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LEGAL ISSUE 2 - Coggle Diagram

- - - - computer programs, tables or compilations, schedules, forms, timetables, questionnaires, catalogues, musical accompaniment, graphic work, photograph, sculpture or collage irrespective of artistic quality, building or model for a building, craftsmanship, technical drawings in engineering or construction, 3-D versions of prints paintings, drawings, etchings, lithographs, woodcuts, engravings and anything alike
    - - Right to control acts about his with recordings, films and broadcast. It is commercially released recordings. When a record is played on radio, TV or performed in public for instance in bars, restaurants and shops a royalty, or remuneration must be observed.
  - - - Translations, adaptations, arrangements & other transformation, e.g.
        novel to movie.
      - Collections of works or mere data whether in machine readable or other form e.g. encyclopaedias, directories, magazines article, CD songs compilation.
  - - - NOT novelty and newness patents or invention.
      - Sufficient skill and effort expended in the
        creation
      - Protected irrespective of quality and purpose.
  - - - The author is a qualified person, meaning a citizen or permanent resident of Malaysia, or of any Berne Convention member country, at the time the work was made;
      - The work is first made available to the public in Malaysia, or
        in any Berne Convention member country;
      - If the work is first made available to the public elsewhere, it is made available within 30 days thereafter to the public in Malaysia or in any Berne Convention member country; or
      - The work (other than published editions) is made in Malaysia or the work (other than sound recordings, broadcasts and published editions) is made in any Berne Convention member country.
- - - - This rights allows the author to claim the originality rights of his
        or her creation.
    - - This right authorizes the author to prevent any users from distortion, mutilation or other modifications of his or her works whereby the result of the modification will significantly alter the original work and adversely affect the author’s honor or reputation.
- - - - Non-profit research, private study, criticism, review/reporting of current events.
    - - Improper, oblique or rival
    - - The quantity and use of parts taken.
    - - Exploitation or commercial value of the work. Criticism of work, poor/bad reviews may
        affect commercial value, but doesn’t mean use is unfair
    - - Industry practice or custom to reproduce copyright works
- - - - Compensate him for loss suffered as result of Copyright infringement
      - License fee approach i.e, fees/royalties that Plaintiff would have received if Defendant
        obtained license e.g. loss in sales/profits
    - - Flagrancy of infringement - scandalous conduct, deceit, deliberate & calculated Copyright
        infringement, infliction of humiliation & loss.
      - Any benefit accrued to Defendant - any pecuniary/economic gain in excess of damages or
        commercial advantage to Defendant & profits gained by reason of infringement.
      - All other material considerations - hurt feelings or disregard of Plaintiff's dignity/pride
    - - Restrain Defendant from infringing CR owner’s rights = Restrain publication, unlawful use, stop
        the movement or destruction of information.
    - - Court may order delivery up of infringing articles or plates used for making
        infringing copies in Defendant's possession, custody, control/power
      - Delivery of infringing copies
    - - Order helps Plaintiff to obtain facts & information, inspect & detain
        material & property in relation to infringement
      - Allows instant discovery & preservation of documents & articles, can also
        obtain names & adds of Defendant's suppliers, distributors & customers
    - - Prohibit importation of any infringing copies made outside Malaysia
        without consent or licence.
  - - - Definition: Privilege communication shared only with
        limited individual for furthering certain purposes.
      - Primarily protects confidential or secret information. The information becomes a commodity and valuable that requires protection of the law.
      - E.g. Client or customer lists; Supplier lists; Contracts with third parties; Price list for raw materials; Marketing strategy or plan; Business strategy or plan; Composition of material used in products; Ingredients and recipes; Salary structure and bonus structure; Financial and business data; Internal processes, methods and systems; Details of proposals or pitches made to potential clients; Ideas discussed with third parties
      - • Person who receives information in confidential shall
        not take unfair advantage.
      - Person who obtained information in confidential is not allowed to use it as a springboard for activities detrimental to person who made the confidential communication
      - Non-disclosure agreement (NDA) - legal contracts that prohibit someone from sharing information deemed confidential.
- - - - If reaches a sufficiently large no of people, loses
        confidentiality.
      - Objective test of the reasonable man: As long as any reasonable man, standing in shoes of recipient, upon receipt of information which has been specifically identified, realizes on reasonable grounds that said information is given to him in confidential , then duty of confidentiality is reposed in him
    - - Trade Confidential Secrets
        
        Commercial information fundamental to business success, development & well-being
        
        Technical secrets - Production of goods and services e.g. Coca-Cola recipe
        
        Business secrets - Business plans that have competitive significant to owner & rivals e.g. Customer, Supplier List or terms and conditions of a license agreement.
        
        classes of information that employee can acquire during course of service
        
        i. Trivial information, easily available – can’t
        be regarded as confidential.
        
        ii. Information which must be treated as confidential (expressly told/implied); but once learnt, becomes part of skill and knowledge applied in course of master’s business.
        
        iii. Specific trade secrets so confidential that even though
        learnt by heart, can’t be lawfully used by employee