Copyright Law in Malaysia: Cases and Commentary, 3rd Edition | 2024

Copyright Law in Malaysia: Cases and Commentary, 3rd Edition | 2024

“Whatever your motive for opening this book, or your jurisdictional viewpoint, you will find useful and scholarly insights into copyright law, expressed in an enjoyable way.”

From the Foreword by Alison Firth

Prof Emeritus, University of Surrey; Visiting Professor, Newcastle Law School; Visiting Professorial Fellow, Queen Mary Intellectual Property Research Institute

This comprehensive and authoritative book offers an in-depth examination of copyright law in Malaysia. The third edition has been extensively updated to reflect the most recent developments in the field, including the Copyright (Amendment) Act 2022.

Spanning 14 chapters, the book covers a broad range of topics, from creative ideas and intellectual property to remedies and performers' rights. It also addresses the evolving copyright issues related to Artificial Intelligence (AI) and includes analyses of recent cases up to early 2024. The text explores exceptions and limitations in light of technological advancements, such as data scraping and text mining, and discusses Malaysia's recent accession and revisions to the Marrakesh Treaty. Additionally, it provides a detailed examination of remedies, including statutory damages, and updates on the copyright tribunal and collective management organizations.

This book is an essential resource for legal practitioners, academics, judicial officers, and intellectual property agents, offering both scholarly insights and practical guidance to navigate the changing landscape of copyright law in Malaysia.

Key Features of Copyright Law in Malaysia: Cases and Commentary, 3rd Edition:

• Includes the latest cases up to 2024.
• Discusses recent statutory amendments, such as the Copyright (Amendment) Acts 2020 and 2022.
• Analyzes the copyright status of Artificial Intelligence (AI) in Malaysia, with comparisons to the positions of the US, Canada, Australia, UK, European Union, India, and Hong Kong.
• Introduces a new chapter on “Exclusive Rights: Communication to the Public,” covering topics such as linking, framing, P2P file sharing, ISP liability, and notice-and-takedown procedures.
• Examines exceptions and limitations related to technological developments like data scraping and text mining.
• Covers the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, along with Malaysia's recent accession and updates.
• Provides an in-depth analysis of revised remedies, including both compensatory and non-compensatory statutory damages.
• Offers updates on the Copyright Tribunal and collective management organizations.

Table of Contents of Copyright Law in Malaysia: Cases and Commentary, 3rd Edition:

• Creative Ideas and Intellectual Property
• Subject Matter of Copyright
• Subject Matter of Protection: Computer Programs
• Subject Matter of Protection: Artistic Work and Design Drawings
• Qualification for Protection
• Authorship and Ownership
• Dealings in Copyright Work
• Exclusive Rights of the Copyright Owner
• Exclusive Rights: Communication to the Public
• Infringement
• Permitted Acts and Exceptions
• Moral Rights
• Remedies
• Performers’ Right, Copyright Tribunal and Collective Management Organisations

About the Author:

Ida Madieha bt Abd Ghani Azmi, holding an LLB from IIUM, an LLM from Cambridge, and a PhD from London, is a Professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). A distinguished authority in intellectual property law, she has led significant projects, served on the Board of the Intellectual Property Corporation of Malaysia (MyIPO), and contributed to the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO). She is also the co-author of *Patent Law in Malaysia: Cases and Commentary* (Second Edition, 2015) and *Trademarks Law in Malaysia: Cases and Commentary* (Second Edition, 2020), both published by Thomson Reuters.