IML601 (Chap 9)

IML 601:
PUBLICATION & PRODUCTION OF INFORMATION

MATERIALS
Week 10
TOPIC CONTENT
• Laws and Publishing Industry

• Copyrights
• Fair use and plagiarism
• Laws related to publishing industry
LEARNING OUTCOMES
By the end of the session, students will be able

to:
• Understand the copyrights
• Understand the Fair use and plagiarism
• Understand the Laws related to publishing
industry
COPYRIGHT LAW IN MALAYSIA
. Governed by the Copyright Act 1987.
. In Malaysia- No system of registration for copyright.
. Copyright Law 1987- provides the enforcement of the

law by the Ministry of Domestic Trade and Consumer
Affairs.
. Also provides the necessary clout to the enforcement

agencies.
WHAT IS PROTECTED?
1) Literary works 5) Sound recording

6) Broadcasts
2) Musical works
7) Derivative works
3) Artistic works
8) Published editions
4) Film
NOT PROTECTED
• Ideas,
• processes,
• facts,
• titles,
• names,
• short phrases,
• blank forms
WHAT WORK IS ELIGIBLE FOR
PROTECTION UNDER THE COPYRIGHT ACT
1987?
• Original works of authorship
– Starts with author
– Requires at least minimal creativity
– Protects expression only, not ideas or facts
• The work has been written down, recorded or
reduced to materials form.
• The author is a qualified person or the work is

made in Malaysia or the work is first published
in Malaysia.
WHO OWNS THE COPYRIGHT?
• Author (writer, composer, maker of

the work, etc.)
• The author’s right is transferable by

assignment testamentary disposition
or by operation of law.
CANNOT BE A COPYRIGHT WORK?
• Immoral
• Break the laws
• For sedition purpose
• bad image
• Against religion
• Meaning to confuse the public
WHAT ARE THE RIGHTS TO USE THE COPYRIGHT WORK?
• Permissions from copyright owner, license

agreements, etc.
• “First sale” doctrine
• Fair use
• Use in teaching
• Library copying
• Computer software
• Formats for persons with disabilities
The Important of Copyright Law in Publishing
• To control reproduction or reused of the art

for the some period of time.
• To protect reproduction of the author’s and

creator’s art from other people without their
permission.
• To encourage the author to keep producing

the quality work.
FAIR USE
Fair Use
• Fair use is a limitation and exception to the

exclusive right granted by copyright law to the
author of a creative work.
• Fair use is a doctrine that permits limited use
of copyrighted material without acquiring
permission from the rights holders.
• Examples of fair use include commentary,
search engines, criticism, parody, news
reporting, research, teaching, library archiving
and scholarship
Fair Use
• Fair use is a limitation and exception to the

exclusive right granted by copyright law to the
author of a creative work.
• Fair use is a doctrine that permits limited use
of copyrighted material without acquiring
permission from the rights holders.
• Examples of fair use include commentary,
search engines, criticism, parody, news
reporting, research, teaching, library archiving
and scholarship
Fair Use
• Fair use is one of the traditional safety valves

intended to balance the public's interest in
open access with the property interests of
copyright holders.
• http://www.myipo.gov.my/hakcipta-soalan
What is Fair Use
• class handouts of very short excerpts from a

book;
• quoting for purposes of reporting the news or
criticizing or commenting on a particular work of
art, writing, speech or scholarship.
What is not Fair Use
• using a photograph or other image to illustrate

a newsworthy story (because the subject of the
story is newsworthy it does not make the image
newsworthy)
PRINTING PRESSES AND
PUBLICATION ACT 1984
PRINTING PRESSES AND PUBLICATION ACT
1984
-The act imposes stringent licensing

requirements
-The purpose of the act is control all kind
of publication whether published locally or
oversea
PRINTING PRESSES AND
PUBLICATION ACT 1984 cont…
SECTION 3 – stated that any person or bodies that
want to published in Malaysia, must apply for
license from Minister of Internal Affairs.
- Minister can reject, cancel or suspend any licenses
produced.
- Publishing without license can attract a jail sentence
of up to three year or fines not exceed RM 20,000
or both.
PRINTING PRESSES AND PUBLICATION
ACT 1984 cont…
SECTION 4 – is about printing of

pornographic materials
- The punishment also can attract a jail
sentence of up to three year or fines
not exceed RM 20,000 or both.
ACT 1984 cont…
SECTION 5 – state that permit is required
before anyone print, imports, publish, sell or
distributing newspaper in Malaysia.
- The act was amended to prevent publication
sensitive issues likely to inflame communal
feelings or prejudice, jeopardise as security of
the nation.
- The Printing Act 1984 was again amended in
June 1984 to strengthen the government ‘s
stand to control both foreign and local
publications.
ACT 1984 , SECTION 5 CONT…
- Under this act, minister is given the power
to control the unwanted publication such as
false news, against the law and public moral
- The amendment provide wider mandate for
the minister to monitor infringements of the
new law pertaining to import of print
publications, ending the public registry
system which listed the publication permits
granted in each state, increasing penalties
for offences and removal of some statutory
safeguards.
ACT 1984 , SECTION 5 CONT…
- Publications that do not carry the names of
the publishers and printers are liable to be
jailed for up to one year or fines
- Refer to table 1 of the act :-
1. Publishers must give copy of publication to
National Library
2. 5 copy for printed materials like books,
maps, poster
3. And 2 copy for non-printed materials like
film, video, microform to give to National
Library
DEFAMATION ACT 1957
What Constitutes Defamation?
• A person who, by words either spoken or

