Benefits of copyright registration from a Malaysian perspective

As indicated above, since there is no requirement with respect to any formalities, proof of copyright ownership may pose considerable difficulties and inconvenience.

Registration of the copyright work may be able to provide a degree of certainty by providing a contemporaneous record to show that copyright subsists in the work, at least with effect from the date of registration. If registration of the copyright provides a presumption of validity of copyright or ownership of copyright, such registration may help to weed out false claims to copyright ownership or unnecessary challenges mounted by pirates when they are not even able to provide any evidence to disprove copyright subsistence or ownership.  This will definitely shorten the litigation time and costs for prosecution and copyright owner.

Another common difficulty encountered by the public or users of works is to determine whether a particular work is already in the public domain.  It is also not easy for the public to track down the owner of the work for purpose of seeking prior consent in using the work. 

Registration of copyright should not be made a condition for copyright protection or a prerequisite in order to commence legal proceedings, as this would be in contravention of Berne Convention and TRIPs.  It is submitted that in order for copyright registration to be effective and workable, there must be additional benefits accorded to such registration, similar to those offered by the registration system in the US.  Subject to proper implementation of such copyright registration, the IP Committee of the Bar Council concludes that the benefits of copyright registration outweigh the cost, burden and time expended by the owners in registering their copyright with a central depository system managed by MyIPO. 

5,588 thoughts on “Benefits of copyright registration from a Malaysian perspective”

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