COPYRIGHT
Service
Secure your intellectual property rights with our copyright services,
providing peace of mind and long-term protection for your original work.
What is A Copyright?
Copyright in Malaysia is regulated by the Copyright Act 1987. Copyright protection is automatic upon the creation of an original work and does not require registration. It covers literary, musical, artistic, and dramatic works, as well as films, sound recordings, and broadcasts.
Copyright grants the owner exclusive rights to reproduce, distribute, perform, display, or license the work. The duration of copyright protection varies: for literary, musical, or artistic works, it lasts for the life of the author plus 50 years; for sound recordings and films, it lasts for 50 years from the year of publication.
What does copyright protect?
Copyright protects original works of authorship that are fixed in a tangible form of expression. This protection is automatically granted when an original work is created and expressed in a way that others can perceive, reproduce, or communicate.
Literary Works
Books, poems, articles, and other written content.
Musical Works
Songs, compositions, and accompanying lyrics.
Artistic Works
Paintings, sculptures, photographs, and drawings.
Dramatic Works
Plays, scripts, and choreography.
Films and Videos
Cinematographic works and other audiovisual recordings.
Sound Recordings
Recorded audio performances and compositions.
Computer Programs
Software and code.
Architectural Designs
Original building designs and blueprints.
Who Owns Copyright?
Copyrights in a work vests initially in the author (writer, composer, maker of the work, etc). However, where the making of a work is made by an employee in the course of his employment, unless there is any contrary agreement, the copyright in the work shall be deemed to vest in the person who commissioned the work or the employer.
The author’s right is transferable by assignment, testamentary disposition or by operation of law, in which case the assignee shall be the owner.
Copyright lasts for the author’s lifetime plus 50 years after death. If unpublished during the author’s life, it extends 50 years from the year of first publication.
Protected for 50 years from the start of the year following its first publication or fixation.
Lasts for 50 years from the start of the year following the first broadcast.
Copyright lasts for 50 years from the year following its first publication, availability to the public, or creation—whichever is latest.
Copyright in works of 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 calendar year next following the year in which the work was first published.
Intellectual Property (IP) Protection in Southeast Asia
Copyright protects original works of authorship such as books, music, and software. Most ASEAN countries are members of the Berne Convention, ensuring automatic protection without registration.
Filing Requirements
- Copyright is generally automatic; however, registration provides added legal advantages.
- Applicant’s name and address.
- Proof of originality.
- Appointment of THE IP CO. as your Trusted Design agent.
Documents Required
- Applicant Details (Individual / Company) for Application. (if registering).
- Copy of the work.
- Declaration of ownership.
- Payment for official fees.
Malaysia
- Copyright is automatic under the Copyright Act.
- Voluntary registration is available. Filing in English Allowed.
- Validity of the copyright protection period after the death of the author(s): 50 years.
- Require certified copy of the priority document and its English translation (softcopy).
Singapore
- Copyright is automatic under the Copyright Act.
- No Registration processes.
- Validity of the copyright protection period after the death of the author(s): 50 years.
Philippines
- Voluntary registration is available. Filing in English Allowed.
- Validity of the copyright protection period after the death of the author(s): 25 years.
- Require certified copy of the priority document and its English translation (softcopy).
Brunei Darussalam
- Copyright is automatic under the Copyright Act.
- No Registration processes.
- Validity of the copyright protection period after the death of the author(s): 50 years.
Indonesia
- Voluntary registration is available. Requires Indonesian language translation for Filing.
- Validity of the copyright protection period after the death of the author(s): 50 years.
- Require certified copy of the priority document and its English translation (softcopy).
Thailand
- Copyright is automatic under the Copyright Act.
- No Registration processes.
- Validity of the copyright protection period after the death of the author(s): 50 years.
Cambodia
- Voluntary registration is available. Requires Khmer language translation
for Filing. - Validity of the copyright protection period after the death of the author(s): 50 years.
- Require certified copy of the priority document and its English translation (softcopy).
Laos
- Voluntary registration is available. Requires Lao language translation for Design Filing.
- Manual Search (no official database)
- Validity of the copyright protection period after the death of the author(s): 50 years.
- Require certified copy of the priority document and its English translation (softcopy). PoA notarized by the Notary Public.
Vietnam
- Voluntary registration is available. Requires Vietnamese language translation for Filing.
- Validity of the copyright protection period after the death of the author(s): 50 years.
- Require certified copy of the priority document and its English translation (softcopy).
Myanmar
- There is presently no functioning system of IP protection in Myanmar. Companies should be aware of this limitation and discuss with us what strategies may be available.
- Manual Search (no official database)
- Re-registration in the form of Declaration.
- Re-publication in the local daily newspapers or weekly journals.
- Evidence of use or promotion of goods or services bearing the mark/idea/design in Myanmar or any other use is required for renewal.
Frequently asked questions
Do I Need to Register My Copyright?
No, copyright protection is automatic as soon as your work is created and fixed in a tangible medium (like writing, recording, etc.). However, registering your copyright with a national authority (like the Copyright Office) offers legal benefits, such as public record of your work and the ability to sue for statutory damages and attorney fees in case of infringement.
Can I Use Someone’s Copyrighted Work with Permission?
Yes, you can use someone else’s copyrighted work if you obtain explicit permission or a license from the copyright owner. The terms of use, such as whether you need to pay or credit the creator, should be clearly outlined in the agreement. Without permission, using the work may constitute infringement.
What Is Fair Use, and Can I Use a Copyrighted Work Without Permission?
Fair use allows limited use of copyrighted works without permission for purposes like criticism, comment, news reporting, teaching, scholarship, or research. However, fair use is a complex legal doctrine and depends on factors like the purpose of use, the amount of the work used, and its effect on the market.
Can Copyright Be Transferred?
Yes, copyright can be transferred or assigned to another party, such as a publisher or production company, through an agreement. This transfer of ownership allows the new owner to exercise the same exclusive rights granted by copyright law.