Copyright Law Flashcards

Flashcards to review key vocabulary and concepts related to copyright law based on lecture notes.

Copyright

The exclusive legal right, given to an originator or assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

Copyright Act 1987 and Copyright (Amendment) Act 2020

Laws enacted in 1987, and amended in 2020, governing copyright in Malaysia.

Copyright and Ideas

The expression of an idea, not the idea itself, is protected; it belongs to the person who gives form to the idea.

Component Copyright

Protects original works; derivative works .

Related Rights

Protects performances, recordings, broadcasts of works etc.

Original work & tangibility

Work that is written, seen, or recorded; altered versions of original work generally do not constitute infringement.

Literary Works

Novels, books, theatre, scripts, biographies, essays, computer programs.

Artistic Works

Graphic work, model building.

Derivative Works

Translations, adaptations, arrangements and other alterations of original works. Must be published in Malaysia. Protected as original works, separate from the original work.

Author

Literary works: Author; Musical works: Composer; Artistic works: Artist; Photographs: Person arranging the photograph; Films/sound recording: One who arranges film or recording; Broadcasts: Person transmitting the program.

Qualification for Copyright protection

Author or joint authorship, at the time the work is made, is a qualified person. Generally, the work must be made in Malaysia.

Nature of Copyright

Exclusive right to control and authorize others, enforce via civil or criminal action.

Economic Rights

Reproduction, communication to public; derive financial reward via assignment, licensing.

Paternity Right

Right to claim originality rights of one's creation.

Integrity Right

Prevent mutilation, distortion, modifications of work.

Legal Rights

Enforce legal proceedings, seek civil remedies, file complaints for criminal sanctions.

Economic Rights details

Exclusive right to control in Malaysia, can commercially exploit. Includes reproduction, communication to the public, performance/showing to public, distribution, commercial rental.

Neighboring Rights

Sound recordings, films, broadcasts, and cable programmes; protects the commercial investment of the entity that invested in the material.

Objective of Moral Rights

To protect integrity and reputation of the author.

Protection Against (Moral Rights)

Presentation of a work without identifying the author; distortion, mutilation, or modification of works which significantly alter the work and affect the author’s honor or reputation.

Equitable Remuneration

A sum owed to artist (performer) whenever a sound recording of the performance is played in public or broadcast to public.

Licensing

Licensee has no ownership, usually limited to rights, made in writing with agreed terms.

Assignment

Transfer of rights by selling in whole or partially. Owner usually no longer has rights except moral rights.

Commissioned Work

Work by an author that is commissioned by someone else; the work belongs to the commissioner if author is informed of work's purpose.

Copyright Protection

Copyright enjoys automatic protection and is vested initially in the author unless transferred.

Literary, Musical or Artistic Work Protection Length

Life of author + 50 years after death.

Film, Sound Recordings and Performer Protection Length

50 years from when the work was published.

Broadcasts Protection Length

50 years from which broadcast was first made.

Public Domain

Work is open to all and may be used for free.

Malaysia copyright protection

Voluntary notification as prima facie evidence of ownership and evidence of date of creation (through MyIPO).

Collective Management Organization (CMO)

Licenses copyright work, collects royalties, distributes royalties, initiates enforcement on behalf of owners.

Licensing Body (MACP)

Represent Music Authors Copyright Protection Berhad.

Licensing Body Representing Recording Companies

Public Performance Malaysia (PPM)

Licensing Body Representing Recording Performers

Recording Performers Berhad (RPM)

Direct Infringement

Does or causes any person to copy. Requires objective similarity and causal connection.

Indirect Infringement

Importation for sale, hire, trade; circumvention of technological measure; removal of electronic rights management information.

Distribution Infringement

Copy is delivered from one location to another, even if distributed for free.

Possession Infringement

Sole control over infringing copy, not for private/domestic use.

Possession of contrivance

Possession of machinery capable of reproducing infringing copies.

Direct Infringement Elements

Similarity between original work and infringed copy; infringement source must derive from the original work.

Who can sue?

Copyright holder, exclusive licensee, non-exclusive licensee.

Who can be sued?

Any act of legal personality.

Internet Service Providers (ISPs)

Can be liable for direct, vicarious, or contributory infringement if they facilitate infringement.

Civil Proceedings Remedies

Injunctions; damages; destruction of goods; declaration; public apology.

Criminal Proceedings

Lodge complaint to MDTCC, enforcement officer conducts raids, matter referred to public prosecutor.

Border Measures

Prohibit importing infringing copies into Malaysia.

Digital Infringement

Notify the ISP to remove or disable access to the infringing electronic copy within 48 hours.

Physical Infringement

Issuing a cease and desist letter is customary before initiating a civil action.

Fair Dealing

Research, private study, criticism, review, or reporting of news; must be accompanied by acknowledgements.