When is copyright infringed? What constitutes copyright infringement?

The copyright in a work is infringed when a person who,

• not being the owner of the copyright, and


• without consent or license of the owner of the copyright,

does or causes any other person to do any of the following acts:

1. reproduces in any material form, performs, shows or plays or distributes to the public, communicates by cable or broadcast of the whole work or a substantial part thereof either in its original or derivative form


2. imports any article into Malaysia for the purpose of trade or financial gains


3. makes for sale or hire any infringing copy


4. sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy


5. distributes infringing copies


6. possesses, otherwise than for his private and domestic use, any infringing copy


7. by way of trade, exhibits in public any infringing copy


8. imports into Malaysia, otherwise that for his private and domestic use, an infringing copy


9. makes or has in the possession any contrivance used or intended to be used for the purposes of making infringing copies


10. circumvents or causes the circumvention of any effective technological measures 1


11. removes or alters any electronic rights management information without authority or


12. distributes, imports for distribution or communicates to the public, without authority, works or copies of works in respect of which electronic rights management information has been removed or altered without authority


13. causes a literary, or musical work to be performed in public

For the purposes of (3) to (8), any person who has in his possession, custody or control three (3) or more infringing copies of a work or recording in the same form shall, unless the contrary is proved, be presumed to be in possession of or to import such copies otherwise than for private or domestic use.

References

1. Subsection 36(3) of the Copyright Act 1987:
   
   Copyright is infringed by any person who circumvents or causes any other person to circumvent any effective technological measures that are used by authors in connection with the exercise of their rights under this Act and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.

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