OUR SERVICES

COPYRIGHT

Global Copyright Protection

We provide full range of Copyright advisory services

Drafting statutory declaration in support of voluntary notification

Copyright litigation support and other advisory services

Copyright portfolio maintenance and management

Filing copyright voluntary notification in Malaysia

Global copyright registration

Licensing or sale

of copyright

Due diligence

of copyright

Quick Facts About Copyright

What is copyright?


Copyright is an exclusive right granted by the law to the owner to control the created works. This includes, but not limited to, the right to control:-
(i) reproduction in any material form;
(ii) communication to the public;
(iii) performance, showing or playing to the public;
(iv) distribution of copies to the public by sale or other transfer of ownership; and
(v) commercial rental to the public.




What are the requirements to be eligible for copyright protection?


Copyright will subsist and be protected in literary, musical or artistic work if:-

  1. Sufficient effort has been expended to make the work original in character;
  2. The work has been written down, recorded or otherwise reduced to material form;
  3. Belong to one of the categories of works eligible to copyright protection; and
  4. Complied with qualification of copyright
Different types of works may have different requirements, please contact us for further advice.




What are the works eligible for copyright protection?


  1. Literary works
  2. Musical works
  3. Artistic works
  4. Films
  5. Sound recordings
  6. Broadcasts
  7. Translations, adaptations, arrangement and other transformations of a work
  8. Collection of works or mere data by reason of selection and arrangement of their contents




How long is the duration of copyright protection?


For literary, musical or artistic Work, copyright shall continue to subsist until the expiry of a period of 50 years after the death of the author

For sound recording, broadcasts, films, performers’ rights or other published editions, copyright shall continue to subsist until the expiry of a period of 50 years computed from the beginning of the calendar year next following the year in which the work was first published.




How to register a copyright?


The owner of a work can file a Voluntary Notification for copyright protection with Intellectual Property Corporation of Malaysia. Upon recordal of the voluntary notification, the Controller of Copyright will issue a certificate for the copyright work. The certificate is a prima facie proof of ownership.




How is copyright protected in Malaysia?


Protection of copyright is automatically conferred once it is reduced to material form. However, it’s always better to have official documentation as proof. Copyright owner may take one step further by filing voluntary notification with the Controller of Copyright to record his ownership. Upon successful recordal, the Controller of Copyright will issue a certificate being prima facie evidence on the copyright ownership.




Can an idea be protected under copyright?


The general principle under copyright is that it protects the expression and not the underlying idea or concept. For example, an author may write a novel about an adventure to MARS. The author does not have a monopoly over the idea of adventure to Mars. However, his expression (e.g. writing) is protected. Accordingly, any person is at liberty to use the idea of adventures on Mars to write another novel provided he does not copy the expression of the another author.




Ownership of copyright – Author or Owner?


Generally, there is a difference between authorship and ownership. Author refers to the creator or originator of the work; whereas, owner is the person who owns and entitled to control the copyright works. Under usual circumstances, copyright shall vest initially in the author. However, where a work is commissioned under a contract, or is made in the course of the author’s employment, the copyright shall be deemed to be transferred to the person who commissioned the work or the author’s employer, respectively.




How long is the entire notification process?


A smooth voluntary notification process, from filing the request up until issuance of certificate, will take about 6 to 12 months.




Does the Copyright notification need to be renewed?


No.




Does the Copyright notification in Malaysia cover other countries?


No. The voluntary notification is only applicable in Malaysia. Copyright owner is advised to file the registrations in other countries separately. It should be noted that not all countries require copyright registration to be entitled for protection as it may be automatically granted upon fulfilling the legal requirements. You are advised to seek advice separately.




What is the information needed for copyright registration?


i) Full name of owner (including NRIC No. / Passport No. for individual; Registration No. for Corporate Applicant)
ii) A copy of owner’s identification card or Incorporation Certificate (whichever applicable)
iii) Full address of owner
iv) Full name of author(s) (including NRIC / Passport No.)
v) Full address of author(s)
vi) Date of creation (or reduced into material form) of the copyright work
vii) Date of publication
viii) Title of work
ix) Type of work





IP Gennesis Sdn Bhd

Question? Contact Us

(Company No. 1055927-A)

A1-10-08, Arcoris Mont Kiara,

No. 10, Jalan Kiara, Mont Kiara,

50480 Kuala Lumpur, Malaysia.

Email : info@ipgennesis.com

Mobile : +6012 - 226 6993

Office : +603 – 6411 3607

© 2019 by IP Gennesis Sdn Bhd. 

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