Copyright Infringement

What is infringement?

The copyright in a work is infringed if a person who is other than the copyright owner or his licensee reproduces in any material form, performs, shows, plays or distributes to the public, communicates by cable or broadcast the whole work or substantial part of it, rather in its original form or derivative form.

Also, the art of importing any article into Malaysia for the purposes of trade or financial gain, when the person knows or ought reasonably to know that the making of the article was done without the consent or licence of the copyright owner would be considered as kinds of infringement.

Due to the overlapping of Intellectual Property Rights with Information Technology, the scope of infringing acts has been widened. Therefore, copyright is also infringed by a person who circumvents or causes another to circumvent any effective technological measures that are employed by authors to restrict acts in relation to their works that they have not authorized.

The above acts of infringement are actionable by the copyright owner by way of civil suit in the High Court.  The relief that may be granted includes damages, i.e. financial compensation, an account of profits, and an injunction to restrain the infringing acts. An injunction may be interlocutory or final in nature.

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