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TOPIC 11
Pirated products have inundated the Malaysian markets and are causing many problems not only to the original producers and manufacturer but also to the Malaysian economy. What are the impacts of piracy on the Malaysian economy, the producers, manufacturers and the film industry? Evaluate the legislative and other measures taken by the government to counter these problems. Give further solutions for this problem.
Jonathan Heng Fuqiang Koo Woei Hong Leow Hui Sien Leow Teck Sheng Regine Lee Sue Tine Seng Jing Han Soo Yee Ling
Presented by:
What is piracy?
Piracy is the illegal replication of an original recording for commercial gain without the consent of the owner. It uses the copyright of the original publisher to make a gain. Piracy is a theft which leads to a loss to the owners of the property. Besides economic loss, piracy also affect the creative potential of a society as it denies authors and artists their legitimate dues.
What is copyright?
The right to authorise the use of ones work in different ways. The permission or the right to copy. The emphasis is not so much on the right to copy but on the right to prevent others from unfairly taking advantage ownership of the original owner of the copyright. In Malaysia, copyright protection is governed by the Copyright Act 1987 which provides comprehensive protection for copyrightable works. The Act outlines the nature of works eligible for copyright (which includes computer software), the scope of protection, and the manner in which the protection is accorded.
Imposition of Law
Piracy is a crime in Malaysia and is under the
amended Malaysia Copyright Act 2003, offenders found guilty can be fined up to RM 25000 for each copy of illegal software seized and can be jailed for up to 5 years.
Types of Piracy
reproduction of books and materials in digital form, as well as distribution in hard copy or digital format Music-Unlawful and unauthorised use of music
distribution over the Internet of unauthorised copies of works such as movies, music and videogames Trademark and product piracy-Illegal use of signs, names, logos (brands) and business names that brand manufacturers use to distinguish their products
Causes of Piracy
Counterfeiters engage in imitations because it does not cost them as much time and finances as compared to the original innovators of the product. Counterfeiters do not create their own trends in the market and face minimal market failure risks. There are high demands for a particular item or product that is difficult or illegal to obtain. It is also due to weak enforcement of intellectual rights, high income potential, lack of legal opportunities to gain wealth or income, and even by a low level of awareness of the issue by the public.
Film industry-Loss of revenue to film companies, reduces output, profits and employment opportunities
References
International Intellectual Property Alliance (IIPA). (2014). INTERNATIONAL INTELLECTUAL PROPERTY ALLIANCE (IIPA) 2014 SPECIAL 301 REPORT ON COPYRIGHT PROTECTION AND ENFORCEMENT. International Intellectual Property Alliance (IIPA). KRISHNASAMY, N. (2006). 12TH ABU COPYRIGHT COMMITTEE MEETING AND SEMINAR IN BRUNEI ON 15 -17 MEI 2006. MPA-Canada. (17 February, 2011). MPA-Canada. Retrieved from Ipsos MediaCT: http://mpacanada.org/press/IPSOS-OXFORD-ECONOMICS-Report_February-17-2011.pdf Standford University. (n.d.). Standford University. Retrieved from The Effect of Piracy: http://cs.stanford.edu/people/eroberts/cs181/projects/dvd-css/piracy.htm Strauss, K. (2014). Forbes. Retrieved from Forbes.com LLC: http://www.forbes.com/sites/karstenstrauss/2013/03/06/tv-and-film-piracy-threatening-anindustry/ Strauss, K. (2014). Forbes. Retrieved from Forbes.com LLC: http://www.forbes.com/sites/karstenstrauss/2013/03/06/tv-and-film-piracy-threatening-anindustry/ Yu, P. K. (2007). CAUSES OF PIRACY AND COUNTERFEITING IN CHINA. Guanxi: The China Letter.
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