Copyright Law

Tutorial questions
1) When is a work eligible for copyright protection?
• It is extended to any work that fulfils the requirements in Copyright Ac
t 1987 i.e. the work: -
(i) Must be within the categories specified in Ss. 7(1), 8 and 9;
(ii) Is original in character;
(iii) Has been reduced to material form ; and
(iv) The author at the time the work was made is a qualified person or the f
irst publication of the work took place in Malaysia .

2) What is the purpose of copyright law?

• Its purpose is to provide a fair return for authors/creators in relation
to the production of their created works so as to ensure their continued creati
vity.
3) Copyright seeks to protect the idea and not the expression of the idea.
F
• Therefore, it is the expression of the idea that is protected and not th
e underlying idea itself.
4) Future authors are not free to use the ideas of earlier authors even whe
n the expression of the earlier work is not copied. F

5) Copyright protection is given without requirement of registration. T

6) A qualified person is a person who has reached the age of 18 and above.
F
• A ‘qualified person’ as stated within Section 10(1) is interpreted as a
citizen or permanent resident of Malaysia or a corporate body established and re
gistered in Malaysia.
• With the accession of Malaysia to the Berne Convention on 1st October 19
90, citizens, permanent residents or corporate bodies of Berne Convention member
states are also considered as qualified persons.

7) Ownership of the copyright usually vests in its creator. T

8) When did Malaysia accede to the Berne Convention? 1 October 1990

9) Explain the significance of the Berne Convention with regard to the prot
ection it grants.
• The protection accorded by the Berne Convention is extended to: -
(i) Authors who are citizens of Berne Convention member states for their wor
ks whether published or otherwise; and
(ii) Authors who are not citizens of Berne Convention member states but their
works, were first published in one of the member states or, were published simu
ltaneously in non-member states and in a member state .

10) What is the duration for copyright protection?

(i) The life of the author plus fifty (50) years after his death (i.e. life
+ 50) ; or
(ii) Fifty (50) years after the publication/fixation/broadcasting of the wor
k .
10) Define “originality”.
• But the term original does no mean that the work must be new i.e. ‘novel
’ or of high quality .
• Generally, it is sufficient that the work: -
(i) Was created by the author who claims it to be his; and
(ii) Was not copied.
• However, S. 7(4) of the Copyright Act 1987 states that a work that may h
ave been copied is not automatically ineligible for copyright.
It is enough that the author expended sufficient skill and effort to make his wo
rk original in character. S 7(3)(a) sufficient effort requirement
I2) In the case of compilations, it is the information or idea that is protected
. F
The selection amd arrangement of the information or idea
13) What does Hardial Singh a/l Hari Singh v Daim Zainuddin & 56 Ors demonstrate
regarding copyright of Compilations?
A purely mechanical effort, no matter how difficult or laborious, is not enough
if there was no input from him in respect of the arrangement of the information.
14) What is the requirement stated in S. 73(3)(b) Copyright Act 1987?
a work must be in writing, recorded form or reduced to material for.
15) What is the difference between property in the copyright and property in the
physical object?
16) Name any two exceptions to S.26(1) of the Copyright Act that states that the
creator is the owner of the copyright in his/her work.
-Commissioned under a contract; or
-Made in the course of the creator’s employment
17) What are the seven categories of original work defined in S.7(1)?
(i) Literary works,
(ii) Musical works;
(iii) Artistic works;
(iv) Films;
(v) Sound recordings;
(vi) Broadcasts; and
(vii) Typographical arrangements of published editions.
18) The word “literary” denotes literary merit or quality. F
19) What test is employed to determine whether tables and compilations are copyr
ight protectable? skill and effort’ test- the skill and labour that was invested
into their arrangement, selection and compilation
20) What effect does the enactment of the Industrial Designs Act 1996 have on c
opyright protection of industrial designs?Copyright (Amendment) Act 1996, such d
esigns which are capable of being registered under the Industrial Designs Act 19
96 are precluded from copyright protection
17) When does direct infringement of copyright take place? (i) That there is en
ough objective similarity between the original work and the infringing work;
(ii) That there is a causal link between the original work and the infringing
work; and
(iii) That the part that was infringed was a substantial part of the original
work.
18) Explain why actual knowledge in relation to indirect infringement is difficu
lt to prove.
19) How does fair dealing work as a defence?

20) How effective is private or domestic use as stated in S. 13(2)(gg), (ggg) or

(gggg) of the Copyright Act as a defence where the defendant copied the work fr
om a pirated copy?
21) Under what circumstances does the Copyright Act 1987 allow making back-up co
pies of computer programs?
22) List the statutory defences to infringement of copyright contained in S. 13(
20) Copyright Act 1987.