How to Register Copyright in Malaysia?

Unlike other intellectual properties such as trademarks or patents, copyright is automatically granted without the need for registration or other formalities in all Berne Convention member states, including Malaysia[1] if the following requirements are fulfilled:[2]

1. The work is original and requires sufficient effort.
2. The work has been written down, recorded or reduced to a material form.[3]
3. The author is a qualified person[4] or the work is made in Malaysia or the work is first published in Malaysia.[5]

Although there is no need for registration, it is strongly advisable to file a Copyright Voluntary Notification with the Intellectual Property Corporation of Malaysia (MyIPO) to help establish prima facie evidence of the ownership and the date of creation[6] to make things easier whenever there is a need to prove against copyright infringement.

How to apply for Copyright Voluntary Notification in Malaysia?

First, the copyright owners must ensure the work can be copyrighted. The eligible works for copyright registration are as follows:

1. literary works;
2. musical works;
3. artistic works;
4. films;
5. sound recordings;
6. broadcasts; and
7. derivative works

The copyright owners need to submit the respective form i.e. CR-1 or CR-3 directly or via a legal representative to the Intellectual Property Corporation of Malaysia together with a copy of the Work which must be in electronic or softcopy form. Deposit of work can be done using CD ROM/DVD/Thumbdrive/External Hard Disk Drive/Secure Digital (SD) Card.

The fee may vary according to the type and amount of the work but is comparably lower than the registration of a trademark or patent. If the application fulfils the requirements, the Registrar will issue a Notice of Recordal of Copyright Voluntary Notification to inform the successful recordal.

Figure 1 Flow Chart for Voluntary Notification of Copyright (Image Source: MyIPO)

What Can I Do If My Copyright Is Infringed?

Copyright infringement happens when someone uses a copyrighted work, such as literary, musical or artistic work, a film, or a sound recording or a derivative work without permission from the owner.[7] The following actions constitute infringement:

• Reproducing, performing, showing, playing, or distributing the work to the public.
• Importing articles into Malaysia for trade or financial gain.
• Creating copies for sale or rent.
• Selling, renting, exposing, or offering infringing copies for sale or rent.
• Distributing infringing copies.
• Possessing infringing copies, except for private and domestic use.
• Publicly exhibiting infringing copies for trade.
• Making or possessing devices intended for creating infringing copies.

If someone in Malaysia is misusing your copyrighted works, you have both civil and criminal remedies available as follows:

1. Criminal Action: Search and Seize

• File a complaint with the Ministry of Domestic Trade and Consumer Affairs, enabling them to search and seize infringing materials. Officers have broad authority under Section 44 to investigate and seize materials.[8]

2. Civil Action: Damages

• If the misuse harms your reputation, claim moral rights infringement and damages can be sought through a civil lawsuit. Section 25 allows the copyright holder to sue for unauthorized use, reproduction, or possession of infringed copies.[9]
• In addition to damages, the court can order the infringer to publish necessary modifications or issue an injunction to stop distributing or selling the infringed works.

Please note that this article does not constitute legal advice. To minimize the risk of inadvertent errors, it is advisable to engage an intellectual property agent or lawyer to support you with your copyright voluntary notification. Should you need legal assistance on this matter, please reach out to us at +6046204970 (wa.link/laxpy8) or penang@nglaw.com.my for prompt and effective solutions. Our dedicated team at Ng Law Firm is ready to provide expert assistance!

[1] Article 5(2) of the Berne Convention for the Protection of Literary and Artistic Works

[2] Section 10 of Malaysian Copyright Act 1987.

[3] Section 7(3) of Malaysian Copyright Act 1987.

[4] Section 10(1) of Malaysian Copyright Act 1987.

[5] Section 10(3) of Malaysian Copyright Act 1987.

[6] Section 26A and 26B of Malaysian Copyright Act 1987.

[7] Section 36(1) of Malaysian Copyright Act 1987.

[8] Section 44 of Malaysian Copyright Act 1987.

[9] Section 25 of Malaysian Copyright Act 1987.