22/10/2024
Kuala Lumpur, Malaysia – October 8, 2024
National Seminar on Managing Copyright in Malaysian Education
The National Seminar on Managing Copyright in Malaysia Education, held on October 8, 2024, in the MyIPO Office Kuala Lumpur, brought together leading experts and stakeholders from across the intellectual property (IP), education, and publishing sectors. Organized by the Intellectual Property Corporation of Malaysia (MyIPO), Malaysia Reprographic Rights Centre (MARC), the International Federation of Reproduction Rights Organisations (IFRRO), and supported by the World Intellectual Property Organization (WIPO). The seminar addressed the critical role of copyright law in education and explored innovative solutions to challenges faced in the digital age.
The seminar began with a welcoming address by Mr. Kamal Kormin, Director General of MyIPO, who emphasized the importance of copyright protection for promoting creativity and ensuring fair access to educational resources. Mr. Kamal highlighted the growing need for robust copyright policies, particularly as Malaysia continues its transition toward a knowledge- based economy.
The event featured five thought-provoking sessions, each focusing on different aspects of copyright management within the educational context.
The National Seminar Managing Copyright in Malaysia Education Session one on Collective Management Benefits and Solutions brought together prominent experts in the field to discuss the role of collective management organizations (CMOs) in facilitating the use of copyrighted materials, especially in educational contexts. Moderated by Ms. Sarah Quynh Tran, Head of Regional Policy and Public Affairs at IFRRO.
Ms. Tran, in her opening remarks, introduced the concept of collective management which has operated in more than 80 countries worldwide for more than 50 years and emphasized its significance in the education sector. She noted that collective management helps simplify the licensing process for educational institutions while ensuring that creators are fairly compensated for the use of their works.
Mr. Noor Aliff Musa, Director of the Copyright Division at the Intellectual Property Corporation of Malaysia (MyIPO), highlighted the critical role of Collective Management Organizations (CMOs) in the protection and management of copyright for creators, particularly in the education and publishing sectors. He provided a detailed explanation of the reliability of CMOs in Malaysia and the process of their accreditation, shedding light on how these organizations are regulated to ensure they operate efficiently and in the best interests of copyright holders.
Mr. Noor Aliff emphasized that CMOs in Malaysia are designed to serve as trusted intermediaries between copyright holders—such as authors, artists, and publishers—and the users of copyrighted works, including educational institutions, broadcasters, and digital platforms.
Ms. Miyuki Monroig, Program Officer at the Copyright Division of the World Intellectual Property Organization (WIPO) in Geneva, delivered an insightful presentation on the crucial role WIPO plays in global copyright protection, and the ways it supports copyright users and content producers to maintain a balanced system to support the creation of new, innovative work as well as ensuring access to users, particularly in education.
Ms. Miyuki shared how WIPO provided technical assistance and guidance during the establishment of MARC in Malaysia. This organization is crucial for the collective management of rights related to reprographic reproduction, which is particularly important for educational institutions, publishers, and authors.
MARC’s establishment reflects Malaysia's commitment to enhancing its copyright infrastructure and ensuring that creators receive fair compensation for the use of their works.
Ms. Miyuki stressed the importance of Malaysia being a signatory to the Berne Convention and the Paris Convention. These treaties provide a comprehensive framework for the protection of copyright and related rights internationally.
By adhering to these conventions, Malaysia is not only ensuring that its own creators are protected under international law but also enhancing its status as a creative hub in Southeast Asia.
Ms. Miyuki’s presentation underscored the vital role of WIPO in supporting Malaysia’s copyright landscape through the establishment of MARC and its commitment to international treaties like the Berne and Paris Conventions. Her insights highlighted how these efforts are not only essential for protecting creators’ rights but also crucial for fostering a vibrant and sustainable creative economy in Malaysia. The collaboration between WIPO and Malaysian stakeholders will continue to pave the way for stronger protections and a more robust creative sector in the future.
