The document provides an overview of Malaysia's copyright system, including:
- Works are automatically protected by copyright upon creation, without registration. Eligible works include literary works, musical works, artistic works, films, sound recordings, broadcasts, and derivatives.
- Copyright protection lasts for the life of the author plus 50 years for most works. There are specific terms for anonymous works, works of joint authorship, published editions, sound recordings, broadcasts, films, and works of the government.
- Authors have exclusive rights to reproduce, communicate, perform, distribute, and rent their works. Exceptions include fair use for research and review. Infringements can be addressed through civil remedies like damages or injunctions, or criminal penalties
Professional Issues in IT - Intellectual Property Basics
Reference : Tavani, Herman T., “Ethics and technology: controversies, questions, and strategies for ethical computing” , 4th Edition.
Professional Issues in IT - Intellectual Property Basics
Reference : Tavani, Herman T., “Ethics and technology: controversies, questions, and strategies for ethical computing” , 4th Edition.
I presented 'Intellectual Property for Startups—What Our Laws Demand' to tech entrepreneurs, startup founders, and enthusiast at Tech Unravel organized by Tribe, Awka, Anambra State, Nigeria, 8 April 2017.
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
I presented 'Intellectual Property for Startups—What Our Laws Demand' to tech entrepreneurs, startup founders, and enthusiast at Tech Unravel organized by Tribe, Awka, Anambra State, Nigeria, 8 April 2017.
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
LAW012 (Introduction to Law 1) definition list. This is made especially for UiTM's Foundations in Law first semester students, but everyone is welcomed to download.
Covers these topics: what is law, law as rules, law and morality, law and justice, law and equality, law and freedom, theories of law, and also law and society (all topics in the syllabus).
Legal Research and Information Processing Skills (LAW038) is one of the subjects that is mandatory for UiTM's Foundations in Law students throughout Semester 1.
All notes are packed in 19 pages only for easier yet effective revision.
Best efforts were made to ensure that everything you need to know to score your final exam is included in here (except for APA & MLA citation guide -- I provide other slides especially for those two topics, please look for them on my profile page). However, if there's any missing important information (apart from APA & MLA), do let me know in the comments section. Thank you and hope this helps you with your studies. Good luck!
I also have another version of APA citation guide here: http://www.slideshare.net/littlenotestoshare/apa-style-citation-guide-samples go take a look and see which one suits you the most :)
INCLUDED:
- Statehood and Sovereignty
- Non-state as Legal Actors
- United Nations
- Globalisation
- Global Human Rights Issues & Refugees
- Genocide
- European Union
- Environmental Degradation
- Overpopulation
- Terrorism
- World War I
- Communism vs Democracy
- Arm Race and Arm Control
- Biodiversity Loss
Note: Some parts, such as the advantages and disadvantages, has the '@' or has multiple options. This is because they were taken from various sources from the internet and books and there are just too many of them to choose from. Just choose the ones that you are able to memorise. If there's anything else that you don't understand from the notes, do leave a comment.
Chapters/topics that are NOT INCLUDED in the notes are:
- USA as Sole Superpower
- Primary Healthcare
- Other Regional Organisations such as OIC, ASEAN, etc.
- Poverty/Global Economic Issues/World Bank/IMF
- Others that are not stated in the included above
TIPS!
- Print on both sides but make sure to separate the chapters (don't mix two chapters on both sides of a piece of paper).
- Do not abandon the lecture notes that are given to you by the lecturers completely. Instead, combine those notes with this (in case there are incomplete information anywhere -- you'll get the best of both worlds).
- The font might seem to be too small but they're actually readable after printed.
If anyone wants the slides for any UiTM Foundations in Law subjects for Semester 2, feel free to leave a comment too.
Good luck and all the best!
Reference source is "A HAND BOOK OF COPYRIGHT LAW"
There is an acute lack of awareness on various issues relating to copyright and related rights amongst stakeholders, enforcement agencies, professional users like the scientific and academic communities and members of the public. The questions put forth by the representatives of these sections of society vary from those relating to the very fundamentals of intellectual property rights to those which relate to practical applications.
