COPYRIGHT

Copyright is a form of intellectual property that gives the author of an original work exclusive right for a certain time period in relation to that work, including its publication, distribution and adaptation, after which time the work is said to enter the public domain. Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work.
-- Wikipedia
http://en.wikipedia.org/wiki/Copyright

Copyright protection in Malaysia is governed by the Copyright Act 1987 which provides comprehensive protection for copyrightable works. The Act outlines the nature of works eligible for copyright (which includes computer software), the scope of protection, and the manner in which the protection is accorded. A unique feature of the Act is the inclusion of provisions for enforcing the Act, which include such powers to enter premises suspected of having infringing copies and to search and seize infringing copies and contrivances. A special team of officers is appointed to enforce the Act.
The Copyright Act (1987) provides for the enforcement of the law by the Ministry of Domestic Trade and Consumer Affairs, specifically the Enforcement Division, apart from the Police. The Act also provides the necessary clout to the enforcement agencies to effectively carry out anti-piracy measures.The Malaysian Copyright Act provides for a Copyright Tribunal whose function is to grant Licenses to produce and publish in the National Language a translation of a literary work written in any other language. The Act is currently amended to expand the power of the tribunal to include arbitration of disputes relating to use of copyright works.

WHAT WORK IS ELIGIBLE FOR PROTECTION UNDER THE COPYRIGHT ACT 1987 ?
-- A work that is eligible in fulfillment of the following conditions :
a) Sufficient effort has been expended to make the work original in character.
b) The work has been written down, recorded or reduced to material form.
c) The author is a qualified person or the work is made in Malaysia or the work is first published in Malaysia.

-- Works eligible for protection are:
a) Literary works
b) Musical works
c) Artistic works
d) Films
e)Sound recording
f) Broadcasts
g)Derivative works
h) Published editions

WHAT IS THE DURATION OF THE COPYRIGHT ?
Generally, copyright subsist during the life of the author plus 50 years after his death. However, if a work has not been published during the life time of the author, copyright in the work continue to subsist until the expiration of 50 years, following the year in which the work was first published. In the case of a work with joint authorship, the life of the author who dies last is used for the purpose of calculating the copyright duration of the work.

WHEN IS A COPYRIGHT WORK CONSIDERED INFRINGED ?

The copyright in a work is infringed when a person who, not being the owner of the copyright, and without license from the owner, does or authorizes any of the following acts :
i) Reproduces in any material form, performs, shows or plays or distributes to the public, communicates by cable or broadcast of the whole work or a substantial part thereof either in its original or derivative form
ii) Imports any article into Malaysia for the purpose of trade or financial gains
iii) Makes, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy
iv) Sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy
v) Distributes infringing copies
vi) Possesses, otherwise than for his private and domestic use, any infringing copy
vii) By way of trade, exhibits in public any infringing copy
viii) Imports into Malaysia, otherwise that for his private and domestic use any copy which if it were made in Malaysia would be an infringing copy
ix) Makes or has in the possession any contrivance used or intended to be sued for the purposes of making infringing copies or
x) Causes the work to be performed in public.

*The doing of (i) and (ii) above are termed as direct infringement and is actionable at the suit of the owner.
*The doing of (iii) to (x) are termed as indirect infringement and attract criminal sanction and enforceable by the Ministry of Domestic Trade and Consumer Affairs.

WHAT ARE THE LEGAL RIGHTS OF COPYRIGHT OWNERS ?

Generally, owner of copyright works have the exclusive right to :
a) Reproduce the work in any material form (including photocopying, recording, etc.).
b) Perform, show or play the work to the public (including performing a work live, or playing a recording or showing a film containing the work in a non-domestic situation).
c) Broadcast the work.
d) Communicate the work by cable and
e) Distribute copies of the work to the public by sale rental or lending.

http://www.lawyerment.com.my/intellectual/copyright.shtml