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Copyrights

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Copy Right (P)

Copyright is a physical expression of ideas originated by a creator in all creative works such as text, artistic works, music, broadcast, computer programs, sound recordings, films and etc. Since 1st of June 2012, Malaysia has introduced Voluntary Notification Registration System under the Copyright (Amendment) Act 2012. It is governed by the Copyright Act 1987 and Copyright Regulations 1987.

The work of copyright vests initially with the author (writer, composer, maker of the work, etc).

However, where the making of a work is made by an employee in the course of his employment, unless there is any contrary agreement, the copyright in the work shall be deemed to vest in the person who commissioned the work or the employer. The author’s right is transferable by assignment, testamentary disposition or by operation of law, in which case the assignee shall be the owner.

Copyright is automatically protected under law if sufficient effort is expected to make the work original, and the work must be written down, recorded or reduced to a material form.

The work must also be made in a particular jurisdiction/country or first published in the particular jurisdiction/country. The author of the copyright work must also be a qualified person.

Pursuant to S26B(5) of the Copyright (Amendment) Act 2012, a certified extract from the Register of Copyright shall be treated as prima facie evidence and admissible in all courts.

Copyrights (generally) in any literary, musical or artistic work shall survive during the life of the author plus 50 years after his death.