Indrani Thuraisingham - Malaysian Law Review - Presentation Transcript
La voix des Consommateurs à travers le monde The global voice for consumers La voz global para la defensa de los consumidores Malaysian Copyright Law Review
Copyright and Access to Knowledge
Since 2005, CI Kuala Lumpur has conducted a successful project on Copyright and A2K
Main findings:
National copyright laws don’t fully utilize the exceptions and provisions provided for in international treaties to enhance access to knowledge
Law Reviews
Following from the copyright project
Indonesian law review
Malaysian law review
National stakeholder workshop
Malaysian copyright law
Malaysia copyright act 1987
Amended in 1990, 1996, 1997, 2000,2002, and 2003
Malaysia is a member of the Berne convention and the TRIPS agreement
Malaysia is yet to accede to the WCT and the WPPT, but most of the substantive provisions have already been incorporated into national copyright law
Fair use
Now: fair dealing is restricted to a specific set of purposes mentioned in the copyright law, such as non-profit research or review
CIKL wants four non exclusive statutory factors
The purpose and the character of the dealing
the nature of the copyrighted work
the amount and substantiality of the portion used in relation to the copyright work as a whole
the effect of the dealing upon the potential market for or value of the copyright work
Educational institution
Now: The definition of educational institution is narrow
CIKL wants to broaden the definition that better reflects current educational needs
Distance education
Now: no explicit exceptions for distance education are included in the copyright law.
CIKL wants to include specific new exceptions in the Malaysian copyright law to:
enable educational institutions to digitize reading materials for purposes of online correspondence
exempt the communication of lessons to enable systematic instruction to take place
Circumvention of Technological Protection Measures
Now: the article concerning the circumvention of TPMs is rather unclear
CIKL wants to amend the article to:
make it more clear
to make the manufacturing and marketing of a circumvention device an offence, and not the act of circumvention itself.
Next steps
The Malaysian law review - that a lot can be done to improve access to knowledge while simply implementing the flexibilities already provided for in International treaties
CIKL hopes that organisations in other countries will also review their national copyright laws and make clear recommendations to their governments
Only then, knowledge material can become accessible for every consumer throughout the world
La voix des Consommateurs à travers le monde The global voice for consumers La voz global para la defensa de los consumidores Thank you for your attention
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