This article explores how to register for copyright in Malaysia via CR2U.
An Overview of Copyright Law in Malaysia
Copyright is the exclusive right granted to authors, copyright owners, and performers to control and safeguard their works from being copied by others for a specific period under the Copyright Act 1987 (“CA 1987”). Within the framework of CA 1987, works which are eligible for copyright protection include literary, musical, and artistic works, films, sound recordings, broadcasts, and derivative works.
However, the duration of copyright varies depending on the type of works. Generally, copyright for literary, musical, or artistic works lasts for the author’s life plus 50 years after death. On the other hand, for films, sound recordings, and performers, it typically lasts for 50 years from publication or performance.
In general, copyright owners have legal, economic, and moral rights. To summarise:
- legal rights include the right to enforce copyright through civil or criminal action.
- Economic rights include reproduction, communication to the public, performance, distribution, and rental rights.
- Moral rights encompass paternity rights, allowing authors to claim originality, and integrity rights, which protect against unauthorized modifications.
The infringement of copyright occurs when someone uses copyrighted works without consent, which can include reproduction, distribution, importation, or possession of infringing copies.
Is registration of Copyright compulsory?
Registration of copyright is not compulsory in Malaysia. Copyright protection is automatically granted upon the creation of the work and exists without the need for registration.
However, registration can serve as evidence of ownership in case of disputes and may be beneficial for enforcement purposes as detailed below.
How do I register my Copyright in Malaysia?
The Copyright Voluntary Notification managed by the Malaysian Intellectual Property Corporation (MyIPO) serves as prima facie evidence of ownership and the date of creation for copyright owners.
This notification can be easily submitted to MyIPO with minimal charges and can be used as a proof in court proceedings in the future.
The application process involves submitting Form CR-1, an electronic copy of the work (i.e. deposit of work in CD ROM/ DVD/ Thumbdrive/ External Hard Disk Drive/ Secure Digital (SD) Card), and the required fee.
If a representative is appointed to file the notification, Form CR-3 is necessary. This representative can be the copyright owner’s intellectual property agent or a local representative with a residential address in Malaysia. However, employees or dispatch runners are not considered representatives and do not need to fill out Form CR-3.
For more information, kindly visit https://www.myipo.gov.my/wp-content/uploads/2023/09/APPLICATION-PROCEDURES-FOR-COPYRIGHT-VOLUNTARY-NOTIFICATION-2023.2.pdf
MyIPO’s Copyright to You (CR2U) Initiative
In December 2023, MyIPO has launched the Copyright to You (CR2U) initiative, aimed at expediting certification and notification of voluntary copyright for the Malaysian creative industry. This initiative drastically reduces processing time from three to six months to just 30 minutes,
This CR2U initiative is subject to certain terms and conditions such as:
- Applicants must be an individual or a representative of the copyright owner or a copyright licensee;
- Limited to one work per application and the names of creators should not exceed five (5) individuals.
- The work must be undamaged, openable, and reviewable by MyIPO during the application process, with a size not exceeding 100MB.
- Application acceptance is until 12:30 noon on business days.
Conclusion
Although copyright duration and protection do not commence from the time of registration of such rights, MyIPO’s improvement in its user-friendly and efficient approach to copyright registration narrow the gap for copyright owners to register their works. While copyright registration remains optional, the simplicity of the registration process significantly impacts the decision-making process for copyright owners.
Reference: https://www.myipo.gov.my/en/trade-marks-form-fees/?lang=en#
Read more on “How to draft an Assignment Agreement for Intellectual Property”: https://strattonquest.com/2024/05/10/how-to-draft-an-intellectual-property-assignment-agreement/