UNIT 5: COPYRIGHT “Respect Copyright, Celebrate Creativity”

Copyright is the exclusive right given to the owner of a copyright for specific period. Copyright protection in Malaysia is governed by the Copyright Act 1987.

Purpose to give the creator control and a monopoly on royalties for a period of time promotes creativity

WORK ELIGIBLE FOR COPYRIGHT PROTECTION

literary works literary works include nondramatic textual works with or without illustrations. Computer programs and databases also are considered literary works:- Fiction, nonfiction, manuscripts, dissertations, theses, reports, speeches, pamphlets, Brochures, textbooks, reference works, directories, catalogs musical works can refer to an original piece of music, either a song or an instrumental music piece, the structure of a musical piece, or the process of creating or writing a new song or piece of music artistic works including a graphic work, photograph, sculpture or collage, with "graphic work" further defined to include paintings, drawings, diagrams, maps, charts, plans, lithographs, woodcuts or similar

films Motion pictures are typically embodied in film, videotape, or videodisk. sound recording Sound recordings are defined in the law as “works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work.” Common examples include recordings of music, drama, or lectures. copyright protection extends to two elements in a sound recording: (1) the contribution of the performer(s) whose performance is captured and (2) the contribution of the person or persons responsible for capturing and processing the sounds to make the final recording

broadcasts is an electronic transmission of visual images, sounds or other information which is transmitted for simultaneous reception by the public and is capable of being lawfully received by them, or is transmitted at a time determined solely by the person making the transmission for presentation to members of the public. However, internet transmissions are excluded from the definition of “broadcast” unless:  concurrent transmission of a live event derivative works A derivative work is a new, original product that includes aspects of a preexisting, already copyrighted work. Also known as a "new version,“. examples of derivative works include: Translating an English novel into Spanish Remixing previously released music, Creating a sequel to a film using characters and other elements from the original.

What is not protected? ideas, concepts, or discoveries; titles, names, short phrases, and slogans; works that are not fixed in a tangible form of expression such as improvised speech or dance; works consisting entirely of information that is commonly available and contains no originality

WHAT DOES COPYRIGHT GIVE RIGHTS HOLDERS?

Right to reproduce the work. Right to prepare derivative works. Right to distribute copies for sale. Right to display musical and artistic works publicly

HOW LONG DOES COPYRIGHT LAST?

Literary, Musical and Artistic Works Copyright in any literary, musical or artistic work shall subsist during the life of the author plus 50 years after his death. However, if a work has not been published during the lifetime of the author, copyright in the work continues 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 the author who dies last is used for the purpose of calculating the copyright duration of the work.

Films The duration of the copyright in films shall continue to subsist for a period of 50 years computed from the beginning of the calendar year next following the year in which the film was first published or first made available to the public or made, whichever is the last. Sound Recordings shall subsist until the expiry of a period of 50 years computed from the beginning of the calendar year next following the year in 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.

Broadcasts the duration shall continue to subsist until the expiry of a period of 50 years computed from the beginning of the calendar year next following the year in which the broadcasts was first made. Derivative Works Copyright in derivative works shall continue to subsist until the expiry of a period of 50 years computed from the beginning of the calendar year next following the year in which the work was first published.