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Showing posts from May, 2025

Broadcasting? Here's what you should know before starting your own radio club

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  Feeling like starting a radio club at your university? Maybe even a channel for broadcasting stuff you like? Here's what you need to know: There are several things you need to keep in mind before turning your microphone, livestream, or for analogue enthusiasts (if you still exist out there) because once you put any kind of transmission out on air and publicly accessible by anyone with the means to do it, there are things out there that you put out that are legally protected under the Malaysian Copyright Law. Alright so... What counts as broadcasting? Transmitting tangible media like audio and video content, either wirelessly or wired that can reach the public counts as broadcast. So if you in any way, put out content that is live, it does in fact make you a broadcaster and can be protected by copyright law. Permissions and ownership; what you can't do Whichever content you choose to broadcast will also always have copyright laws applied to it, be it yours or someone else'...

Case Study: Shah Alam Company Charged for Selling Pirated Android TV Boxes

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  Background:  On February 8th 2021, the director of a company based in I-City, Shah Alam, became the first to be charged under the Copyright Act 1987 because they were promoting a special kind of software that have the ability to bypass the technological protection system that is set on copyrighted broadcast works. The Android TV box branded as  'Long TV' contained copyrighted content intended for unauthorized broadcasting in which the company had acquired in their store. The company was later accused of attempting to sell the brand and the Android TV was then confiscated. Legal Frameworks & Potential Penalties: It is said that the case violated Section 41 (1) (ha) of the Copyright Act 1987 in which it criminalizes the selling or distribution of technology or devices designed to break through the technological protection measures of copyrighted works. The company could be fined no less than RM 4,000 and not more than RM 40,000 in accordance for each device throu...
  "Who Owns the Sound?" Understanding Music Copyright in Malaysia (Part 2) Types of Music License When using music in various settings, it's crucial to obtain the appropriate licenses to ensure legal compliance and fair compensation to rights holders. Public Performance License: Required when music is played in public spaces such as restaurants, malls, or events. Synchronization (Sync) License: Needed when music is used in conjunction with visual media, like films, advertisements, or online videos. Mechanical License: Allows for the reproduction of music, such as in CDs or digital downloads. Master License: Grants rights to use a specific recording of a song, often used alongside a sync license. Print Rights License: Covers the reproduction of sheet music. Grand Rights License: Pertains to the performance of musical works within theatrical productions. How to get Music Licensing in Malaysia Identify the Appropriate License: Determine the type of license needed based on ho...

Copyright In Video Games

 ðŸŽ®    Streaming Video Games: Navigating Copyright Challenges The practice of streaming video games on channels like Twitch and YouTube is growing by leaps and bounds today. But, the trend comes with legal trouble due to the copyright issues that the streamers need to cope with heads up and be really careful and alert about. 🎵 The Music Dilemma One of the biggest challenges is what music is being played in the game. Lots of games use music under a license, and streaming music without the right permits can be a cause for the owner to bring a lawsuit. As an example, even though YouTube is under license agreements with several record companies, the same track when used on a channel like Twitch or in the background of a video may lift a DMCA takedown or trigger a copyright infringement claim. 🎮 Game Content and Fair Use In addition to the music issue, there is the legal aspect of the gameplay streaming. Publishers and developers may allow or be in favor of game streaming, b...

Bet You Didn’t Know These 10 Things About Malaysian Copyright Law.

🎉 10 Fun Facts About Copyright Law in Malaysia Copyright law doesn’t have to be boring! Whether you’re a content creator, student, business owner, or just curious, these fun facts about Malaysian copyright law will surprise you. 1. No Registration Needed — Copyright Is Automatic In Malaysia, you don’t need to register your work to enjoy copyright protection. The moment you create something original — like a blog post, photo, song, or design — it’s automatically protected by copyright. 🔗 Source 2. Freedom of Panorama Exists You can legally photograph buildings and public art (like murals or statues) and use those photos without infringing copyright — as long as they’re permanently placed in a public space . 🔗 Source 3. Joint Authorship Is Protected If two or more people create a work together , and their contributions can't be separated, they are considered joint authors — and share copyright equally. 🔗 Source 4. Cultural Expressions Are Covered Too Malaysia ...

Dato’ Mohd Radzi Abdul Razak v Utusan Melayu (M) Bhd (2013)

  📸 When a Newspaper Uses Your Photo Without Permission Did you know that even a single photo you take can be protected by copyright? If someone uses it without your greenlight, you have the right to take action. Let’s talk about Dato’ Mohd Radzi Abdul Razak v Utusan Melayu (M) Bhd (2013).  This particular case made it clear that freelance photographers also have rights. What Happened? Dato’ Mohd Radzi was a freelance photographer. One day, he found out that Utusan Melayu , a well-known newspaper in Malaysia, had published his photographs without asking for permission and without giving him any credit. He didn’t sell the photos to them, nor did he give them permission to use the images. Yet, the photos appeared in the paper as if they owned them. So, what did he do? He brought the matter to court. Why It Matters A lot of people think that only big companies or famous artists can use copyright law. But actually, anyone who creates original work, like photos, drawings, ...

Copy or Create?

