What is copyright?
Copyright is the exclusive right given to the owner of a copyright for a specific period. In Malaysia, copyright protection is governed by the Copyright Act 1987.
If it does not have a copyright notice such as ©, is it still a copyrighted work?
It is irrelevant as to whether there is a copyright notice. You should assume that if a work is copyrightable, it is a copyrighted work and may not be copied unless you know otherwise. Using the © symbol is not required for copyright protection but it is useful to warn others of your ownership in the work and it serves as a potential warning to infringers.
A copyright notice should contain the following 3 elements:
© (year of first publication) (your name)
e.g : © 2008 Edwin Lee
How does a work eligible for copyright protection?
A work is protected by copyright automatically upon fulfillment of 3 conditions:
i) sufficient effort has been put in to make the work original;
ii) the work has been written down, recorded or reduced in a material form;
iii) the author is a qualified person / the work is made in Malaysia / the work is first published in Malaysia
Do you have to register your work to get copyright protection?
No. In Malaysia, there is no system of registration for copyright. Copyright protection arises automatically as soon as the work is created i.e. fulfilled the 3 conditions.
I have an idea in my mind. Do I therefore own the copyright in the idea?
Copyright only protect the expression of idea, not idea per se. Therefore, you only own the idea if you have made effort to reduce the idea in a material form such as write or record it down. Besides, procedures, methods of operation or mathematical concepts as such are also not protected under copyright law.
Do I enjoy the copyright protection even if my work is not of high quality?
All works shall be protected under copyright irrespective of their quality and purpose for which they were created.
How long is the copyright protection?
The duration of copyright protection depends on the type of work involved. Generally, copyright protection in Malaysia is for the life of the author plus 50 years after his death.
If I only copy a small portion of the copyrighted work, will I infringe the copyright?
Copying a small portion of a copyrighted work may infringe the copyright if there is a substantial taking of the copyrighted work. Substantial taking means the taking of the crucial and distinctive part of the copyrighted work. Whether there is a substantial taking depends on quality, not quantity. The court may compare between the copyrighted work and your work and see if there is any material defference between both works, the overall impression of both works.
Is anything on the internet free to be copied since it is in the public domain?
This is a wrong perception. There is no difference between articles published on the newspaper and articles published on the internet. They both are under copyright protection. The internet is just another medium of publication. Materials published on the internet are generally available for viewing by the public for private purposes, unless the copyright owner specifically and explicitly notfify that the works are not copyrighted.
If I tape-record the speech in a talk or seminar, is that a copyright infringement?
Although a speech given verbally does not attract copyright protection, it is not the same if the speech is tape-recorded. As the recording is done through a tool, the copyright would still belongs to the person behind the recording i.e. the speaker as soon as the speech is tape-recorded.
Can I use a portion of a copyrighted work without getting permission from the copyright owner and plead the defence of fair dealing?
You may use a portion of a copyrighted work for the purposes of non-profit research, private study, criticism, review or reporting the current event if such use is considered as fair dealing. However, it must be accompanied by an acknowledgment of the title of the work and its authorship if such work is made public.
Does it mean I can make a photocpy of the whole textbook since I can plead fair dealing for private study or educational purposes?
No, fair dealing is generally a short excerpt and you should not use much more of the work than is needed to make the research, private study or commentary. Reproduction of the whole textbook is definitely a copyright infringement and you have no defence for it.
Is it ok to copy a copyrighted work as long as I acknowledge, give full credit or attribute as to the title of the work and the authorship?
No, simply giving acknowledgment does not help you to avoid copyright infringement. It must be borne in mind that only the copyright owner has the right to reproduce the work. It does not matter whether you attribute your work to the copyright owner unless it falls under the limited exceptions of fair dealing.
I am an employee of a company. Do I own the copyright for the work I created?
As a general rule, copyright in a work vests in the author. However, where the work is created by an employee in the course of his employment, the copyright shall be deemed to vest in the employer or anyone who commissioned the work, unless there is any contrary agreement.
Can I make copies of the original CD I bought since it was an original CD?
The mere fact that you bought an original CD does not mean you own the copyright in that CD. Therefore, you are not allowed to make copies of the original CD in any format. This also means that you are not allowed to copy to contents in the CD to your computer, and then subsequently burn it or share the files on the internet.
