Copyright protection is not perpetual as it is a time limited right. Depending on the type of work, the duration of copyright protection accorded might be different. So, how long does copyright protection last for each type of work?
Literary, Musical and Artistic Works
As per s17(1) of the Copyright Act (“CA”), copyright in any literary, music or artistic work shall subsist during the life of the author and shall continue to subsist for 50 years after his death. However, as per s17(2) CA, if said work was not published before the authors death, copyright shall subsist for 50 years computed from the beginning of the next calendar year in which the work was first published.
Regarding literary, musical or artistic works published anonymously or under a pseudonym, s17(3) CA states that copyright shall continue to subsist for 50 years computed from the beginning of the next calendar year following the year in which the work was first published or first made available to the public or made, whichever is the latest. However, in the event of the identity of the author becoming known, the duration of copyright shall be calculated in accordance with subsection (1).
It should be noted as per s17(4) CA, if the work is of joint authorship, it will be construed as the author who dies last.
Besides, according to s13B CA, if an artistic work has been exploited by an industrial process and marketed in Malaysia or elsewhere, after 25 years in which such articles are first marketed, the work may be copied without it being considered as copyright infringement. In short, said work is only protected by copyright for 25 years.
Published Editions
Pursuant to s18 CA, copyright which subsists in a published edition shall subsist for 50 years computed from the beginning of the calendar year following the year in which the edition was first published.
Sound Recordings
According to s19 CA, copyright which subsists in a sound recording shall continue to subsists for 50 years computed from the beginning of the following calendar year in which the recording was first published or, if the sound recording has not been published, from the beginning of the calendar year following the year of fixation.
Broadcasts
As per s20 CA, copyright which subsists in a broadcast shall continue to subsist for 50 years computed from the beginning of the calendar year following the year in which the broadcast was first made.
Films
Under s22 CA, copyright which subsists in a film shall continue to subsist for 50 years computed from the beginning of the calendar year following the year in which the film was first published or first made available to the public or made, whichever is the latest.
Works of Government, Government Organisations and International Bodies
As per s23 CA, copyright which subsists in works of the Government, Government organizations and international bodies shall continue to subsist for 50 years computed from the beginning of the calendar year following the year in which the work was first published.
Performers’ Rights
According to s23A CA, rights in a live performance shall continue to subsist for 50 years computed from the beginning of the calendar year following the year in which the live performance was given.
Conclusion
The copyright for most works in Malaysia is 50 years. The exception to this is artistic works that have been exploited by an industrial process and marketed in Malaysia or elsewhere being protected for 25 years.
