Copyright Infringement

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

0 Download4 Pages / 893 Words

Question:
Explain the Law, Infringement of Copyright and the Defenses available for the Company.

Answer:

Introduction
The assignment is contains of the Copyright Act 1987 of Malaysia. The acts of copyright is briefly described with case laws. The famous cases Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30 and Microsoft Corporation v Conquest Computer Centre Sdn Bhd [2014] 6 CLJ 876 of copyright act are also briefly described with relevant status .
Discussion
As per the case law sec-3 of CA 1987 of Copyright act relevant to the case mater of The issue of this Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30. The defended copyright the designs of motorcycle without the consent of the copyright owner.
Microsoft Corporation v Conquest Computer Centre Sdn Bhd [2014] 6 CLJ 876 case the the defended infringed the copyright ownership of plaintiff. So according the sec 26(4) of the copyright act 1987 the author must prove the contrary. As according the provision, the defendant failed to prove the contrary. Therefore, he made a criminal offence.
The law on copyright in Malaysia is come on action by the Copyright Act 1987 from 1 December 1987. Copyright is a form of law, which establishes ownership upon the things that someone invented (San & Peng, 2016). The person who is established or inventing the work called author. The ownership that establishes copyright law must contains some rights. Those rights are:Right to develop above the work
Right to issue the copiesRight to assign the workRight to show or display the works in publicRight claim the ownership of the workRight to identify any damage or deformationRight to take legal action if any illegal interference damage author’s reputation..
Copyright infringement is the right to reproduce, which protects the work from breaking any terms, related that law. A copyright is infringed when someone who is other than the owners does following acts:Rework on that product, perform or play or showed in public or broadcast through a medium of original workWhen someone imports any article in Malaysia without the consent of the owner may infringe the copyright law.Infringing in electronic media also treated as an offence.
Copyright infringement is a criminal offence. The minimum fine of RM 2,000 per infringing copy allocated for this criminal offence (Adam, 2016).
In Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30 case, a popular Japanese company of bikes and cars issued a complain for an interlocutory injunction against a local company of motorcycle for production of two models by them. The first model COMEL MANJA JMP 125 bike model design was infringe from the model HONDA WAVE 125 and COMEL MANJA JMP-100 (GS-5) motorcycle design infringed from the model HONDA EX-5 DREAM. Here, sec-3 of CA 1987 of copyright act establishes the case of copyright infringing fir reproducing the work without the consent of the copyright holder (Sritharan et al.,2015). Malaysia high court gave judgment against the defendant. The court establishes some facts. The complainant has legal rights to sue the local company for damages and can apply injunction to discontinue the publication or handed the infringing models for destroying them by the copyright holder (Zakuan et al.,2016).
Microsoft Corporation v Conquest Computer Centre Sdn Bhd [2014] 6 CLJ 876 case the the plaintiff has a business of designing, marketing, producing of computer accessories had a copyright ownership of software named ‘Microsoft’. The defendant was a Malaysian company who had used the plaintiff’s software in their computer programming without the plaintiff’s consent (Sritharan et al.,2015). As per the sec- 26(4) of the copyright act 1987 the copyright holder must have prove of his contrary. The defendant installed one of the software without a license from the plaintiff. As the company fails to prove the contrary, it made a criminal offence (Zakuan et al.,2016).
Conclusion
The above written assignment provides brief information about infringing of copyright. The following two case laws also established the laws of infringement of copyright. In both cases, the court gave the judgment against because the defendants had infringed the plaintiff’s copyright.

Reference
Sritharan, K., Wee, V. M. E., Chin, R. M. Y., & Jong, E. E. M. (2015). A case study: the knowledge and awareness levels of copyright infringement among learners utilising digital technologies in Sunway College Johor Bahru.
Zakuan, Z. Z. M., Ismail, I. R., Hamid, R. A., & Pauzi, S. F. M. (2016). COPYRIGHT INFRINGEMENT IN THE ERA OF TECHNOLOGY ADVANCEMENT: A MALAYSIAN PERSPECTIVE. Asian journal of social sciences & humanities, 5(2), 54-61.
San, T. P., & Peng, S. C. (2016). Legal Issues on Free Software and License Contracts: A Malaysian Perspective. In Free and Open Source Software (FOSS) and other Alternative License Models (pp. 293-309). Springer International Publishing.
Adam, A. (2016). A historical analysis of the criminal sanctions in the Malaysian copyright regime (1902–1969). QUEEN MARY JOURNAL OF INTELLECTUAL PROPERTY, 6(1), 55-74.
Azmi, A. G., Madieha, I., & Jeong, C. P. (2015). Patent law in Malaysia: cases and commentary. Sweet & Maxwell Asia.
binti Mohamed, D. (2013). Combating the threats of cybercrimes in Malaysia: The efforts, the cyberlaws and the traditional laws. Computer Law & Security Review, 29(1), 66-76.
Copyright Law in Malaysia: Does the Balance Hold? – [2004] JMCL 2; (2004) 31 Journal of Malaysian and Comparative Law 23. (2017). Commonlii.org. Retrieved 19 April 2017, from https://www.commonlii.org/my/journals/JMCL/2004/2.

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.

E-mail

Yes, alert me for offers and important updates

Submit

Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 4 pages

PAY 3 USD TO DOWNLOAD

*The content must not be available online or in our existing Database to qualify as
unique.

Cite This Work
To export a reference to this article please select a referencing stye below:

APA
MLA
Harvard
OSCOLA
Vancouver

My Assignment Help. (2018). Copyright Infringement . Retrieved from https://myassignmenthelp.com/free-samples/copyright-infringement.

“Copyright Infringement .” My Assignment Help, 2018, https://myassignmenthelp.com/free-samples/copyright-infringement.

My Assignment Help (2018) Copyright Infringement [Online]. Available from: https://myassignmenthelp.com/free-samples/copyright-infringement[Accessed 19 December 2021].

My Assignment Help. ‘Copyright Infringement ‘ (My Assignment Help, 2018) accessed 19 December 2021.

My Assignment Help. Copyright Infringement [Internet]. My Assignment Help. 2018 [cited 19 December 2021]. Available from: https://myassignmenthelp.com/free-samples/copyright-infringement.

×
.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}

Thank you for your interest
The respective sample has been mail to your register email id

CONGRATS!
$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1
month.

Account created successfully!
We have sent login details on your registered email.

User:

Password:

For years, MyAssignmenthelp.com has been operating as one of the cheap assignment help providers in the USA. We are one of the best college paper writing services that keep service price minimal. We do not let the affordability of our service to hamper the standard of our work. We have separate teams of experts to provide report writing help . At MyAssigenmnthelp.com, we believe in earning credibility, so students can pay for assignments only after getting satisfied solutions. Tough assignments bother you? Trust us with your project. You will not regret paying us to write assignments for you.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;
}

BU1112 Business Law
Download :
0 | Pages :
6

Course Code: BU1112
University: James Cook University