Copyright – FAQs

Copyright is a form of intellectual property protection that grants creators of original works exclusive rights over the use and distribution of those works. It arises automatically upon creation, no registration is required. Copyright covers a wide range of creative works including literature, music, art, film, and software.

In most countries, including Malaysia, copyright protection arises automatically the moment an original work is created and fixed in a material form, no registration is required. However, some countries offer voluntary registration as evidence of ownership, which can be useful in infringement disputes.

Copyright protects original creative works (books, music, art, software) automatically upon creation. A trademark protects brand identifiers such as names, logos, and slogans and requires registration to receive full statutory protection. A logo, for example, may be protected by both copyright (as an artistic work) and trademark (as a brand identifier).

A voluntary notification is a formal declaration of ownership filed with MyIPO. It is not a registration in the trademark or patent sense, but it produces a prima facie evidence certificate that is admissible in court and useful for enforcement, licensing negotiations, and commercial transactions where the counterparty needs documentary comfort that you actually own the work.

Copyright in an original work belongs to the author, or author(s), in the case of a work of joint authorship. Owners of copyrighted works in literary, musical or artistic works, films and sound recordings have the exclusive rights to control:

• 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
• The commercial rental to the public

Yes. As the copyright owner, you may grant licences to third parties allowing them to use your work in ways that would otherwise require your permission. Licences can be exclusive or non-exclusive, and may cover specific uses, territories, or time periods. Licensing agreements should be in writing to avoid disputes.

Yes. Copyright can be assigned (fully transferred) to another person or entity, typically by a written agreement. Once assigned, the new owner holds all the exclusive rights. An assignment is different from a licence, the original creator retains no rights after an assignment unless the agreement provides otherwise.

Moral rights protect the author’s right to be identified as the author and to object to derogatory treatment of the work, distortions or modifications that prejudice the author’s honour or reputation. They are personal to the author and not transferable, although they may be waived in certain circumstances. Moral rights subsist alongside any assignment of economic rights.

Licensing Bodies are organisations declared under the Copyright Act 1987 that administer collective licensing of copyright works on behalf of rights holders, particularly in the music, broadcasting, and publishing industries. They issue blanket licences to users (broadcasters, venues, education providers), collect royalties, and distribute them to their member rights holders.

Works eligible for copyright protection are as follows:

• Literary works
• Musical works
• Artistic works
• Film
• Sound recordings
• Broadcasts
• Derivative works and more

Copyright protection is not granted to any idea, procedure, method of operation or mathematical concepts. A literary, musical or artistic work will not be eligible for copyright unless (1) Sufficient effort has been expended to make the work original in character, and; (2) The work has been written down, recorded or otherwise reduced to material form.

Generally, no. Short phrases, titles, names, and slogans are typically not protected by copyright as they lack sufficient originality. However, they may be eligible for trademark protection. A sufficiently original creative work embedded in a title or slogan may attract copyright protection in certain circumstances.

Malaysian copyright law presently requires a qualified human author. Works generated solely by AI without sufficient human authorship may not qualify for copyright protection. Where a human has provided meaningful creative input — selection, arrangement, or substantive editing — protection may attach to that human contribution. This is an evolving area and specific legal advice is recommended for any AI-assisted output your business intends to commercialise.

The duration of copyright in each category is variable. For literary, musical or artistic works, copyright subsists during the life of the author and 50 years after the death of the author.

Duration varies by work type. In Malaysia, under the Copyright Act 1987: films and sound recordings are protected for 50 years from the date the work was made or first published; broadcasts are protected for 50 years from the year the broadcast was first made. These periods may differ in other jurisdictions.

Copyright protection is largely international thanks to treaties such as the Berne Convention, to which most countries are signatories. Under the Berne Convention, a work protected in one member country is automatically protected in all other member countries, without the need for local registration. The term and scope of protection, however, is governed by the law of the country where protection is claimed.

Software is protected as a literary work upon creation. Best practice includes maintaining version-controlled source code, keeping internal authorship and contributor records, applying confidentiality measures (NDAs and access controls), and lodging a voluntary notification with MyIPO for evidentiary support. For commercial code, layering trade-secret protection over the source and licensing only the compiled output is also a common strategy.

Maintain dated drafts, version histories, design files, internal correspondence, contracts with contributors, and publication or release records. Voluntary notification with MyIPO further strengthens your evidentiary position in any dispute by producing a dated official certificate naming you as the declared owner.

In most jurisdictions, including Malaysia, copyright in a work created by an employee in the course of their employment belongs to the employer, unless there is an agreement to the contrary. For commissioned works, ownership depends on the terms of the contract, it is important to address copyright ownership expressly in any commission agreement.

Ownership depends on the contractual terms. In the absence of agreement, default rules vary based on the nature of the work and the relationship between the parties, and often the commissioning client does not automatically own the work. A written assignment or licence is strongly recommended for any commissioned creative work — photography, design, branding, software, or written content — before the engagement starts.

A work of joint authorship is a work produced by two or more authors with the intention that their contributions be merged into a single work. In such cases, copyright is co-owned by all authors. Any co-owner may generally use the work, but licensing or assignment typically requires the consent of all co-owners, depending on jurisdiction.

First, document the infringement (screenshots, copies, purchase records). Consider sending a cease-and-desist letter. If the infringement continues, you may pursue civil remedies including an injunction and damages or an account of profits. For online infringement, most platforms provide takedown mechanisms (such as DMCA notices). Consult an IP attorney for advice tailored to your situation.

Fair dealing (or fair use in some jurisdictions) is a statutory exception that permits limited use of copyrighted works without the owner’s permission for purposes such as research, private study, criticism, review, or news reporting. The use must be fair and proportionate. It does not allow copying entire works or uses that harm the commercial value of the copyright.