A slide on Intellectual Property Laws in India including Copyright, Patent, Trademark, Geographical Indication, Integrated Circuit Design, Industrial Design Trade secret and Protection of Plant Varieties.
RATIONALE OF COPYRIGHT PROTECTION
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the scope of protection in the Copyright Act,1957 ?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
3. Intellectual Property Guide - 7
Copyright System in Malaysia
This guide is intended to increase reader’s knowledge on intellectual property.
This document was prepared based on the feedback received by MyIPO.
4.
5. INFORMATION ON COPYRIGHT
Definition
Copyright is the exclusive right given to the owner of a copyright for a
specific period. Copyright protection in Malaysia is governed by the
Copyright Act 1987.
There is no system of registration for copyright in Malaysia. A work that
is eligible is protected automatically upon fulfillment of the following
conditions:
i)
ii)
iii)
iv)
sufficient effort has been made to make the work original in
character;
the work has been written down, recorded or reduced to a material
form;
the author is a qualified person; or
the work is made in Malaysia or the work is first published in
Malaysia.
Copyright Protection
Works eligible for protection are:
i)
ii)
iii)
iv)
v)
vi)
vii)
literary works;
musical works;
artistic works;
films;
sound recordings;
broadcasts; and
derivative works.
These works shall be protected irrespective of their quality and purpose
for which they were created. However, the copyright protection shall only
extend to expression and not ideas, procedures, methods of operation or
mathematical concepts as such.
25
6. Literary Work
Literary work consists of:
(i)
Novels, stories, books, pamphlets, manuscripts, poetical works and
other writings;
(ii) plays, dramas, stage directions, film scenarios, broadcasting scripts,
choreographic works and pantomimes;
(iii) treatises, histories, biographies, essays and articles;
(iv) encyclopaedias, dictionaries and other works of reference;
(v) letters, reports and memoranda;
(vi) lectures, addresses, sermons and other works of the same nature;
(vii) tables or compilations, whether or not expressed in words, figures
or symbols and whether or not in a visible form; and
(viii) computer programs.
Musical Work
Means any musical work, and includes works composed for musical
accompaniment.
Artistic Work
(i)
(ii)
(iii)
26
A graphic work, photograph, sculpture or collage, irrespective of
artistic quality;
a work of architecture being a building or a model for a building;
or
a work of artistic craftmanship, but does not include a layout-design
within the meaning of the Layout-Design Circuits Act 2000.
7. Films
Means 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 any assistance of any contrivance:
(i)
(ii)
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 and includes the sounds
embodied in any sound-track associated with a film.
(Based on this interpretation, background music of a film is part
of the film. This also applies to photographs taken from the film. A
recording of background music in the film without the consent of
the author constitutes copyright infringement.)
Sound Recording
Means any fixation of a sequence of sounds or of a representation of sounds
capable of being perceived aurally and of being reproduced by any means,
but does not include a soundtrack associated with a film.
Broadcasting
Means a transmission, by wire or wireless means, of visual images, sounds
or other information which:
(a)
(b)
is capable of being lawfully received by members of the public; or
is transmitted for presentation to members of the public.
27
8. Other Works Protected Under Copyright
Besides works that are protected under Section 7(1) of the Copyright Act
1987, there are other works that are also protected by copyright. Those
works are as stated below:
(a)
Derivative works
The following derivative works are protected as original works:
(i)
(ii)
(b)
translations, adaptations, arrangements and other
transformation of works eligible for copyright; and
collection of works or collections of mere data, whether in
machine readable or other form, works eligible for copyright
which, by reason of the selection and arrangement of their
contents, constitute intellectual creation.
Copyright in published editions of works
Copyright shall subsist, subject to the provisions of this Act, in every
published edition of any one or more literary, artistic or musical
work in the case of which either:
(i)
(ii)
the first publication of the edition took place in Malaysia; or
the publisher of the edition was a qualified person at the date
of the first publication thereof.