  🎨 “Copy or Create?” – Understanding Copyright in Malaysia’s Creative Scene In a digital age where content is shared with a single click, the line between inspiration and imitation is getting thinner. Whether you're a TikTok creator remixing songs, a university student designing artwork, or a business reusing stock images, understanding copyright is no longer just for lawyers—it's for everyone. 🇲🇾 Copyright in Malaysia: What You Need to Know In Malaysia, copyright is governed by the Copyright Act 1987 . It protects original works like music, films, books, photos, software, and more. Unlike trademarks or patents, you don’t need to register a work for it to be protected. As long as it’s original and fixed in a tangible form, it’s covered. ​ What does that mean for you? If you wrote a poem and posted it on Instagram, congratulations—it’s automatically protected under Malaysian copyright law. ⚖️ The Malaysian Twist: Cases That Stirred the Public You may remember the cont...

Unlocking Copyright: What every creator in Malaysia needs to know.

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 https://www.ipgennesis.com/post/copyrightmalaysia Understanding Copyright in Malaysia Copyright protects creators’ rights to their original works, such as books, music, art, and films. In Malaysia, protection kicks in automatically once the work is created and fixed in a tangible form, like written down or recorded. ✅ What Works Are Protected? * Literary (novels, articles) * Musical (songs, compositions) * Artistic (paintings, photos) * Films, Sound Recordings, and Broadcasts 🎨 What You Need to Know: * Originality : The work must be unique and show creativity. * Fixation : It must be recorded in some way (written, digital, etc.). 🛡️ Rights of Creators: * Economic Rights : Control over how your work is reproduced, shared, and sold. * Moral Rights : The right to be credited and protect your work from changes that harm its reputation.  ⏳ How Long Does Protection Last? * For authors : Lifetime + 50 years. * For films & recordings : 50 years from first publication. 📌 Tip...

Astro takes a stand: The battle against illicit streaming devices in Malaysia

Case Study: Astro's Legal Battle Against Illicit Streaming Devices (2021) In 2021, Malaysian satellite TV operator Astro Malaysia took legal action against several individuals involved in selling illegal streaming devices that allowed users to access copyrighted content, including Astro's exclusive channels, without a valid subscription. The illegal devices were marketed with pre-loaded software that provided unauthorized access to Astro’s content. Astro, which holds exclusive broadcasting rights for various sports events and entertainment channels, filed a lawsuit under the Copyright Act 1987, claiming that the sale of these devices directly violated their intellectual property rights and disrupted their business. Court Ruling: The High Court ruled in Astro's favor, setting a landmark precedent in the fight against illegal streaming and piracy. The court held that: Selling or distributing unauthorized content is a direct infringement of copyright law under Section 37 of th...

"Who Owns the Sound?" - Understanding Music Copyright in Malaysia (Part 1)

Introduction Copyright is the lifeblood of the music industry. It’s not just a legal concept, it’s the framework that powers every business deal, licensing contract, and royalty payment in the music world. Whether you’re a musician, producer, manager, or just someone who wants to remix a track or use a song in a film, copyright is what determines how, where, and if you can use music. It governs: Who owns the music? Who gets paid when it’s performed or streamed? Can it be used in a TV ad or a cinematic film? Is it legal to copy a song for a friend? The short answer? Not without proper rights. What Is Copyright in Music? Music copyright is essentially a bundle of legal rights granted to creators and rights holders. These include: The exclusive right to copy the work The right to adapt or remix it (create derivatives) The right to perform it in public The right to distribute or sell it The right to broadcast or stream it online There are two main types of music copyrights: Composition rig...

Copyright Law in Malaysia

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Here is an overview of what the copyright law in Malaysia means and what does it do as well as protect. In summary, Copyright Laws in Malaysia is to ensure that the original works from authors, artists, performers and other creative fields are protected from others usage under Copyright Act 1987. It is to protect their authenticity from being discriminated or misused by others. If a person is caught using or infringing another's work without the owners permission or acknowledgement, the person responsible may face either civil or criminal charges depending on the kind of work that was copied. Sources: MyIPO  Copyright Basic Ministry of Investment, Trade and Industry  MITI

Fair Deal and Use in Malaysia: What is it and what does it mean?

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I've looked into the unique laws around the use of content made from other creators. I think it's pretty interesting to see that Malaysia has quite the balance in flexibility and need for a solid ground to fall back on when it comes to referring to the law for copyright use. In the United States, their Fair Deal and Use laws is centered around what the original creator wants and feels about their content to be used by others - this can be a bit volatile as much as it is flexible. Aside from that, the more traditional methods and laws used in the United Kingdom, Canada, even Australia is far more rigid as well. Being in the middle ground sure has its perks when it comes to what Malaysian law dictates for Fair Use.  

Case Study: Awareness of Copyright Towards Digital Content

Background: In July 2015, Hazlin Ibrahim Khan at UiTM Puncak Perdana conducted a study to examine the level of information about PTAR library users regarding copyright laws that oversee digital content. An increase matched the increased utilization of digital platforms by educational libraries in copyright problems in the education sector, and hence, this study was conducted at that time. What are the Issues? Studies uncovered a burning problem: despite increased availability of electronic material to students and teachers, most individuals were unaware of the copyright policy. Individuals have the false impression that online material falls in the public domain and could be used, or that educational use is per se "fair use." Misconceptions regarding copyright laws resulted in practices such as plagiarism, copying entire articles without attribution, and sending downloaded e-materials to non-users, both of which might infringe copyright. Legal Action & Outcome: A 2015 rep...