Copyright Lawyer Malaysia | Infringement & Protection

Home Service Copyright Lawyer Malaysia

Copyright Lawyer in Malaysia — Infringement, Protection & Licensing

If you are searching for a copyright lawyer in Malaysia, you are likely dealing with the unauthorised use or reproduction of your creative work — or defending a copyright infringement claim made against you. Copyright law in Malaysia protects a wide range of original creative works, and infringement can cause significant financial loss, reputational damage, and ongoing commercial harm if not addressed promptly.

At NZSK, our IP lawyers in Kuala Lumpur and Selangor advise on copyright infringement litigation, enforcement against copyright pirates, digital copyright disputes, copyright licensing, and the protection of original creative content. We act from offices in Mont Kiara, KL and Puchong, Selangor, and we represent clients ranging from individual creators and SMEs to corporations and foreign rights holders.

Why Choose Us?

Copyright Law in Malaysia — The Copyright Act 1987

Copyright in Malaysia is governed by the Copyright Act 1987. Unlike trade marks, patents, and industrial designs, copyright in Malaysia arises automatically on creation — there is no requirement to register a copyright to obtain protection. Protection arises from the moment an original work is created and fixed in a material form, and lasts for the lifetime of the author plus 50 years (for most categories of work).

The Copyright Act 1987 protects the following categories of works:

Literary works — including books, articles, computer programs, databases, and written content of all kinds
Artistic works — including paintings, drawings, photographs, sculptures, logos, architectural works, and graphic designs
Musical works — the musical composition — separate from the sound recording of the performance
Films — including video content, television productions, and online video
Sound recordings — the recording of a performance, separate from the musical work itself
Broadcasts — radio and television broadcasts
Derivative works — translations, adaptations, and compilations that meet the originality requirement

Copyright gives the owner the exclusive right to reproduce, publish, perform, communicate to the public, and make adaptations of the protected work. Any of these acts done without the copyright owner’s consent constitutes infringement.

Copyright Infringement in Malaysia — What Constitutes Infringement?

Copyright infringement occurs when a person does, without the licence of the copyright owner, any act that is within the exclusive rights of the copyright owner. Common forms of copyright infringement we handle in Malaysia include:

Content copying and reproduction — reproducing a substantial part of a copyrighted work — in print, online, or in broadcast — without permission
Digital piracy — the unauthorised distribution of copyrighted content online — including streaming, downloading, and torrent distribution of films, music, and software
Image and graphic reproduction — using copyrighted photographs, artworks, illustrations, or graphic designs without a licence — including in websites, marketing materials, and social media
Software piracy — installing and using software without a valid licence, or distributing unlicensed software copies
Plagiarism and content scraping — copying written content — including website content, articles, and reports — without authorisation
Unauthorised adaptations — creating translations, remixes, derivative works, or adaptations of copyrighted works without the rights holder’s consent
Unauthorised public performance or communication — performing, screening, or broadcasting copyrighted works in public — including in restaurants, hotels, retail premises, and online platforms — without the required licence

Enforcement — Stopping Copyright Infringement in Malaysia

Copyright enforcement in Malaysia can take place through both civil proceedings and criminal prosecution. The Copyright Act 1987 provides both civil and criminal remedies for infringement.

In civil proceedings before the Intellectual Property Division of the High Court, the copyright owner may apply for an injunction to stop the continuing infringement, damages or an account of profits, and delivery up and destruction of infringing copies. Where evidence may be destroyed, we apply for urgent Anton Piller (search and seizure) orders allowing entry to premises and seizure of infringing materials before they can be removed.

Criminal prosecution under the Copyright Act 1987 is available for flagrant commercial-scale infringement, with penalties including fines and imprisonment. We advise on coordinating with enforcement authorities — including the Royal Malaysia Police and KPDN — in criminal copyright enforcement operations.

Digital Copyright — Online Infringement and Takedowns

Digital copyright infringement — the unauthorised reproduction, distribution, and communication of copyrighted content through websites, social media, e-commerce platforms, and streaming services — is one of the most rapidly growing areas of IP enforcement in Malaysia. Copyright owners face the challenge of monitoring an enormous volume of online content and acting quickly before infringing material reaches a wide audience.

We advise on online copyright enforcement strategies, including: platform takedown notices under the terms of service of major platforms (including Shopee, Lazada, Facebook, Instagram, YouTube, and TikTok); applications to the Communications and Multimedia Commission (MCMC) for blocking of infringing websites under the Communications and Multimedia Act 1998; and civil and criminal enforcement action against identifiable infringers.

Copyright Licensing and Commercialisation

Copyright is a valuable commercial asset that can be licensed to generate revenue. We advise on copyright licensing — including exclusive and non-exclusive licences, royalty-based arrangements, flat-fee licences, and territorial licensing. We also advise on copyright assignment agreements, collaborative creation agreements (where multiple parties contribute to a copyrighted work), work-for-hire arrangements, and the structuring of copyright provisions in commercial contracts.

A well-drafted copyright licence protects the rights holder against misuse of the licensed work and provides clear remedies in the event of a breach. We review and draft copyright licences and related agreements to ensure they are commercially effective and enforceable under Malaysian law.

Frequently Asked Questions

Do I need to register my copyright in Malaysia?

No. Copyright in Malaysia arises automatically on creation of an original work — there is no registration system or requirement. However, maintaining proper records of creation — including drafts, timestamps, correspondence, and publication records — is important for enforcing your copyright if infringement occurs. Some creators voluntarily record their copyright with MyIPO or use a notary or solicitor's statutory declaration to create contemporaneous evidence of ownership and creation date.

How do I prove that someone has infringed my copyright in Malaysia?

To establish copyright infringement in Malaysia, you must show: (1) that you own valid copyright in the work; (2) that the work is original and qualifies for copyright protection; (3) that the defendant has reproduced a substantial part of your work without your licence. Evidence of infringement includes the infringing copies themselves, evidence of access to the original work, expert evidence on similarity, and evidence of the commercial scale of the infringement. We advise on evidence gathering from the outset of every copyright enforcement matter.

Someone has copied the content from my website. What can I do?

Website content — including text, images, and graphic designs — is protected by copyright under the Copyright Act 1987, provided it is original. If your content has been copied without authorisation, we can advise on the most appropriate response: a cease and desist letter, a platform takedown notice, or civil proceedings in the High Court. Where the infringement is ongoing and causing commercial damage, we act quickly to obtain injunctive relief. Contact us for advice on the most effective strategy for your specific situation.

What is the 'fair dealing' exception to copyright infringement in Malaysia?

The Copyright Act 1987 provides a 'fair dealing' defence for certain uses of copyrighted works without a licence — including use for research, private study, criticism, review, and reporting of current events. The defence is limited: it applies only to fair dealing for the specified purposes, requires acknowledgment of the source in most cases, and cannot be used as a shield for commercial-scale reproduction or distribution. We advise on whether a claimed fair dealing defence is likely to succeed in the specific context of your enforcement action.

Can I use someone else's copyrighted image or music in my business without permission?

Generally no. Using a copyrighted image, music track, or other content in your business — for example, on your website, in marketing materials, in social media posts, or as background music in your premises — without a valid licence constitutes copyright infringement. The fact that you found the content online does not mean it is free to use. We advise on copyright compliance and on licensing strategies to ensure your use of third-party content is properly authorised.

Speak to a IP Lawyer Now!

If your copyright is being infringed — or if you are facing a copyright claim, contact NZSK for practical and commercially focused trade mark legal advice. Contact us to arrange a consultation.