Copyright is the exclusive right given to the owner of a copyright for a specific period. In Malaysia, copyright protection is governed by the Copyright Act 1987.
If it does not have a copyright notice such as ©, is it still a copyrighted work?
It is irrelevant as to whether there is a copyright notice. You should assume that if a work is copyrightable, it is a copyrighted work and may not be copied unless you know otherwise. Using the © symbol is not required for copyright protection but it is useful to warn others of your ownership in the work and it serves as a potential warning to infringers.
A copyright notice should contain the following 3 elements:
© (year of first publication) (your name)
e.g : © 2008 Edwin Lee
How does a work eligible for copyright protection?
A work is protected by copyright automatically upon fulfillment of 3 conditions:
i) sufficient effort has been put in to make the work original;
ii) the work has been written down, recorded or reduced in a material form;
iii) the author is a qualified person / the work is made in Malaysia / the work is first published in Malaysia
Do you have to register your work to get copyright protection?
No. In Malaysia, there is no system of registration for copyright. Copyright protection arises automatically as soon as the work is created i.e. fulfilled the 3 conditions.
I have an idea in my mind. Do I therefore own the copyright in the idea?
Copyright only protect the expression of idea, not idea per se. Therefore, you only own the idea if you have made effort to reduce the idea in a material form such as write or record it down. Besides, procedures, methods of operation or mathematical concepts as such are also not protected under copyright law.
Do I enjoy the copyright protection even if my work is not of high quality?
All works shall be protected under copyright irrespective of their quality and purpose for which they were created.
How long is the copyright protection?
The duration of copyright protection depends on the type of work involved. Generally, copyright protection in Malaysia is for the life of the author plus 50 years after his death.
If I only copy a small portion of the copyrighted work, will I infringe the copyright?
Copying a small portion of a copyrighted work may infringe the copyright if there is a substantial taking of the copyrighted work. Substantial taking means the taking of the crucial and distinctive part of the copyrighted work. Whether there is a substantial taking depends on quality, not quantity. The court may compare between the copyrighted work and your work and see if there is any material defference between both works, the overall impression of both works.
Is anything on the internet free to be copied since it is in the public domain?
This is a wrong perception. There is no difference between articles published on the newspaper and articles published on the internet. They both are under copyright protection. The internet is just another medium of publication. Materials published on the internet are generally available for viewing by the public for private purposes, unless the copyright owner specifically and explicitly notfify that the works are not copyrighted.
If I tape-record the speech in a talk or seminar, is that a copyright infringement?
Although a speech given verbally does not attract copyright protection, it is not the same if the speech is tape-recorded. As the recording is done through a tool, the copyright would still belongs to the person behind the recording i.e. the speaker as soon as the speech is tape-recorded.
Can I use a portion of a copyrighted work without getting permission from the copyright owner and plead the defence of fair dealing?
You may use a portion of a copyrighted work for the purposes of non-profit research, private study, criticism, review or reporting the current event if such use is considered as fair dealing. However, it must be accompanied by an acknowledgment of the title of the work and its authorship if such work is made public.
Does it mean I can make a photocpy of the whole textbook since I can plead fair dealing for private study or educational purposes?
No, fair dealing is generally a short excerpt and you should not use much more of the work than is needed to make the research, private study or commentary. Reproduction of the whole textbook is definitely a copyright infringement and you have no defence for it.
Is it ok to copy a copyrighted work as long as I acknowledge, give full credit or attribute as to the title of the work and the authorship?
No, simply giving acknowledgment does not help you to avoid copyright infringement. It must be borne in mind that only the copyright owner has the right to reproduce the work. It does not matter whether you attribute your work to the copyright owner unless it falls under the limited exceptions of fair dealing.
I am an employee of a company. Do I own the copyright for the work I created?
As a general rule, copyright in a work vests in the author. However, where the work is created by an employee in the course of his employment, the copyright shall be deemed to vest in the employer or anyone who commissioned the work, unless there is any contrary agreement.
Can I make copies of the original CD I bought since it was an original CD?
The mere fact that you bought an original CD does not mean you own the copyright in that CD. Therefore, you are not allowed to make copies of the original CD in any format. This also means that you are not allowed to copy to contents in the CD to your computer, and then subsequently burn it or share the files on the internet.
© 2008 Edwin Lee
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