What Rights Does the Copyright Provides?
As internet is triumphed in becoming a prevalent part of society, the world of technologically advance has evolve the internet over your fingertips. The rise of exposure and the accessible nature of internet causes slight concern to the author of its original creativity. This article will elaborate more on how it can be controlled within the extensive legal protection of a Copyright. One thing people should be clear is, Copyright existed automatically in an originality work of an authorship. Copyright owner may file a voluntary notification at the IP office and once the application is accepted, the IP office will issue a notification of the filed Copyright on the ownership.
It is necessary to enforce the exclusive rights of Copyright through litigation to protect from infringement. This will also allow Copyright owners to ascertain certain types of monetary damages and attorney fees if it happens to involve in such infringement cases either by civil or criminal action. 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.
Enforced Copyright also provides value to the public overall. It facilitates the licensing marketplace by allowing people to find Copyright ownership information, and it provides the public with notice that someone is claiming copyright protection. It also provides a record of this nation’s creativity.
• Economic Rights
Economic rights that are given to rightsholders includes rights of reproduction, rights of communication to public, rights to perform, showing or playing to the public, rights of distribution and rights of commercial rental. These rights can be exercised during the period of protection governed under Copyright Act 1987. Economic rights allow the owner 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.
• Moral Rights
Allows the author to claim the originality rights of his or her creation.
This right authorizes the author to prevent any users from distortion, mutilation, or other modifications of the originality of the and adversely affect the author’s honour or reputation.
Who is the Copyright owner?
It is important for every owner of literary, musical, artistic, films, sound recordings and broadcast work to know they are the Copyright owner. Once you have innovated an independent creativity, you are considered as the owner and the author.
As for instances, a picture photographed, music composed, and expressions of poets are all the works by the author and the owner. Apart from being the creators, specific talents, specialties, practices and approaches by the employees or companies on the task that being assigned, may also be known as Copyright. In this case, having the Copyright that is established by the employees or companies that granted under Copyright law allows the employer owns their exclusive right within the scope of employment.
Works Eligible for Copyright
- Literary Works
- Musical Works
- Artistic Works
- Sound Recordings
- Derivative Works
How Copyright is registered?
Copyright is non-registrable because everyone owns their expression of creativity which they existed automatically in an originality work of authorship. Owner may enhance their protection. In Malaysia, MyIPO offers Copyright notification through Copyright Voluntary Notification which entails a specific period governed under the Copyright Act 1987. Owner will require to file Statutory Declaration and relevant forms. The filed Copyright will undergo certain stages of examination and Copyright Recorded in further before they could finally be issued with Certificate.
Statutory licenses are some of the limitations in the Copyright Act. They relate to certain uses of musical compositions, sound recordings, and cable and satellite programming. Before the application, it is best to prepare the copy of works material along with the copy of respective company incorporation form and other necessary forms and documents.
The Agreement, Limitations and Exception
It is obvious that we are Copyright users. Each book that we read, illustration that we see, video games that we play and the news that we surf from the Internet are all Copyright-protected. Copyrighted works are still accessible for us to enjoy, read, listen and see. In order to buy or license the Copyright works, the user first need to refer to Copyright Act’s exceptions and limitations or they may rely on works in the public domain.
Whoever use any Copyrighted works without consent or authorisation from the author or content creator, it may constitute an infringement under Copyright Act 1987. For examples, reselling Copyrighted book, reporting Youtube video without consent, produce Copyrighted sound recording with intention to be posted publicly.
Upon infringement of copyright, the content creator may launch a civil claim in court. Alternatively, a complaint can be lodged with the Ministry of Domestic Trade and Consumer Affairs, to which their enforcement division will conduct investigations before referring to the Public Prosecutor (Attorney General) for possible criminal prosecution.
Most of the time, it can be quite inundated because it could be one fraught with difficulties. Should you be keen to know more, we are here to guide you.
This article is brought to you by Exy Intellectual Property Sdn Bhd.