What is Copyright

Copyright is an author’s expression in the form of arts, music, literatures, or even dramatic performance. Copyrights protect such an expression from copying by another for a period of time.
Copyright and its related rights are essential to human creativity by granting the authors incentives in the form of recognition and fair economic rewards. Authors are assured that their works can be disseminated without fear of unauthorized copying or piracy. This in turn helps increase access to and enhances the enjoyment of culture, knowledge, and entertainment all over the world.
Different Types of Copyrights in Malaysia
There are four types of copyright where its protection shall last throughout the author’s life:
- Literary Work
- Musical Work
- Dramatic Work
- Artistic Work
Copyright protects original creative work, not ideas or inventions. For entrepreneurs, this includes:
- Software & Code
- Broadcasts
- Published Edition or Typographical Arrangement
- Movie / Film
What are the requirements to qualify for Copyright protection?
Copyrights are granted automatically to author or creator upon fulfilling the following criteria:
- Original irrespective of its quality
- Sufficient independent skill and effort expended
- Works created by a qualified person
- Reduced or transformed to material form
Can ideas be Copyrighted?
Copyright protection does not extend to one’s ideas. Ideas must fulfil the aforementioned criteria in order to enjoy protection.
Rights given to Copyright Owner
Copyright owners are given the following rights in relation to their works:
- Reproduction
- Improvisation or adaptation
- Distribution
- Performance
- Display
- Digital Performance
Laws for Copyright in Malaysia
Copyright is governed by the Copyright Act 1987
Malaysia is also a member of:
- The Berne Convention
- The TRIPS Agreement
- The WIPO Copyright Treaty
This means works from other member countries are protected in Malaysia and vice versa.
Duration of Copyright
A validly created copyrighted work shall be protected throughout the author’s life and an additional 50 years upon death (for Literary, Musical, and Artistic Works). Entrepreneurial work generally lasts only for 25 years upon its first date of publication except for movies and films.
Copyright Voluntary Notification in Malaysia
Filing for Copyright Voluntary Notification helps creators prove ownership more easily in case of legal disputes. It allows the author or owner to formally record and identify their authorship or ownership of a work. The benefit of filing Copyright includes:-
- prima facie evidence in court to disputes relating to copyright
- Protect the author/owner work from unauthorized use or claims by others
- Applicable for licensing, partnerships, or business deals.
Documents required for filing Copyright
The following documents are required irrespective of nationality:
- Copy of the works in material form i.e. on paper, CDs/DVDs, external hard disk, flash drive;
- Copy of the respective company incorporation forms if Applicantis a company, or copy of identification card(passport for international applicant) in case of a natural person; and
- Copy of the Author’sidentification card or passport.