Amendment of the Copyright Act 1987

On 1st March 2012, the Copyright (Amendment) Act 2012 was come into force and several key changes were introduced to the existing Malaysian Copyright Act 1987. A few salient amendments are discussed such as limitation of liability for service providers, voluntary notification of copyright, fair dealing, relief for infringement, copyright protection for databases, technological protection measures and rights management information and licensing bodies.

 

For example is the relief for infringement. The act now empowers the court to grant relief in the form of statutory damages (not more than RM 25,000) for each work, but not more than RM 500,000 in aggregate, in addition to damages and an account of profits. The act now also provides that in cases of innocent infringement, no damages shall be awarded although the plaintiff will be entitled to statutory damages and an account of profits regardless of whether any other relief is granted.

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