Copyright Protection in Malaysia
Copyright protection is crucial for creators to safeguard their intellectual property rights and prevent unauthorized use or reproduction of their works. In Malaysia, copyright protection is granted automatically upon the creation of a work, by the principles outlined in the Berne Convention, an international agreement governing copyright.
While formal registration is not mandatory to obtain copyright protection in Malaysia, creators are encouraged to utilize procedures outlined in the Copyright Act 1987 to strengthen their legal standing in case of disputes. These procedures not only provide additional evidence of copyright ownership but also establish a prima facie presumption of copyright subsistence.
Two key procedures available to copyright owners under the Copyright Act 1987 are:
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Statutory Declaration Affirmation (Section 42): Copyright owners can affirm their ownership through a Statutory Declaration, which is a legal document attesting to the validity of their copyright claim. This declaration is kept in the owner’s possession and can be presented as evidence in court proceedings, providing prima facie proof of copyright ownership.
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Voluntary Notification of Copyright (Section 26A): Copyright owners can opt for voluntary notification of their copyright with the Malaysian Intellectual Property Office (MyIPO). By submitting a notification application, owners receive a certificate of notification from MyIPO. Additionally, MyIPO maintains a Register of Copyright, where details of the copyrighted work are recorded. The certificate of notification and certified extract from the Register serves as prima facie evidence of copyright ownership and subsistence.
These procedures offer copyright owners added protection and legal recourse in case of infringement or disputes. By formally documenting their copyright ownership through statutory declarations or voluntary notifications, creators can strengthen their position and facilitate swift resolution of any copyright-related issues that may arise.
Moreover, copyright registration can also serve as a valuable asset for creators when negotiating licensing agreements, selling their works, or seeking financial compensation for unauthorized use of their creations.
In conclusion, while copyright protection is inherent upon the creation of a work in Malaysia, creators are encouraged to avail themselves of the procedures outlined in the Copyright Act 1987 to reinforce their copyright claims and establish a stronger legal footing. By taking proactive steps to protect their intellectual property rights, creators can ensure that their creative works are respected, valued, and appropriately attributed by the law.
