What is Copyright?
By definition, Copyright is; the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.
As a photographer, where do your right lie? Photographs are parked under artistic works, and you as the author and owner, is given the exclusive right to control the legal rights of said work under the Copyright Act 1987.
This gives you the rights to enforce the copyrighted works in cases of infringement either by civil or criminal action.
Apart from legal rights, the author also has economic rights that include the rights of reproduction, rights of communication to public, rights to perform, showing, or playing to the public, rights of distribution and rights of commercial rental.
What this means is that as the owner and author, you have the right to derive financial reward from the use of your artistic work, by way of assignment, licensing, and testamentary disposition.
Are “Good” and “Bad” photographs equally protected?
In short, yes. It is immaterial whether if its of good quality or not. A bad photographs also gets protection under the law.
But please keep the below two points in mind when bringing your work under the law of Copyright;
- A photographs must be original work
- Must have some degree of skill and effort expended on to it.
Infringement
Violation of a Copyright is called infringement.
Whoever uses copyrighted works without consent or authorization from the author, owner, or performer, may constitute an infringement under Copyright Act 1987.
Below are some examples of Copyright infringements;
- Reproduces in any material form, performs, shows or plays or distributes to the public,
- Imports any article into Malaysia for the purpose of trade or financial gains;
- Makes for sale or rent any infringing copy;
- Sells, rent or by way of trade, exposes or offers for sale or rent any infringing copy;
- Distributes infringing copies;
- Possesses, otherwise than for his private and domestic use, any infringing copy;
- Exhibits in public any infringing copy by way of trade;
- Makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies
If you feel that your work has been infringed upon, do not hesitate to get in touch with us and find out more and take immediate action.