Qualification for Protection
Copyright shall subsist in every work eligible for copyright of which:
(i)
(ii)
28
The author or any of the authors is a qualified person at the time
when the work is made.
The first publication took place in Malaysia or any country which are
members of the Berne Convention.
9. Duration of Copyright Protection
(a)
Literary, musical or artistic works
Copyright in any literary, musical or artistic work shall subsist during
the life of the author and continue to subsist until the expiry of a
period of fifty years after his death.
b)
Works that have been published after the death of the author
Where a literary, musical or artistic work has not been published
before the death of the author, copyright which subsists in such work
under this Act shall continue to subsist until the expiry of a period of
fifty years computed from the beginning of the next calendar year
following the year in which the work was first published.
(c )
Works published anonymously or under a pseudonym
Where a literary, musical or artistic work is published anonymously
or under a pseudonym, copyright which subsists in such work
under this Act shall continue to subsist until the expiry of a period
of fifty years computed from the beginning of the next calendar
year following the year in which the work was first published or first
made available to the public or made, whichever is the latest.
(d)
Joint authorship
A work produced by the collaboration of two or more authors
in which the contribution of each author is not separable from
the contribution of the other author or authors. The duration of
protection for the works is fifty years computed from the death of
the last author.
(e)
Duration of copyright in published editions
Copyright which subsists in a published edition under this Act shall
continue to subsist until the expiry of a period of 50 years computed
from the beginning of the next calendar year following the year in
which the edition was first published.
(f)
Duration of copyright in sound recordings
Copyright which subsists in a sound recording under this Act shall
continue to subsist until the expiry of a period of 50 years computed
from the beginning of the next calendar year following the year in
29
10. which the recording was first published or, if the sound recording
has not been published, from the beginning of the calendar year
following the year of fixation.
(g)
Duration of copyright in broadcasts
Copyright in a broadcast shall continue to subsist until the expiry
of a period of 50 years computed from the beginning of the next
calendar year following the year in which the broadcast was first
made.
(h)
Duration of copyright in films
Copyright in a film shall continue to subsist until the expiry of a period
of fifty years computed from the beginning of the next calendar year
following the year in which the film was first published.
(i)
Duration of copyright in works of Government, Government
organizations and international bodies
Copyright in works of the Government, Government organizations
and international bodies shall continue to subsist until the expiry
of a period of fifty years computed from the beginning of the
next calendar year following the year in which the work was first
published.
Exclusive Rights of the Author
Copyright in a literary, musical or artistic work, a film, a sound recording
or a derivative work shall be the exclusive right of the author to control in
Malaysia:
(i)
(ii)
(iii)
(iv)
(v)
30
The reproduction in any material form;
the communication to the public;
the performance, showing or playing to the public;
the distribution of copies to the public by sale or other transfer of
ownership; and
the commercial rental to the public.
11. Exemptions to the Exclusive Rights of the Author
(a)
Justified performance for research, critiques, comments and other
related matters is explained in the below subsection.
- By way of fair dealing for purposes of non-profit research, private
study, criticism, review or the reporting of current events, subject
to the condition that if such use is public, it is accompanied by
an acknowledgement of the title of the work and its authorship,
except where the work is in connection with the doing of any
of such acts for the purposes of non-profit research, private
study and the reporting of current events by means of a sound
recording, film or broadcast.
Other Exemptions
(b)
(c)
(d
(e)
(f )
Any of the acts referred to in subsection (1) by way of parody,
pastiche or caricature;
the inclusion in a film or broadcast of any artistic work situated in a
place where it can be viewed by the public;
the reproduction and distribution of copies of any artistic work
permanently situated in a place where it can be viewed by the
public;
the incidental inclusion of a work in an artistic work, sound recording,
film or broadcast;
the inclusion of a work in a broadcast, performance, showing or
playing to the public, collection of literary or musical works, sound
recording or film, if such inclusion is made by way of illustration for
teaching purposes and is compatible with fair practice.
