MALAYSIA Law and Practice Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Woo Wai Teng and Ashlyn Kwong, LAW Partnership
3.5 Term of Protection and Termination Term of Protection in Malaysia The term of protection is as follows. • The life of the author plus 50 years after their death for literary, musical or artistic works. • 50 years from the year of first publication for films. • 50 years from the year of first performance, or from the year the performance was fixed in a sound recording for sound recordings and performer. • 50 years from the making of the first broad - cast for broadcasts. Termination of Copyright Copyright protection (where entitled) is awarded as of right and would remain valid until the expiry of the term of protection of the work in ques - tion. Given the lack of a copyright registration regime in Malaysia, there are no specific means provided for terminating a copyright. 3.6 Collective Rights Management Systems In Malaysia, all body corporates intending to operate as Collective Management Organisa - tions (CMOs) must first be declared as a CMO by the director general of the Intellectual Prop - erty Office of Malaysia (MyIPO). These CMOs are governed by the CA 1987 and Copyright (Col - lective Management Organisation) Regulations 2022. CMOs in Malaysia primarily administer functions to license copyrighted work, collect and distrib - ute royalties and initiate enforcement actions against copyright infringements on behalf of copyright owners. The existing CMOs declared by MyIPO cover a wide range of member representations, such
ment or licence will be divided equally between all of the co-owners unless otherwise agreed by the parties. 3.4 Copyright Rights Under the CA 1987, a copyright owner has the exclusive right to administer control over the management of their works, such as to act against any infringement against their copy - rights, as well as rights to issue licences for the copyright. The economic rights of a copyright owner include the right to control: • the reproduction in any material form in Malaysia; • the communication to the public rights in Malaysia; • the performance, showing or playing to the public rights in Malaysia; • the distribution of copies by sale or transfer of ownership in Malaysia; and • the commercial rental to the public in Malay - sia. Moral Rights Paternity rights Section 13(2) of the CA 1987 enables copyright owners to claim ownership over the originality of the works. Appropriate credit is to be pro - vided to the source and author of the work for works commercially used, referenced, copied, included, showcased or shared with the public. Integrity rights Section 25(2) of the CA 1987 protects copyright owners by providing them with authority to, inter alia, prohibit any unauthorised user from misrep - resenting the work as that belonging to another author, or to significantly distort or modify the original work to a degree as to negatively impact the reputation of the original author.
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