Copyright is the exclusive rights to control and protect original works created by the creators, authors, designers, copyright owners or performers for a specific period governed under the Malaysian Copyright Act 1987.
a. Literary works
b. Musical works
c. Artistic works
d. Films
e. Sound recordings
f. Broadcasts
g. Derivative works, including translation, adaptations and arrangements and other transformations of works eligible for copyright
h. Collections of works or collections of mere data
i. Published edition of works
Unfortunately, no. Copyright protects the expression of an idea, but the idea itself cannot be protected.
No, it is not compulsory. Malaysia is a member state of the Berne Convention. Berne Convention gives automatic copyright protection to original works without the need for registration. Copyright arises automatically upon the creation of a work that has been written down, recorded or reduced to a material form.
However, copyright owner like you may use the Copyright Voluntary Notification to assist in providing prima facie evidence of titles or ownership of your created work and evidence of the date of creation. Upon successful recordal, the copyright owner will be issued a certificate being prima facie evidence on the copyright ownership. In case of any dispute, this certificate can be used in Court to prove the facts made.
Voluntary notification of copyright works can be submitted to MyIPO with minimal charges.
a. Author’s name (including NRIC no. / Passport no.)
b. Author’s address
c. Owner’s name (including NRIC no. / Passport no. for individual; Registration no. for corporate applicant)
d. Owner’s address
e. Title of work (translation and transliteration is required if it is neither in Malaysia National language nor English language)
f. Type of work
g. Date of creation
h. Date of publication (if applicable)
i. Licensee’s name and address (if applicable)
The estimated time frame from filing an application to the issuance of certificate for a smooth voluntary notification is approximately six (6) months to nine (9) months.
No. You do not need to renew your copyright notification.
a. Literary, Musical or Artistic Works Copyright shall subsist during the life of the author plus fifty (50) years after his death.
b. Film, Sound Recordings and Performer Copyright shall subsist for fifty (50) years from the work was published, fixed in a fixation for the film and sound recording. For performer, the copyright work shall subsist from the performances or fixation in a sound recording.
c. Copyright in broadcasts shall subsist for fifty (50) years from which the broadcasts was first made.
Unfortunately, no. The voluntary notification is only applicable in Malaysia.
You will need to apply to each desired country in which you want to pursue copyright protection. However, note that not all countries require copyright registration to be entitled for protection as it may be automatically granted upon creation of the work fulfilling the legal requirements.
No. Nonetheless, it is wise to label your work with © and the creation date of your work in order to enforce your copyright in the long run.
We can assist you in all aspects of copyright protection and enforcement. Feel free to contact us at general@chphoonlaw.com.my should you have any questions.