Infringements
Copyright is infringed by any person who, without the consent or licence
of the owner of the copyright, imports an article into Malaysia for the
purpose of:
(a)
Selling, letting for hire, or by way of trade, offering or exposing for
sale or hire, the article;
31
12. (b)
(c)
distributing the article:
(i) for the purpose of trade; or
(ii) for any other purpose to an extent that it will affect prejudicially
the owner of the copyright; or
by way of trade, exhibiting the article in public.
First Ownership of Copyright
Basically, Copyright shall vest initially in the author.
However, where a work:
(a) is commissioned by a person who is not the author’s employer under
a contract of service or apprenticeship; or
(b) not having been so commissioned, is made in the course of the
author’s employment; or
(c) the copyright shall be deemed to be transferred to the person who
commissioned the work or the author’s employer, subject to any
agreement between the parties excluding or limiting such transfer.
Assignment of Copyright
Copyright shall be transferable as movable property by assignment,
testamentary disposition, or by operation of law.
Copyright Enforcement
The author of copyright has two methods of enforcing his rights. The
author may enforce his or her rights through civil actions or criminal
proceedings.
Civil Remedies
The civil remedies available for infringemen of Copyright are damages,
injunction and accounts of profits.
32
13. (a)
Injunction
Three (3) types of injunctions :
i)
Interlocutory Injunction;
ii) Fixed Injunction; and
iii) Quia Timet.
(b)
Damages
Damages are to compensate the author of Copyright work or
plaintiff for the loses suffered as a repercusion of the infringement
committed by the defendant.
(c)
Additional damages
Where in an action under this section, an infringement of copyright
is proved or admitted, and the Court, having regard, in addition to
all other material considerations to:
(a) the flagrancy of the infringement; and
(b) any benefit shown to have accrued to the defendant by reason
of the infringement, is satisfied that effective relief would not
otherwise be available to the plaintiff;
(c) the Court in assessing damages for the infringement, shall
have power to award such additional damages by virtue of
this subsection as the Court may consider appropriate in the
circumstances.
(d)
Profitable accounts
The Plaintiff may request accounts from the Defendant. In estimating
calculation of the profit the Court shall take into account the revenue
that may be received by the plaintiff if the infringement does not
occur and award the reasonable sum to the plaintiff.
(e)
Surrender of infringing copies
The Plaintiff may apply a relief to court to enable the infringer to
surrender the infringing copies to him or her to be destroyed. The
reason is to hinder the infringer to distribute the infringement copies
to the third party.
Copyright Act 1987 also has provisions for Criminal Action to be
taken on infringers of copyright works in Malaysia.
33
14. Offences
(a)
(b)
(c)
(d)
(e)
(f )
(g)
Makes for sale or hire any infringing copy;
sells, lets for hire or by way of trade, exposes or offers for sale or hire
any infringing copy;
distributes infringing copies;
possesses, otherwise than for his private and domestic use, any
infringing copy;
exhibits in public any infringing copy by way of trade;
imports into Malaysia, otherwise than for his private and domestic
use, an infringing copy;
makes or has in his possession any contrivance used or intended to
be used for the purposes of making infringing copies.
Offences of Technology Circumvention
(h)
(i)
(j)
Circumvents or causes the circumvention of any effective
technological measures referred to in subsection 36(3) of the said
Act;
removes or alters any electronic rights management information
without authority; or
distributes, imports for distribution or communicates to the public,
without authority, works or copies of works in respect of which
electronic rights management information has been removed or
altered without authority.
Penalties Provided Under the Provisions
A person found guilty of committing an offence can be penalised as stated
below:
-
34
In the case of an offence under paragraphs (a) to (f ), a fine of not
less than two thousand ringgit and not more than twenty thousand
ringgit for each infringing copy, or imprisonment for a term not
exceeding five years or both and for any subsequent offence, a
fine of not less than four thousand ringgit and not more than forty
thousand ringgit for each infringing copy or imprisonment for a
term not exceeding ten years or both.
