A copyright is an important form of intellectual property. It can be defined as a set of rights provided to anyone who creates an original work of authorship. Some of the intellectual property rights which are part of a copyright include those related to reproduction, distribution, and public performance and display. Copyrights are among the most widely-used forms of intellectual property protection. Many business owners in Malaysia would thus do well to understand the topics of copyright registration in Malaysia, copyright protection in Malaysia, as well as which items can be protected by copyright.
Copyright Protection in Malaysia
The intellectual property law which governs copyright protection in Malaysia is the Copyright Act 1987. This Act provides copyright protection to any eligible person or business. No payment or registration is required to receive this form of intellectual property protection for any eligible authored work.
Authored works which are eligible for copyright protection in Malaysia are those which fulfill four criteria. They must be original, have been reduced to material form, belong to a category of protected works, and comply with the qualifications for copyright. Copyright may subsist in a work by reference to the author’s status or the work’s publication or creation. Copyright may also subsist in works made by or under the control of direction of the Malaysian government or certain international organizations.
Items Eligible for Copyright Protection
If any authored work can be classified as being part of one of seven categories, it will be eligible for copyright protection. These categories are literary works, musical works, artistic works, films, sound recordings, broadcasts, and derivative works. When these works receive this type of intellectual property protection, they provide creators with legal, economic, and moral rights over the works.
Protected literary, musical, and artistic works in Malaysia are active throughout the author’s life and remain active for up to 50 years after the author’s death. Films and sound recordings which receive copyright protection are protected for 50 years from the work’s publication as long as they have been fixed in the form of a fixation. Broadcasts are protected for a 50-year period from the date on which the broadcasts were first made. Such broadcasts may either be transmitted through wired or wireless means. It is important to seek adequate intellectual property protection for all of these works in order to prevent any possible infringements from occurring.
Copyright Registration in Malaysia
In Malaysia, copyright registration is not a legal requirement. This is because an original work’s creator receives rights over it after making a claim. That being said, it is highly advisable for creators to undergo copyright registration in Malaysia and obtain intellectual property protection. Doing so will assist creators with the establishment of evidence of ownership. Copyright registration also assists with the enforcement of intellectual property rights. If the creator has experienced an infringement of intellectual property rights, the creator may refer to the copyright registration as evidence that this violation has taken place. As long as a copyright registration in Malaysia is made by the original creator, no additional documentation or registration fee will be required.
To claim ownership and subsequently obtain the desired intellectual property protection, a copyright owner may either use a Statutory Declaration or file a Voluntary Notification at Intellectual Property Corporation of Malaysia (MyIPO). This corporation oversees all matters related to intellectual property in Malaysia. When doing so, there are several items which are necessary. Those undergoing copyright registration in Malaysia will need a copy of the related works in material form, a copy of the company’s incorporation form (if the applicant is a company) or a personal identification card or passport (if the applicant is an individual), and a copy of the author’s identification card or passport.
If you are a business owner who owns copyrightable items, we would advise you to register for copyright protection as soon as possible. Copyright protection is a vital tool for shielding your intellectual property from unjustified threats. Doing so would prevent anyone else from illegally using or modifying the created work into which you put much effort. The benefits of copyright protection don’t stop at intellectual property rights alone; you can even use copyright protection as a means of generating profit because it can be used as a passive income stream.
This article is brought to you by Exy Intellectual Property