Copyright Registration
Copyright Registration & Protection in Malaysia
Copyright, an integral facet of intellectual property rights, predominantly extends its protective mantle over various creations. These encompass books, periodicals, promotional literature, melodies, software applications, written compositions, corporate communications, and any innovative works that entail original literary or artistic endeavours. The purview of copyright law serves as a guardian, shielding the earnings generated by enterprises through chart-topping music albums, beloved literary works, engaging computer games, and cutting-edge software innovations.
To effectively navigate copyright registration and protection in Malaysia, a recommended practice is to proactively tackle the matter of ownership, ideally before any creative work comes into existence. It is wise to formalize agreements with your business partner(s) that delineate ownership and usage rights regarding the copyright before committing significant resources or investments.
Why Should You Register (Lodge Voluntary Notification) Your Copyrighted Work in Malaysia?
Copyright Registration & Protection in Malaysia
Malaysia is one of the members of the Berne Convention. Thus, copyright registration is not obligatory in Malaysia. Copyright protection will be granted automatically to original works without the requirement of formal registration. You can employ the Copyright Voluntary Notification if you hold copyrights as an individual aspect. This protection can verify your ownership of the content created and as proof of the creation date.
When you officially register your work, you earn the designation of a certified copyright holder and receive a certificate. This certificate is indisputable evidence of your copyright ownership, with substantial legal significance. This certificate aims to verify the facts in any potential dispute, streamlining the legal proceedings and reducing the time and costs of pursuing copyright infringers.
Our services include:
- General advice regarding lodgement of copyright voluntary notification
- Drafting Statutory Declaration in support of voluntary notification
- Filing copyright voluntary notification in Malaysia
- Facilitating registration of copyright in other jurisdictions
- Negotiating and drafting license and/or assignment agreement
- Advising on infringement of copyright
- Advising on enforcement of copyright
- Conducting copyright due diligence and portfolio management
- Copyright valuation
Our services include:
Venture IP is your destination for support in all facets of copyright. We cover everything from determining copyright validity and establishing robust record-keeping systems to managing ownership transfers, copyright licensing, and other copyright-related dealings. Embark on your journey through the realm of intellectual property protection and copyright registration with us.
Copyright FAQs
a. Literary works
b. Musical works
c. Artistic works
d. Films
e. Sound recordings
f. Broadcasts
g. Derivative works, including translation, adaptations and arrangements and other transformations of works eligible for copyright
h. Collections of works or collections of mere data
i. Published edition of works
No, it is not compulsory. Malaysia is a member state of the Berne Convention. Berne Convention gives automatic copyright protection to original works without the need for registration. Copyright arises automatically upon the creation of a work that has been written down, recorded or reduced to a material form.
However, copyright owner like you may use the Copyright Voluntary Notification to assist in providing prima facie evidence of titles or ownership of your created work and evidence of the date of creation. Upon successful recordal, the copyright owner will be issued a certificate being prima facie evidence on the copyright ownership. In case of any dispute, this certificate can be used in Court to prove the facts made.
Voluntary notification of copyright works can be submitted to MyIPO with minimal charges.
a. Literary, Musical or Artistic Works Copyright shall subsist during the life of the author plus fifty (50) years after his death.
b. Film, Sound Recordings and Performer Copyright shall subsist for fifty (50) years from the work was published, fixed in a fixation for the film and sound recording. For performer, the copyright work shall subsist from the performances or fixation in a sound recording.
c. Copyright in broadcasts shall subsist for fifty (50) years from which the broadcasts was first made.
Unfortunately, no. The voluntary notification is only applicable in Malaysia.
You will need to apply to each desired country in which you want to pursue copyright protection. However, note that not all countries require copyright registration to be entitled for protection as it may be automatically granted upon creation of the work fulfilling the legal requiremen.
a. Author’s name (including NRIC no. / Passport no.)
b. Author’s address
c. Owner’s name (including NRIC no. / Passport no. for individual; Registration no. for corporate applicant)
d. Owner’s address
e. Title of work (translation and transliteration is required if it is neither in Malaysia National language nor English language)
f. Type of work
g. Date of creation
h. Date of publication (if applicable)
i. Licensee’s name and address (if applicable)
To find further details about copyright law and registration in Malaysia, please consult our Copyright FAQs section.
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