Copyrights Law in Malaysia
In Malaysia, copyright law is governed primarily by the Copyright Act 1987, which has been amended several times to align with international treaties and digital developments. Here's a comprehensive overview of Malaysia's copyright law:
📘 Overview of Copyright Law in Malaysia
🔹 What is Copyright?
Copyright protects original works of authorship such as:
Literary works (books, articles, computer programs)
Musical works
Artistic works (paintings, drawings, photographs)
Films and sound recordings
Performances
It gives creators exclusive rights to use and distribute their work.
📜 Legal Framework
Main Law: Copyright Act 1987
Governing Body: Intellectual Property Corporation of Malaysia (MyIPO)
International Treaties:
Berne Convention (since 1990)
TRIPS Agreement (WTO)
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
🔐 Automatic Protection
In Malaysia, copyright protection is automatic upon creation. No registration is required, although voluntary notification with MyIPO is possible and useful as legal evidence.
⏳ Duration of Copyright
| Type of Work | Duration |
|---|---|
| Literary, Musical, Artistic Works | Lifetime of author + 50 years |
| Films, Sound Recordings, Broadcasts | 50 years from publication |
| Performances | 50 years from performance |
✅ Exclusive Rights of the Copyright Owner
Reproduce the work
Communicate or perform it to the public
Distribute copies
Make adaptations or translations
⚠️ Infringement & Penalties
Copyright infringement includes:
Copying or distributing copyrighted work without permission
Performing or showing the work in public without consent
Uploading or downloading copyrighted materials illegally
Penalties may include:
Fines up to RM 100,000
Imprisonment up to 5 years
Civil claims for damages
🔄 Fair Use / Fair Dealing
Malaysian law allows limited use of copyrighted works for:
Research or private study
Criticism or review
Reporting news
Educational purposes
⚠️ Must be non-commercial and properly attributed.
📝 Voluntary Notification (Registration)
While not required, you can voluntarily notify MyIPO to:
Strengthen legal claims in court
Create official evidence of ownership
Notify public of your rights
📌 Recent Updates
Malaysia is adapting to digital copyright challenges (e.g., piracy, online platforms)
Strengthening enforcement via the Copyright (Amendment) Act 2022:
Criminalizing streaming piracy
Strengthening online enforcement powers
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