The Business of Raya: Protecting Your Intellectual Property During the Festive Season

For businesses in Malaysia, Hari Raya Aidilfitri is more than a celebration; it is a major commercial event. From special product packaging and festive songs to limited-edition apparel and marketing campaigns, Hari Raya Aidilfitri represents a significant investment in creativity and branding. However, amidst the rush to capture the festive market, a critical question often goes unasked: How much of your Hari Raya content is actually protected as intellectual property (IP)?

As you gear up for the next festive season, understanding the intersection of Hari Raya Aidilfitri and IP law is crucial to safeguarding your assets and avoiding costly pitfalls.

The Untapped Value of Copyright

Every Hari Raya Aidilfitri, businesses produce a wealth of creative material. Consider the original greeting videos, the new copy for websites, the product designs for “baju raya” or even the written expression, photos or creative presentation of festive recipes you share with your customers. Under Malaysia’s Copyright Act 1987, these are classified as literary, artistic or musical works, and they are automatically protected by copyright the moment they are created and fixed in a tangible form.

The key takeaway for business owners is that registration is not mandatory for copyright to exist; protection is automatic. However, in the event of a dispute, for instance, if a competitor copies your advertisement; proving ownership can be difficult. This is where the Intellectual Property Corporation of Malaysia (MyIPO) comes in. While not required, a voluntary notification of copyright provides a formal certificate that serves as prima facie evidence of ownership in court, making it a powerful tool for enforcement.

Trademarks: More Than Just a Logo

Your campaign likely involves a special logo, a tagline or even a distinctively shaped “duit raya” packet. These elements can function as trademarks being signs that distinguish your goods or services from others.

Under Malaysia’s Trademarks Act 2019, you can register everything from words and logos to shapes, colours and even sounds, provided they are capable of distinguishing your brand. A classic example is a signature song or jingle used year after year; if it identifies your brand, it could be registrable as a sound mark.

Malaysia operates largely on a first-to-file system. If you create a unique logo but do not register it, another party may attempt to register it first. While earlier users may still rely on passing-off rights, registration provides a far stronger and clearer basis for enforcement. Registering your trade mark with MyIPO grants you exclusive rights for 10 years, renewable indefinitely, and is the only way to use the ® symbol. Failure to register may expose businesses to risk.

The Nostalgia Trap

Businesses often look to the past for inspiration during Raya, whether through nostalgic festive songs, classic film references or familiar cultural themes. While the underlying works may be old, their modern expressions are often still protected.

For instance, well-known songs such as “Selamat Hari Raya” or “Dendang Perantau” are often perceived as “traditional” due to their age and popularity. However, businesses should not assume that such works are automatically free to use, as copyright protection depends on the applicable legal duration. Even where the underlying composition may no longer be protected, modern recordings, performances or remastered versions may still be subject to separate rights.

Similarly, references to classic films or festive visuals may involve layers of protection, including copyright in scripts, characters, and artistic elements. Using a recognisable scene, character, or stylised visual without permission may constitute infringement.The safest approach is to ensure that you are using truly generic elements, or better yet, create your own original artwork and content to avoid unintended infringement.

The Sound of Raya: A Licensing Blind Spot

Perhaps the most overlooked area of IP during the festive season is music. Every hotel lobby, retail store and corporate open house plays Raya songs to set the mood, but few business owners realise the legal complexities behind the music. This is where even savvy operators can get caught out.

First, understand that a single song contains two separate layers of copyright. The first is the musical composition (the lyrics and melody) which is managed by Music Authors’ Copyright Protection (MACP) Berhad. The second is the actual sound recording, managed by Public Performance Malaysia (PPM) Berhad. If you play songs in your establishment, you likely need a licence from both bodies to be fully compliant. Relying on just one leaves you exposed to infringement claims.

Second, and this is a critical trap in the digital age: paying for a premium Spotify, YouTube or Apple Music subscription does not grant you the right to play music in your commercial premises. Consumer subscriptions are strictly for personal, non-commercial use. Playing music from a personal account in a restaurant or at a corporate function is considered a “communication to the public” under the Copyright Act 1987 and requires a separate public performance licence.

Actionable Advice for the Busy Businessman

1. Audit Your Festive Content: Before launching your campaign, identify what original works you have created (copy, images, videos, product designs). Consider notifying these with MyIPO for a stronger enforcement position.
2. Register Key Brands: If you have a special logo or a recurring campaign tagline, treat it as a business asset. File a trademark application early to secure your exclusive rights.
3. Secure Permissions: If your campaign uses music, images or characters you did not create, ensure you have a proper licensing agreement in place.
4. Protect Your Trade Secrets: Your secret recipes, promotional strategies and supplier arrangements may not be registrable, but they are valuable business assets. Protect them through confidentiality agreements with employees and partners, restricted access and clear internal policies. Unlike copyright or patents, trade secrets can last indefinitely if properly safeguarded.
5. Check Your Music Licences: If you play music in your business premises or at events, verify that you have the appropriate licences from both MACP and PPM. Do not assume a personal music subscription covers commercial use.
6. Create, Don’t Copy: When drawing inspiration from traditional themes, create your own original artwork and content rather than repurposing existing modern works.

Hari Raya Aidilfitri is a time of prosperity and celebration. By taking proactive steps to identify and protect the IP embedded in your festive campaigns, you ensure that your business assets are secure, allowing you to focus on what you do best: connecting with your customers.

This article is written by

Azarith Sofia Aziz
Principal Associate, Low & Partners