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Copyright Act 1987 (PART 2)
Authorship and Ownership - Coggle Diagram
Copyright Act 1987 (PART 2)
1) Authorship
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Joint authorship
- Section 3
A work produced by the collaboration of authors
Film, sound recordings, and broadcast
Film, sound recordings
- Section 3
The person who handles the arrangements for the making of the film
- Cases: Rock Records v Audio One
Broadcast
- Section 3
In relation to broadcast transmitted from within any country, means-
- the person transmitting the programme
- Any person providing the programme who makes with the person transmitting it
Literary, musical, and artistic work
Literary
- Section 3
The writer or the maker of the work
The person who records the work is also the maker
Musical
- Section 3
Author is composer
- Cases: **Rock Records v Audio One
Master tapes referred to in the license agreement between defendant and the author of the sound recordings contain sound recordings that is copyrighted.
Artistic
- Section 3
In relation to artistic works other than photographs, means the artist
In relation to photographs, means the person who handles the arrangements for taking the photograph
- Cases: Sherinna Nur Elena v Kent Well Edar
P sued D for using the photograph of P taken when P was a beauty contestant. P failed to sue D because P is not the photographer of the photo so P cannot claim copyright of the photo.
2) Ownership v Authorship
- Section 26(1)
Copyright granted by section 10 shall protect initially in the author. Except:
(i) commissioned by a person who is not the author's employer under a contract of service or apprenticeship
(ii) not having been so commissioned, is made in the course of the author's employement
- Cases: Radion Trading v Sin Besteam Equipment
Employer and employee relationship
- Determine the relationship?
9i) Written contract
(ii) Absence of written contract
- Cases: Megnaway Enterprise v Soon Lian Hock
In the P's business, MD is one of P's family. Apart from MD, the other directors were P's wife and brother. The business was started by MD who did everything for P
- Cases: Hexagon Tower v Polydamic Holdings
P's drawings were withing his job description because P has executive director as proof of employment.
Work made in the course of employment
- Whether the skill and effort exerted in the creation of a work are part of the employees' normal duties
- Cases: Stephenson Jordan & Harrsion v Macdonald
3) Proving ownership
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Register of copyright
Copyright voluntary notification system
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Database research, & education
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4) Dealings & Duration
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Duration
Literary, musical, and artistic work
Published edition, sound, recordings, broadcast, films, and work of government
5) Exclusive rights of copyright owner, Infringement, Remedies
Infringement
Elements of infringement
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Causal connection
- Need to show connection
- Show direct evidence
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Remedies
- Section 37 --> Types of relief
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Statutory damages
- Not more than RM25,000 for each work.
- Not more than RM500,000 in the aggregate
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