15. -
In the case of an offence under paragraph (g), a fine of not less than
four thousand ringgit and not more than forty thousand ringgit for
each contrivance in respect of which the offence was committed or
imprisonment for a term not exceeding ten years or both and for any
subsequent offence, a fine of not less than eight thousand ringgit
and not more than eighty thousand ringgit for each contrivance in
respect of which the offence was committed or imprisonment for a
term not exceeding twenty years or both.
-
In the case of an offence under paragraphs (h), (i) and (j), a fine not
exceeding two hundred and fifty thousand ringgit or imprisonment
for a term not exceeding five years or both and for any subsequent
offence, a fine not exceeding five hundred thousand ringgit or
imprisonment for a term not exceeding ten years or both.
Copyright and Moral Rights
This principle defines the rights related to copyright as a property and also
a moral right of the author (“droit moral”) on his or her works.
Types of Moral Rights
(a)
Paternity Rights
- This rights allows the author to claim the originality rights of his
or her creation.
(b)
Integrity Rights
- This rights authorizes the author to restrict others from distortion,
mutilation or other modifications of his or her works whereby
the result of the modification will significantly alter the original
work and adversely affect the author’s honour or reputation.
Statutory Rights
Moral Rights provided under the Copyright Act 1987 provision is also
known as Statutory Rights of the Author on his or her copyright works.
Any infringement of these rights is considered as infringing the Statutory
Obligations.
35
16. Definition of Performer
“Performer” means a person who performs a live performance.
Live Performance
(a)
Includes:
(i)
a performance of a dramatic work, or part of such a work,
including such a performance given with the use of puppets,
or the performance of an improvised dramatic work;
(ii) a performance of a musical work or part of such a work, or the
performance of an improvised musical work;
(iii) the reading, recitation or delivery of a literary work, or part
of such a work, or the reading, recitation or delivery of an
improvised literary work;
(iv) a performance of a dance;
(v) a performance of a circus act or a variety act or any similar
presentation or show; or
(vi) a performance in relation to expressions of folklore, which is
given live by one or more persons in Malaysia, whether in the
presence of an audience or otherwise; but
(b)
does not include:
(i)
any reading, recital or delivery of any item of news or
information;
(ii) any live performance of a sporting activity; or
(ii) a participation in a live performance by a member of an
audience.
Qualification for Protection of Performer
Performers’ right shall subsist in every live performances of which the
performer is:
(a)
(b)
36
a citizen or permanent resident of Malaysia; or
not a citizen or permanent resident of Malaysia but whose
performance:
(i) takes place in Malaysia;
17. (ii)
is incorporated in sound recordings that are protected under
this Act; or
(iii) has not been fixed in a sound recording but is included in a
broadcast qualifying for protection under this Act.
Duration of Performers’ Rights
Rights in a live performance shall continue to subsist until the expiry of a
period of fifty years computed from the beginning of the next calendar
year following the year in which the live performance was given.
Copyright Tribunal
The Copyright Tribunal consists of members appointed by Minister of
MDTCA as provided by Copyright Act 1987, and has two main functions:
(a)
(b)
Approves applications for translation of foreign works into the
national language; and
settles disputes between Collecting Societies and users of music.
The Tribunal only determines rates and its decisions are final. An appeal
to the High Court may be made only on “points of law” but not on the
decisions of the Tribunal.
Establishment of Copyright Tribunal
The Copyright Tribunal was established to create a balance between the
Right Holders and the users of their copyright works.
Cases That Can be Referred to Copyright Tribunal
Cases that can be filed to Copyright Tribunal is stated as below:
(a)
Cases to translate foreign works if the effort to get the consent from
the owner is not possible or the owner declined to give consent for
the translation work.
37
18. (b)
Cases related to copyright terms and licensing schemes relating:
(i)
the reproducing of the work;
(ii) performing, showing or playing the work in public;
(ii) communicating the work to the public; or
(iv) distributing the work to the public.
Parties That Can Refer Cases to Copyright Tribunal
Parties that can initiate the proceedings are as stated below:
i)
ii)
iii)
38
Representatives of the person who needs the license;
operator of the licensing scheme; or
person who is not granted the licensing scheme by the operator of
licensing scheme.