Ms. Ada Lee, Senior Solicitor at the Copyright Hong Kong Intellectual Property Office, discussed the legal frameworks surrounding collective management and how they apply to the education sector. She noted that in Hong Kong, CMOs play an essential role in facilitating educational use of copyrighted materials, especially in the digital age.
Ms. Ada stressed that collective management does not replace copyright law but complements it by providing a structured approach for schools and universities to use materials legally. She outlined how CMOs in Hong Kong have helped reduce infringement cases in educational settings by ensuring that licensed content is used appropriately.
She also emphasized that collective management is particularly crucial in enforcing copyright compliance in schools and universities, where unauthorized use of educational materials is common. She encouraged Malaysian institutions to adopt similar frameworks to ensure that students and educators have access to materials while respecting intellectual property laws.
Exceptions and Limitations - Unauthorized Use and Enforcement provided a comprehensive exploration of copyright exceptions, unauthorized use, and the challenges of enforcing copyright laws in educational contexts were discussed during the next session of the seminar. Moderated by Mr. Jim Alexander, IFRRO consultant, former Vice President of IFRRO and former CEO, CA, Australia, the session aimed to clarify the balance between protecting intellectual property rights and ensuring that educational institutions can access the resources they need. The expert panel discussed current enforcement challenges and proposed strategies to mitigate unauthorized use while recognizing the role of copyright exceptions.
Prof Madya Rohaizar Wati binti Zuallcobley, Chairman of the Copyright Tribunal Malaysia, provided insight into the tribunal's role in resolving copyright disputes, including those related to educational use. She discussed how the tribunal serves as an alternative dispute resolution mechanism for creators, publishers, and users, including educational institutions, to resolve conflicts over copyright infringements.
Prof Rohaizar explained that many disputes arise from misunderstandings of the limitations of copyright exceptions, particularly in educational settings. She emphasized that educational institutions need to work closely with copyright organizations and legal experts to develop compliance strategies that respect the rights of creators while meeting educational needs.
Puan Kala Devi Kailasam, Head of the Intellectual Property Unit at the Department of Enforcement, Ministry of Domestic Trade and Cost of Living, issued a strong warning about the consequences of using unauthorized works without the permission of the rights owners. She emphasized the critical importance of understanding and respecting copyright laws, particularly within educational institutions, businesses, and the digital space, where unauthorized use is becoming increasingly prevalent.
She provided examples of common forms of infringement, such as photocopying textbooks, sharing digital content without authorization, and using copyrighted materials in teaching or public presentations without the necessary licenses. These acts, although sometimes done with good intentions, violate copyright law and expose individuals and institutions to legal penalties.
Digital piracy was another critical issue discussed by Puan Kala Devi. She warned that the unauthorized downloading, streaming, or sharing of digital content such as movies, music, books, and software is not only illegal but also harmful to creators and the broader industry. The ease with which digital content can be copied and distributed has made piracy a major focus for copyright enforcement authorities.
She highlighted that the government is working closely with internet service providers (ISPs), social media platforms, and other digital service providers to track and prosecute individuals involved in digital piracy. Puan Kala Devi made it clear that even seemingly minor acts of piracy, such as downloading a pirated ebook or sharing a copyrighted video, can lead to serious legal consequences.
Mr. Sheikh Faisal Sheikh Mansor, President of the Malaysia Book Publishers Association (MABOPA) moderated the evening session by addressing the fundamental challenge of managing copyrighted materials in schools. He highlighted that schools, which rely heavily on textbooks, educational content, and supplementary materials, often find themselves navigating a complex landscape of copyright laws.
Many schools, he noted, either lack the knowledge or resources to properly manage the use of copyrighted works, leading to unauthorized photocopying, digital sharing, or reproduction of materials for classroom use. This situation is compounded by the growing need for digital content in the classroom, especially in the wake of the COVID-19 pandemic, which has accelerated the shift towards online learning.
