A literary, musical or artistic work requires originality and reduction of the work into material form for it to be eligible for copyright. Originality in copyright means that the work must have originated from the author and some effort must have gone into the creation of the work. Copyright may also subsist in works made by or under the direction or control of the Malaysian Government and prescribed international organisations. Hence, copyright may subsist in a work by reference to: (i) the status of the author (ii) the publication of the work or (iii) the making of the work. If these requirements are met, a work is protected regardless of the quality and purpose for which it was created. Under the Act, copyright will subsist in a work if it: (a) is original (b) is reduced to material form (c) belongs to one of the categories of protected works and (d) complies with the qualifications for copyright. In Malaysia, copyright subsists by virtue of the Copyright Act 1987 (“ Act”) and copyright protection is accorded without any requirement of registration, deposit or otherwise. 1.1 What are the requirements for copyright to subsist in a work?
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