intended to be read, or by signs or visible
representations, publishes a defamatory
imputation concerning another person
Form of Defamation
• Slander
- conveyed orally through voice or sign such
as insinuation, irony etc.
• Libel
- defamation in form of printed materials
such as, books, symbols, image etc.
Defamatory Matters
• Blacken the reputation of someone

• Any publication that make someone being
hated and insulted by community
• Their goodwill in job, business or profession
will spoil
In Publication
• In this act, publication is
a) in the case of words spoken, the speaking of those

words in the hearing of a person other than the
person defamed
b) the delivery, reading, or exhibition of it, if the person

making the publication knows, the contents or nature
of the document containing the defamatory matter
CONTRACT ACT 1950
What is Contract?
• A "promise" or an "agreement" made of a set
of promises. Breach of this contract is
recognized by the law and legal remedies can
be provided
Formation of Contract
• It is completed when there is an offer made, a
clear and unequivocal acceptance, furnishing
of consideration and an intention to be bound
by the contract
In Publication
• Relationship arise when there is an

agreement between the author and publisher
• The author allowed publisher to publish their
work
• Publisher must pay the royalty according to
percentage
Contract Issue
• Royalty Payment
- in some cases, publisher did not pay the
royalty to the author as written in the
agreement
SEDITION ACT 1948
What is considered seditious”?
An act, speech, word, publication or other

thing that:
• Brings into hatred or contempt or excites

disaffection against any Ruler or government, or
the administration of justice
▪Promotes feelings of ill-will and hostility
between different races and classes of
Malaysians
Who can be charged under the
act?
▪ Section 4(1) defines the offender as anyone

who carries out any act that has a seditious
tendency
▪ Includes preparations for such an act or
conspiring with anyone who is involved in such
an act
▪Covers:
- the saying of seditious words
- the printing, publishing, sale, offer for sale,

distribution or reproduction of any seditious
publication
- import of seditious publications

▪ “PUBLICATION"
-includes all printed matter and everything
whether of a nature similar to printed matter

not containing any visible representation by its
form, shape or in any other manner
capable of suggesting words or ideas,
and reproduction or substantial reproduction
of any publication
capable of suggesting words or ideas,
and reproduction or substantial reproduction
of any publication
▪ “SEDITIOUS“
- when applied or used in respect of any act, speech or
words qualifies such words and publication as one
having a seditious tendency

▪ “WORDS”
- includes any phrases, sentences or other

consecutive number or combination of words
What is the penalty for these offences?
▪ The first-time offender is liable to a fine not

exceeding RM5,000 or imprisonment for up to three
years, or both
▪ Subsequent offences are punishable with a

maximum jail sentence of five years
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IML 601:

PUBLICATION & PRODUCTION OF INFORMATION

• Laws and Publishing Industry

By the end of the session, students will be able

. Governed by the Copyright Act 1987.

. In Malaysia- No system of registration for copyright.

. Copyright Law 1987- provides the enforcement of the

. Also provides the necessary clout to the enforcement

1) Literary works 5) Sound recording

• The author is a qualified person or the work is

• Author (writer, composer, maker of

• The author’s right is transferable by

• Permissions from copyright owner, license

• To control reproduction or reused of the art

• To protect reproduction of the author’s and

• To encourage the author to keep producing

• Fair use is a limitation and exception to the

• Fair use is a limitation and exception to the

• Fair use is one of the traditional safety valves

• class handouts of very short excerpts from a

• using a photograph or other image to illustrate

-The act imposes stringent licensing

SECTION 4 – is about printing of

• A person who, by words either spoken or

• Blacken the reputation of someone

• In this act, publication is

a) in the case of words spoken, the speaking of those

b) the delivery, reading, or exhibition of it, if the person

• A "promise" or an "agreement" made of a set

of promises. Breach of this contract is

recognized by the law and legal remedies can

• It is completed when there is an offer made, a

clear and unequivocal acceptance, furnishing

of consideration and an intention to be bound

• Relationship arise when there is an

- in some cases, publisher did not pay the

royalty to the author as written in the

An act, speech, word, publication or other

• Brings into hatred or contempt or excites

▪ Section 4(1) defines the offender as anyone

▪ Includes preparations for such an act or

conspiring with anyone who is involved in such

- the saying of seditious words

- the printing, publishing, sale, offer for sale,

- import of seditious publications

-includes all printed matter and everything

whether of a nature similar to printed matter

- when applied or used in respect of any act, speech or

words qualifies such words and publication as one

having a seditious tendency

- includes any phrases, sentences or other

▪ The first-time offender is liable to a fine not

▪ Subsequent offences are punishable with a

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