Copyright Infringement Free-Samples for Students-Myassignmenthelp

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 authors 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 plaintiffs software in their computer programming without the plaintiffs 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 plaintiffs 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. InFree 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 (19021969).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.