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LAW 243: BUSINESS AND CYBER LAW
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LAW 243: BUSINESS AND CYBER LAW

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  • 1. Copyright Act 1987  TheAct which outlines the mature of copyrightable work, scope of protections and how the protection can be obtained.  TheAct also provides sections on enforcement such as the power to enter a premise which is suspected to keep infringed articles and to investigate and to seize the pirated articles.
  • 2. Section 7 of copyright Act (CA) : Copyright includes:-  Literary works  Musical works  Artistic works  Films  Sound recordings  Broadcasting
  • 3. a. LiteraryWork • Novels, stories, books, pamphlets, manuscripts, poetical works and other writings • Plays, dramas, stage directions, film scenarios, broadcasting scripts, choreographic works and pantomimes • Treaties, histories, biographies, essays and articles • Encyclopedias, dictionaries and other works of reference • Letters, reports and memoranda • Lectures, addresses, sermons, and other works of the same nature • Tables or compilations, whether or not expressed in words, figures or symbols and whether or not in a visible form • Computer programs b. Artistic works • A graphic work, photograph, sculpture or collage, irrespective or artistic quality • A work of architecture being a building or a model for a building • A work of artistic craftsmanship
  • 4. c. MusicalWorks • Any musical works, and includes works composed for musical accompaniment d. Films • Any fixation of a sequence of visual images on material of any description, whether translucent or not, so as to be capable by use of that material with or without assistance of any contrivance • Of being shown as a moving picture or • Of being recorded on other material, whether translucent or not by the use of which it can be so shown e. Sound Recording • Any fixation of a sound of sequence capable of being perceived aurally and of being reproduced by any means, but does not include a sound-track associated with a film
  • 5. f. Broadcastings • A transmission, by wire or wireless means, of visual images, sounds or other information, which is : -capable of being lawfully received by members of the public -transmitted for presentation to members of the public and include the transmission of encrypted signals where the means for decrypting are provided to the public by the broadcasting service or with its consent
  • 6. 1. ORIGINALITY 2. REDUCETO MATERIAL FORM 3. WORK IS CATEGORIZED BYTHE ACT 4. QUALIFIED
  • 7.  Works must be original  Not mean novel or newness  But if it is not copied and emanates from the author. S.7(4) CA  Expanded sufficient effort to make the works original in nature. S.7(4) CA SECTION 7(3)(a) CA  There must be sufficient effort
  • 8. Copyright work must be written down, recorded or otherwise reduced to material form. S.7(3): A literary, musical or artistic work shall not be eligible for copyright unless – a) Sufficient effort has been expanded to make the work original in character; and b) The work has been written down, recorded or otherwise reduced to material form.
  • 9. Material Form: Material form is defined as includes any form (whether visible or not) of storage from which the work or derivative work, or a substantial part of the work or derivative work can be reproduced. S. 7(2A) CA: Copyright protection shall not extend to any idea , procedure, method, of operation or mathematical concept as such.
  • 10. The protection of copyright works only covered the works that be categorized by theAct.  Literary works  Musical works  Artistic works  Films  Sound recordings  Broadcasting
  • 11. Section 10 CA: To make the copyright works to be protected, the work must fulfill only one of the requirements:- Section 10(1) & Section 3 CA: The author is a citizen of Malaysia or permanent resident of Malaysia Section 10(1)(a)(b)(c) CA: The work is published in Malaysia
  • 12. Section 10(3) CA: The work is made in Malaysia. Section 11(1) CA: The work is made by or under the control of MalaysiaGovernment. Section 59 CA: A citizen or permanent resident of a country which is a member of a treaty.
  • 13. Berne Convention (1st October 1990):  Citizen/permanent resident of Malaysia/BerneConvention countries.  Publish in Malaysia/BerneConvention countries.  Made in Malaysia/BerneConvention countries.
  • 14.  Exclusive rights for a limited period  Copyright does not exist in perpetuity  Life and shall continue to subsist until the expiry of a period of 50 years after his death.(2000 Amendment)  If the work has not been published during the lifetime of the author, copyright in the work continue to subsist until the expiration of 50 years, following the year in which the work was first published.  In the case of a work with joint authorship, the life of author who dies last is used for the purpose calculating the copyright duration of the work.
  • 15. Section 13(1) CA :  Reproduce the work in any material form  Communicate to the public  Perform, show or play to the public  Distribute copies to the public by sale or other transfer of ownership  Rent commercially to the public of the whole work or a substantial part thereof, either in its original or derivative form
  • 16. Section 13(1)(a) CA : Reproduction in any material form Example : making film from novel. Owner has a right to : Make copies of work In any form of version Not restricted to direct copying
  • 17. Author: Section 26(1)CA : Author is the first owner; for example a programmer, music composer, a book or script writer or anyone who creates a copyrightable works.
  • 18. Section 26(2)(a)(b) CA : For a work which is created under commissioned or in the course of employment then the ownership belongs to the commissioner or employer Case : JOHN KENNETH CARPENTERV NAIM LAND SDN BHD January 29th, 2013. Plaintiff an Australian was employee of Naim Land Sdn Bhd from 2007 until 2010. Upon his dismissal the plaintiff received cash compensation in lieu of his notice period, his annual leave of 18 days and the salary he was receive till the end of his contract period. Further, the plaintiff claimed to have authored a procedure manual for the defendant called the Naim Standard Manual. However, the high court stated that as the plaintiff’s had neither claimed for reinstatement nor for back wages or termination benefits, the plaintiff’s claims for seeking damages for being unceremoniously booted out of the company had been rightly filed in civil court. On such grounds, the high court struck out the plaintiff’s claim as being unsustainable.
  • 19.  Direct infringement  Indirect infringement - It is an infringing act for any person to import without consent or license an article into Malaysia for commercial purpose where he knows that the making of the articles as carried out without consent or license from the owner of the performer’s rights.
  • 20. Solution if there is an infringement :  copyright owner shall lodge an official complaint supported by necessary document to the Enforcement Division of the Ministry of Trade and Consumer Affair if they suspect infringement.  Immediate action will be taken by the said ministry  The Division will conduct the necessary investigation and prosecution
  • 21. Why we need protection?  The transformation of ordinary copyright works to a digitized from develops new issues in this area.  Text documents, photographs, music films and computer programs are just some broad instances of works that can be manipulated easily through digitization technology.  By utilizing the same technology, the free riders will have the opportunity to create the same intangible goods without obtaining authorization from the real owner of the copyright works.
  • 22. Case : MEGNAWAY ENTERPRISE SDN BHDV SOON LIAN HOCK Plaintiff manufactures and markets security systems for cars with brandTHEF-PRO. It has developed and has drawings of all elements in the system. Soon Lian Hock started selling metal elements of the systems which are identical to those of the plaintiff’s drawing. This is the reason why Megnaway Ent. Sdn Bhd accused Soon Lian Hock in violation of copyright. In its decision the high court accepted that the controversial drawings of the metal elements are copyright as author showed enough creative effort.
  • 23. So, the 4 element of copyright can be used to claim if the author material are misused by other parties. Malaysian copyright act 1987 is very good in order to protect our local material. But, government has put some law regarding to this issue but still this copyright issue has its place in our country. People in this country are lack of awareness about the copyright issue. So, we should know that all of material produced are protected and it cannot be easily taken or copyright by others without permission.
  • 24. THANK YOU GUYS