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    Intellectual Property Topic 3 Slides Presentation

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    Syahirah Arif
    The document discusses a 2018 Malaysian court case regarding whether a company can claim moral rights under copyright law. The High Court ruled that the Copyright Act only confers moral rights on natural persons as authors, not companies. The court's reasoning was that the Act's wording and provisions refer to individuals and their estates, honours, and dissolution, not corporations.

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    Intellectual Property Topic 3 Slides Presentation

    Uploaded by

    Syahirah Arif
    102 views8 pages
    The document discusses a 2018 Malaysian court case regarding whether a company can claim moral rights under copyright law. The High Court ruled that the Copyright Act only confers moral rights on natural persons as authors, not companies. The court's reasoning was that the Act's wording and provisions refer to individuals and their estates, honours, and dissolution, not corporations.

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    Intellectual Property Topic 3 Slides Presentation

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    The document discusses a 2018 Malaysian court case regarding whether a company can claim moral rights under copyright law. The High Court ruled that the Copyright Act only confers moral rights on natural persons as authors, not companies. The court's reasoning was that the Act's wording and provisions refer to individuals and their estates, honours, and dissolution, not corporations.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    102 views8 pages

    Intellectual Property Topic 3 Slides Presentation

    Uploaded by

    Syahirah Arif
    The document discusses a 2018 Malaysian court case regarding whether a company can claim moral rights under copyright law. The High Court ruled that the Copyright Act only confers moral rights on natural persons as authors, not companies. The court's reasoning was that the Act's wording and provisions refer to individuals and their estates, honours, and dissolution, not corporations.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    INTELLECTUAL PROPERTY LAW (UIP2612)

    T12
    TUTORIAL 3 : COPYRIGHT (PART 2)

    NAME STUDENT ID

    1. MUHAMMAD AMIR RIZAH 1142701693


    2. FAIZIN NASRIN MD REJAB 1171101777
    3. NABILAH FARHANAH MOKTAR DAIDI 1171100140
    4. CHRISTIE TING YU YEAN 1171100152
    The
    The main
    main challenge,
    challenge, whether
    whether moral
    moral
    rights
    rights on
    on the
    the author
    author of
    of the
    the work
    work is
    is
    protected
    protected by
    by Copyright
    Copyright ??
    Aktif Perunding Sdn Bhd v ZNVA & Associates Sdn Bhd [2018]
    7 MLJ 692

    University Teknologi Malaysia appointed Ahmad Zaki Sdn Bhd ("Main


    Contractor") as the main contractor for the construction of a student
    accommodation in Kuala Lumpur ("Project"). The Main Contractor then
    FACTS appointed the plaintiff ("Aktif Perunding Sdn Bhd"), by way of a letter
    OF THE of intent dated 27 September 2013, to be the mechanical and electrical
    CASE engineering consultant for the Project. Aktif Perunding Sdn Bhd
    produced certain mechanical and electrical engineering drawings
    ("Drawings") and in the “Title Block” of the Drawings, it is stated that
    Aktif Perunding Sdn Bhd was the mechanical and electrical engineer for
    the project. Aktif Perunding Sdn Bhd was later terminated by the Main
    Contractor and the defendant ("ZNVA & Associates Sdn Bhd") was
    appointed as the new consultant for the Project.
    Aktif Perunding Sdn Bhd v ZNVA & Associates Sdn Bhd [2018]
    7 MLJ 692

    ISSUE ?
    Whether a non-natural person such as a company could have moral rights
    in a work?

    The High Court Judge that the Act only confers moral rights on the
    HELD author of a work who is a natural person, in which it would not apply in
    the present suit where Aktif Perunding Sdn Bhd is a company.

    This is based on the following reasons: (next slide)


    Aktif Perunding Sdn Bhd v ZNVA & Associates Sdn Bhd [2018]
    7 MLJ 692

     Section 25(2), (4), (5) and (6) of the Act have expressly provided for the scenario
    when an author of a work has died and the author’s personal representative may then
    act for the author’s estate. This evinces the Parliament’s intention to confine moral
    rights to an individual author only.
     Section 25(2)(b)(ii) of the Act expressly proved for "distortion, mutilation or
    modification" of a work which "might reasonably" be regarded as adversely
    affecting the author’s honour. The term "honour" can only refer to an author who is
    a natural person.
     The entire provision of section 25 of the Act does not refer at all to the winding up
    or dissolution of a corporate author.
    Summary of judgement

    The High Court that moral rights pursuant to


    would apply to drawings even if they are not a
    “purely artistic and/or creative endeavour,” as the wording of the
    provision is not restricted as such.

    Furthermore, the Court that moral rights pursuant to


    only a natural person can be conferred on a
    morals rights in a work.
    Challenges answered:

    Moral right under Copyright Act does not protect /


    include non - natural person such as company. Only
    Natural person can be conferred moral rights in a
    work.
    THANK YOU SO MUCH

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