Copyright FAQ

• How do I stop piracy online? 

Speed is critical. We assist with takedown notices to remove infringing listings from e-commerce sites and social media. For serious cases, we can apply for court injunctions or work with the Ministry of Domestic Trade (MDT) to conduct raids. 

• Who owns commissioned works? 

Generally, if an employee creates work during their employment, the employer owns the copyright. However, for freelancers or commissioned independent contractors, ownership depends strictly on the contract. We draft clear “Work for Hire” agreements to ensure you own what you pay for. 

• How do I monetise my copyright? 

You can monetise works through Licensing (granting others the right to use it for a fee/royalty) or Assignment (selling the rights entirely). We structure these deals to ensure you receive fair compensation and royalty payments. 

• How long does copyright protection last?
  
  For literary, musical and artistic works, copyright lasts for the life of the author plus 50 years after their death. For published editions, films and sound recordings, it lasts for 50 years from the date of publication. 

• Should I protect my logo under Copyright or Trademark?Ideally, both. A logo can be protected as an “artistic work” under copyright and as a “brand identifier” under trademark. Trademark registration is generally stronger for branding as it protects the brand name and reputation indefinitely (upon renewal), whereas copyright has a time limit. 

• Can I copyright an idea or concept?
  
  No. Copyright protects the expression of an idea (e.g., the written text of a book), not the idea itself. If you have a technical idea or functional invention, you may need Patent protection instead. 

• Isn’t copyright automatic? 

Yes, but proving ownership and enforcing rights is another matter. Voluntary notification strengthens your position in disputes. 

• Can I use someone else’s work if I credit them? 

No. Giving credit does not absolve you of liability. You must obtain a license or permission from the copyright owner unless your use falls under specific statutory exceptions. 

• Is my computer software protected?
  Yes. Under Malaysian law, source code and object code are protected as “literary works”. This prevents others from copying your code, though it does not stop them from creating their own software that performs the same function using different code

• Is my Malaysian copyright valid overseas?
  Yes. Malaysia is a member of the Berne Convention. This means your copyright is automatically recognized and protected in other member countries without the need for separate registration in each country.

  This article is written by 

  Azarith Sofia Binti Aziz
  Principal Associate, Low & Partners