Copyright Act 1987 (Act 332), Regulations & Orders [As at 1st October 2023]

The Copyright Act 1987 (Act 332) is a Malaysian law that governs copyright protection in Malaysia. It was enacted to provide legal protection for works of authors, artists, and creators in various forms. Here are the details of the Act, Regulations, and Orders as of 20th August 2022:

1. Copyright Act 1987 (Act 332)

The Copyright Act 1987 defines the meaning of copyright, the types of works that are protected, and the rights granted to copyright owners. It also outlines the exceptions to copyright protection, such as fair dealing and the use of copyrighted material for educational purposes. The Act also provides for the registration of copyright and the remedies available to copyright owners in cases of infringement.

2. Copyright (Voluntary Notification) Regulations 1992

The Copyright (Voluntary Notification) Regulations 1992 provide for the voluntary registration of copyright works. This registration is not mandatory, but it is beneficial as it serves as evidence of ownership and is admissible in court as prima facie evidence in case of infringement.

3. Copyright (Copyright Board) Regulations 1999

The Copyright (Copyright Board) Regulations 1999 establish the Copyright Board, which is responsible for hearing disputes related to licensing and royalties. The Board also has the power to set tariffs and fees for the use of copyrighted works.

4. Copyright (Optical Disc) Regulations 2004

The Copyright (Optical Disc) Regulations 2004 prohibit the importation, manufacture, sale, or distribution of pirated optical discs, such as DVDs and CDs. The regulations provide for penalties for those who engage in such activities.

5. Copyright (Amendment) Act 2012

The Copyright (Amendment) Act 2012 introduced several changes to the Copyright Act 1987. The amendments include provisions for digital rights management, making it illegal to circumvent technological measures used to protect copyrighted works. The Act also provides for the licensing of orphan works, which are copyrighted works whose owners are unknown or cannot be located.

6. Copyright (Copyright Tribunal) Regulations 2015

The Copyright (Copyright Tribunal) Regulations 2015 establish the Copyright Tribunal, which is responsible for hearing disputes related to the licensing and use of copyrighted works. The tribunal has the power to make orders for the payment of royalties and damages for copyright infringement.

In conclusion, the Copyright Act 1987 and its associated regulations and orders provide a comprehensive legal framework for the protection of copyrighted works in Malaysia. The Act and its amendments reflect the changing nature of copyright in the digital age, and the regulations and orders provide for the enforcement of copyright law and the resolution of disputes.