Exclusive Rights Economic Rights Owner

Exclusive rights are copyright in a literally, musical or artistic work, a film or sound recording consists of the exclusive right to control in Malaysia:

  • the reproduction in any material form;
  • the communication to the public;
  • the performance, showing or playing to the public;
  • the distribution of copies to the public by sale or other transfer of ownership; and
  • the commercial rental to the public

The exclusive right to control distribution of copies is only in respect of the act of putting into circulation copies not previously put into circulation in Malaysia.

Economic rights give the copyright owner the chance to make commercial gain from the exploitation of work. Copyright owners generally have the right to authorize or prohibit anything in relation to their work.

It is important to note that there is a distinction between the author of a work and the owner of copyright in it.

Copyright ownership shall initially vest in the author. This general rule is however subject to two exceptions: where the author was commissioned under a contract of service or apprenticeship, or where the work was created in the course of his employment, copyright shall vest in the commissioner or employer. These exceptions are subject to any agreement to the contrary.

 

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