2026 is here, and some works went into the public domain. But what does that mean? Here, we will break it down for you.

What is Copyright?

In Malaysia, copyright is governed by the Copyright Act 1987.

Copyright protection arises automatically once a creative work is created and fixed in a tangible form. There is no requirement to register the work for copyright to exist. If you created it, you are the first owner, unless the law says otherwise.

What kinds of works are protected?

Under Malaysian law, copyright protects original expression, including:

  • Literary works (books, articles, lyrics, software)
  • Musical works
  • Artistic works (drawings, photographs, designs)
  • Films
  • Sound recordings
  • Broadcasts

However, this protection is limited. For literary, musical, and artistic works, the protection lasts for the lifetime of the author + 50 years of their passing. In contrast, films and sound recordings are protected for 50 years from the beginning of publication. After the time period expires, it will automatically go into the public domain on the first of January of the following year.

Furthermore, Malaysia is a member of the Berne Convention, a group consisting of 182 other nations, including the UK, the US, Japan, etc. This means Malaysian works are recognised and protected in other Berne member countries, and foreign works are protected in Malaysia. For instance, a Japanese anime is under copyright protection in Japan, it is also protected in Malaysia.

What is the Public Domain?

Think of it as a ‘library’ that belongs to everyone. When a creative work is in the public domain, it is no longer protected by intellectual property laws. Hence, you no longer need permission or pay royalties to use, perform or remix it. Instances of these remixes are like the Winnie the Pooh horror movie or the Pride and Prejudice and Zombies book.

Examples of Famous Works in the Public Domain

Malaysian Classics:

  • P. Ramlee’s Early Films’ characters and stories
  • Traditional Folk Stories like Sang Kancil, Mahsuri and Puteri Gunung Ledang
  • Negaraku (in a respectful manner)

Other Famous Works:

  • Sherlock Holmes
  • Mickey Mouse (Steamboat Willie)
  • The Great Gatsby by F. Scott Fitzgerald

Additionally, as of January 1, 2026, characters like:

  • Miss Marple by Agatha Christie’s novel The Murder at the Vicarage
  • Early versions of Pluto-like characters from Disney cartoons entered the public domain this year.
  • Betty Boop in the Dizzy Dishes (1930)

are all entering the public domain.

Dangers of Public Domain Use

However, it is not all smooth sailing. Works in the public domain don’t mean they can be used willy-nilly.

Late Version Trap

Just because a character is in the public domain doesn’t mean every version is. Users must be careful in their selection and do proper research. If you use a version of a character that was introduced in a later, still-copyrighted work, you can be sued.

2026 Example: Pluto (Disney) entered the public domain this year. However, in his 1930 debut, he didn’t have his name “Pluto” yet, he was just a dog named “Rover.” If you call him Pluto in your own book, you might be infringing on later copyrights.

Another easy example is Mickey Mouse. You can use the 1928 Mickey Mouse (Steamboat Willie), but you cannot give him white gloves (added in 1929) or red shorts (added later) until those specific versions expire.

Trademark Trap

While copyright is temporary, trademarks can last forever. Disney still owns the trademark for Mickey Mouse as a brand mascot.

So, while you can write a comic book about the 1928 Mickey, you cannot put Mickey’s face on a backpack or use it as your company logo. If a consumer looks at your product and thinks, “Oh, this is a Disney product,” you have committed Trademark Infringement, which has nothing to do with public domain status.

Across the Border Traps

This issue arises because every country has its own laws regarding copyright. While Malaysia practices a 50-year term, like most Asian and African nations. Others, like the US, UK and almost all of the EU, are in the 70 year time period or longer.

If an author died in 1975, their work enters the public domain in Malaysia on January 1, 2026. You can legally print and sell that book in Kuala Lumpur. However, in the USA, that same book is protected until 2046. If you upload that book to your website or sell it on Amazon, the US publisher can sue you for “importing” a copyrighted work into their territory.

However, there is a legal loophole in international treaties like the Berne Convention, called the ‘Rule of the Shorter Term’. It allows a country to apply the shorter of two copyright terms: its own term, or the term of the country of origin.

A famous example of this is The Diary of Anne Frank. For years, copyright experts circled January 1, 2016, on their calendars. Since Anne Frank died in 1945, the 70-year timer on her diary was supposed to hit zero, making the book free for the world. But when that day arrived, a massive legal war broke out that continues to haunt creators today.

The “Loopholes” Used to Block the Public Domain:

  • The “Co-Author” Twist: To prevent the diary from becoming free, the Anne Frank Fonds (the foundation holding the rights) argued that Anne’s father, Otto Frank, wasn’t just an editor, he was a co-author because he “collaged” her entries. Since Otto died in 1980, this would push the copyright back to 2051!
  • The “Posthumous” Trick: In the Netherlands, some laws grant extra protection to works published after an author dies. The foundation argued that because new versions of the diary were published in the 1980s, the “timer” restarted for those versions.

The result? In the US, most versions of the diary remain under copyright. While in Europe, courts have mixed rulings, while some allow the publication, like Belgium, others, like the Netherlands, have different rules, meaning the copyright remains until 2037.

Final Thoughts

The public domain gives everyone the freedom to reuse, remix, and reimagine classic works, but it’s not as simple as it sounds. Different copyright terms, later-version traps, and trademark restrictions can still create legal risks if you’re not careful.

If you’re unsure whether a work is truly in the public domain or how you can legally use it, contact us at Quality Oracle for guidance. We’re here to help you create confidently, without crossing legal lines.