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Advanz Fidelis IP Sdn Bhd

201701028140 (1242306-U)

 

Office Address

Suite 609,  Block D, Phileo Damansara  1,

No. 9,  Jalan 16/11, 46350 Petaling Jaya,

Selangor Darul Ehsan,  MALAYSIA.

 

Correspondence Address

P.O. Box 11589

50750 Kuala Lumpur, MALAYSIA

 

Tel: +60 3 7957 1472

Fax: +60 3 7958 5030

 

info@advanz.com.my

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Advanz Fidelis IP Sdn Bhd is a member of the QANTM Intellectual Property Group

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What is copyright?

Copyright protects expressions of ideas into a tangible form.

 

Copyright is an exclusive right given to the owner for a specific period.

 

Copyright arises as of creation, and is a non-registrable right in Malaysia. 

Why is copyright important?

Protection of the Expression of the Arts

Copyright protection extends across to many different areas, which include the following:-

 

  • Literary works

  • Musical works

  • Artistic works

  • Films

  • Sound recordings

  • Broadcasts

  • Derivative Works


Copyright only extends to the expression of these works, and not to the ideas, concepts, operations and such of these works. 

Protection over the Copyrighted Works

Owners of the copyright works in the abovementioned areas would have the exclusive rights to control their work, largely in the following areas:-

 

  • Reproduction of the work in any form

  • Performing, showing or playing to the public

  • Communication to the public

  • Distribution of copies to the public by sale or other transfer of ownership

  • Commercial rental to the public 

Copyright in Malaysia

Key Points on copyright in Malaysia:-

  • Act & Regulations – Copyright Act 1987, Copyright (Voluntary Notification) Regulations 2012, Copyright (Licence to Produce and Publish in the National Language a Translation of a Literary Work) Regulations 1987, Copyright (Notice of Prohibition of Import) Regulations 1987, Copyright (Public LIbraries and Educational Scientific or Professional Institutions) Order 1987, Copyright (Application to Other Countries) Regulations 1990, Copyright (Licensing Body) Regulations 2012, Copyright (Copyright Tribunal) Regulations 2012

  • Duration - 

    • ​Literary, Musical or Artistic Works 

      • ​Generally, the copyright duration shall subsist during the life of the author with the addition of 50 years after his death.

    • Sound Recordings

      • The copyright duration 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 copyright 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 broadcast was first made. 

    • Films

      • The copyright 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 film was first published. 

    • Government Works

      • ​The copyright 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 work was first published. 

Voluntary Copyright Notification

There is no registration system in Malaysia for copyright.

 

There is however a Voluntary Copyright Notification System, which will allow for copyright owners to voluntarily notify the Copyright Controller of their work, and to enter the notification of copyright into the Copyright Register.

 

With the new regulations and voluntary notification system in place, clients can now enjoy the following benefits:- 

 

  • There is a formal structure in place to record one’s claim to ownership of copyright resident in the created work
     

  • Copyright license holders can also use the same system to record themselves as the licensees of the copyrighted work
     

  • Whilst not a copyright ‘registration’ system, you will receive a letter of notification that the work has been entered into the Copyright Register, and you may also request for a certificate to state the fact as well
     

  • In times of challenge and legal action, an official letter/certificate stating that your copyright was entered into the Copyright Register at a particular date will definitely assist as evidence, in the event that there are other third parties infringing the work that you have created

 

In order to file an application for voluntary copyright notification in Malaysia, we will need the following:- 

 

  • Details of the Copyright Owner

  • Details of the Type of Work

  • Statutory Declaration (asserting ownership of the Work)

  • Copy of the Work to be deposited

  • Appointment of Representative - a softcopy can be downloaded here


For more information on the voluntary copyright notification system, feel free to get in touch with us. 

How Advanz Fidelis can help

We have a range of copyright services that may appeal to your needs.

 

Not sure what © means and how and where to use it?

 

Is someone misusing a photograph you have taken?

 

Copied a script you wrote?

 

Can't differentiate between patent, copyright and industrial designs protection?

 

Contact us, and allow us to advise you further on any of these areas.