, figures, or symbols and whether or not in a visible form; and (h) Computer programs. SAM 2020 2  …LITERARY WORKS Literary works encompasses a wide range of works, regardless of literary merit or quality. Peterson J in University of London Press v University of Tutorial Press 2 Ch 601. S.7(3)(b): a literary, musical or artistic work shall not be eligible for copyright unless the work has been written down, recorded or otherwise reduced to material form. SAM 2020 3  …LITERARY WORKS Dramatic works include plays, dramas, stage directions, film scenarios, broadcasting scripts, choreographic works and pantomimes. Mohd Ramly @ Dzulkifli b. Ismail v Sarimah Film Production Sdn. Bhd 1 CLJ 105, “whether the film was substantially based on the plaintiff’s stage play. However, the problem was that there was no detailed script of the stage play, and thus, there was difficulty in showing a substantial similarity in the plots, scenic effects and incidents when comparing the two.” SAM 2020 4  …LITERARY WORKS S.3: “computer program” means an expression, in any language, code or notation, of a set of instructions (whether with or without related information) intended to cause a device having an information processing capability to perform a particular function either directly or after either or both of the following :(a) conversion to another language, code or notation; (b) reproduction in a different material form. Creative Purpose Sdn. Bhd v. Integrated Trans Corp Sdn. Bhd 2 MLJ 429 Autodesk Inc v. Dyason (1991-1992) 22 IPR 163. Ibcos Computers Ltd v. Barclays Mercantile Highland Finance Ltd FSR 275 SAM 2020 5  Cont.. Originality It looks as if the same threshold of originality with regards to literary works will be applicable to computer programs. Based on Creative Purpose case, although the quality of a work is unimportant in S. 7(2) of the Copyright Act 1987, a literary work is eligible for copyright if the requirement of subsection (3) of the section is fulfilled. 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”. SAM 2020 6 Cont.. S.3 of the Copyright Act 1987 defines a ‘computer program’ as ‘an expression, in any language, code or notation, of a set of instructions In Data Express Corporation v Powerflex Services Property Ltd (1999) 45 IPR 353, the expression of that set of instructions ,ust also be designed to achieve a particular purpose. Australian case of Autodesk Inc. v. Dyason. Issue: whether there was a computer program, either in the lock or the AutoCAD program itself? ‘Computer program’ had been define where the phrase ‘expression, in any language, code or notation of a set of instructions’ in the definition section. … should not be understood as referring only to an actual written expression or representation of a set of instructions with the result that copyright does not exist at the time of an alleged infringement unless such a written expression actually exists or has existed at that time. SAM 2020 7 Cont.. Computer program is part of what is commonly referred to as the ‘software’ while the electro-magnetic components of the computer are known as the ‘hardware’. ‘Computer program’ covers the initial program and the source code and the object code. Source code is a literary work and is protected as a copyright. However, in Computer Edge Pty Ltd v. Apple Computer Inc no such protection was given to the object code where one of the judges in the majority said ‘I have not found anything … that has persuaded me that [the object code] a sequence of electrical impulses in a silicon chip not capable itself of communicating anything directly to a human recipient, and designed only to operate a computer, is itself a literary work, or is the translation of a literary work within the Copyright Act.’ SAM 2020 8  Cont… Computer software programs are protected under copyright law as literary work. Software programs are written in computer codes that, if printed on paper are combinations of letters and numbers. Therefore, computer programs may include visual, audio, or the other qualities, the underlying software code is protected as a literary work. Though software is registered as a literary work, the audiovisual aspects of the program are still protectable. SAM 2020 9  Cont… The first case in Malaysia to deliberate on the position of computer software: Creative Purpose SB & Anor v. Integrated Trans Corp SB & Ors 2 MLJ 429. In this case, Kamalanathan Ratnam JC explored the nature of a computer program and examined the scope of copyright over a computer program. The person who does the improvement is only entitled to copyright protection for the improved version. SAM 2020 10  Cont… Electronic publishing for literary work.. Term `communication to the public' is defined as `the transmission of a work through a wire or wireless means to the public, including the making available of a work in such a way that members to the public may access the work from a place and at a time individually chosen by them'. Sec. 3 CA 1987 It will apply to works made available on the Internet and other online services, as well as works transmitted or broadcast to the public. It has broad application, applying to works, sound recording, cinematograph films and broadcasts. SAM 2020 11  Cont.. Copyright protection had been widened to cover an exclusive right of an author to control communication to the public through wire or wireless means. ▪ Circumvention of any effective technological measures used by authors in the exercise of their rights (s 36A CA) ▪ Removing or altering any electronic rights management information without authority (s 36B CA) SAM 2020 12  MUSICAL WORKS S. 3 : “musical work” means ay musical work and includes works composed for musical accompaniment. Music and accompanying works i.e lyrics/action Folklore? Boria, dikir barat etc… SAM 2020 13  ARTISTIC WORKS S.3: “artistic work” means (a) A graphic work, photograph, sculpture or collage, irrespective of artistic quality; (b) A work of architecture being a building or a model for a building; or (c) A work of artistic craftmanship, but does not include a layout-design within the meaning of the Layout-Designs of Integrated Circuits Act 2000. SAM 2020 14  …ARTISTIC WORKS Graphic S.3: “graphic work” includes (a) any painting, drawing, diagram, map, chart or plan; and (b) any engraving, etching, lithograph, woodcut or similar work. Irrespective of artistic quality SAM 2020 15  …ARTISTIC WORKS Photograph S.3: “photograph” means a recording of light or other radiation on any medium on which an image is produced or form which an image may by any means be produced and which is not part of a film. (Baumann v Fussel RPC 485). Sculpture Work of artistic craftmanship Peko Wallsend Operations Ltd v Linatex Process Rubber Bhd 1 MLJ 225 “ the defendant were alleged to have copied the plaintiff’s slurry pump by way of reverse engineering. H: Indirect copying of an engineering drawing is also a copyright infringement. Copyright subsists in engineering drawings. SAM 2020 16  FILMS S.3 “film” means any fixation of a sequence of visual images on material of any description, whether translucent or not, so as to be capable by use that material with or without any assistance of any contrivance (a) Of being shown as a moving picture; or (b) Of being recorded on other material, whether translucent or not by the use of which it can be so shown, and includes the sounds embodies in any sound-track associated with a film. SAM 2020 17  SOUND RECORDING S.3: “Sound recording” means any fixation of a sequence of sounds or of a representation of sounds capable of being perceived aurally and of being reproduced by any means but does not include a sound-track associated with a film. SAM 2020 18  BROADCASTS S.3: “broadcast” means the transmitting by wire or wireless means of visual images, sounds or other information which (a) Is capable of being lawfully received by members of the public; or (b) Is transmitted for presentation to member of the public. and includes the transmission of encrypted signals where the means for decrypting are provided to the public by the broadcasting service or with its consent; SAM 2020 19