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

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

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

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

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

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

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.

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

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