Regulations pertaining to the voluntary notification of copyright came into force in Malaysia on June 1 2012.
There was no formal copyright registration process prior to the
Regulations. Being a party to the Berne Convention, copyrighted works
are protected immediately upon creation and the fulfilment of certain
conditions in the Copyright Act (original or derivative work; reduced to
material form; author is a qualified person in Malaysia).
The Regulations require that every notification of copyright is made
by a citizen or a permanent resident of Malaysia. An applicant may be
the author, owner, licensee or assignee of a copyrighted work.
Foreigners may also file an application but only upon appointment of a
A complete notification of work consists of the proper application
form (CR-1 or CR-2), statutory declaration, copy of work and the
corresponding fee. Notifications filed through an agent require
additional form CR-3. Where the title of the work contains a word that
is not in the English language, the notification should include a
translation into English. It is important that a copy of the work
submitted by the applicant be of a clear and durable quality. If the
controller is not satisfied, he may request another copy, which has to
be complied within 30 days, otherwise the notification shall be deemed
withdrawn. The fee to be paid is based on the type of notification and
size (soft copy) or quantity (document) of works.
Upon filing the notification of copyright, it is recorded by the
controller of copyright who will notify the applicant accordingly. An
applicant who desires to have a certificate of the notification may file
form CR-5 and pay the corresponding fee.
Correction of clerical errors may be done by filing form CR-6. Also,
any person requesting for certified extracts from the register may file
his request in form CR-9. A change in address, on the other hand, may be
reflected by filing form CR-10. A copyright work that has been
transferred by way of assignment, testamentary disposition or operation
of law may be recorded by filing form CR-11.
With a voluntary notification process in place, it is expected that the certified extracts issued by the controller shall be prima facie
evidence of the particulars therein and admissible in court. Hence,
once ownership of copyright is recorded, the burden of proof that
copyright does not subsist in the work is shifted to the infringer.
Patrick Mirandah Co (Malaysia)
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