Mr. Sum Lih Kang, Executive Director of Pelangi Berhad, provided the perspective of the publishing industry. He emphasized the critical role of licensing in ensuring that both publishers and creators are compensated fairly for the use of their works. Pelangi Berhad, as a leading educational publisher in Malaysia, works closely with schools to provide licensed content, but still encounters cases where schools or educators make unauthorized copies of textbooks or educational materials.
Mr. Sum noted that while many schools may view such actions as a necessity, especially in underserved areas, they undermine the publishing industry’s ability to produce high-quality materials. The loss of revenue due to unauthorized reproduction harms both the publishers and the authors, illustrators, and other content creators who rely on royalties for their work.
He advocated for a more robust system of collective licensing through organizations like the Malaysia Reprographic Rights Centre (MARC), which could offer schools affordable access to copyrighted materials while ensuring that creators are compensated.
During the fourth session on Universities in a Digital Information Age, Prof. Dr. Nazura Abdul Manap, Deputy Chairman of the Copyright Tribunal Malaysia, provided an overview of the legal frameworks governing the use of copyrighted materials in universities. She highlighted that while copyright law allows for certain exceptions in education, such as the use of small portions of a work under “fair dealing,” these exceptions are often misunderstood and misapplied in the digital context.
Prof. Dr. Nazura explained that the digital age has blurred the lines between lawful and unlawful use of copyrighted content. Universities, she argued, must ensure that they have proper licenses in place for the digital materials they use and distribute to students.
Dr. Siti Fariza Mohamad Isa, Director of the Educational Resources and Technology Division at the Ministry of Higher Education Malaysia, highlighted the Ministry’s role in promoting digital education while ensuring copyright compliance.
Dr. Siti Fariza emphasized that while digital learning offers immense benefits, it is essential for universities to respect the intellectual property rights of content creators. She called for greater collaboration between universities, publishers, and the government to create sustainable models for digital content use in higher education.
The last session for the seminar was moderated by Mr. Arief Hakim Sani Rahmat, Managing Director of PTS Publishing, passionately expressed his concerns about the unfair treatment of authors in Malaysia, particularly in the context of the Copyright Act of 1987. He emphasized that, despite the long-standing existence of the law, many authors have been consistently taken advantage of and denied proper remuneration for the use of their works.
Arief Hakim Sani raised an urgent concern that authors in Malaysia, especially those in the publishing industry, have not received the financial compensation they rightfully deserve for their intellectual contributions. He criticized the current state of affairs where authors’ works are widely used across various sectors—education, media, and digital platforms—without adequate remuneration.
He stated that the Malaysia Copyright Act 1987, while it provides the legal framework to protect the intellectual property of creators, has not effectively ensured that authors receive proper compensation for the usage of their works. He argued that this failure has led to authors being taken advantage of, and many have struggled to survive in a market that doesn’t fairly reward their labor.
Arief Hakim highlighted that one of the most concerning areas where authors are being exploited is the education sector. Educational institutions, according to him, often use authors’ works, such as textbooks and learning materials, without ensuring proper licensing or payment to the creators.
He stressed that while education is important, it cannot come at the expense of creators’ rights. The widespread photocopying of books, unlicensed digital distribution of materials, and unauthorized use of educational content in schools and universities have deprived authors of significant earnings, leaving many struggling to make a living.
Ms. Linda Tan, from the Children’s Picture Book Association of Malaysia (MYCPB), spoke on behalf of children’s book writers and illustrators. She shared her personal experience in the industry, highlighting the struggles faced by authors and illustrators in protecting their work from unauthorized use.
Ms. Linda explained that picture books, especially those designed for children, are vulnerable to widespread copying because of their visual nature. Illustrations can easily be copied and shared without the creator’s consent. She stressed that while digital platforms offer vast exposure, they also expose creators to a higher risk of copyright infringement.
Ms. Ana Rafalli, Board of Director at RPM Berhad, shared a moving story about how the music industry, particularly singers and composers, faced severe financial struggles in the past. She recounted how many musicians were on the brink of giving up, their careers nearly "dead," because they were not receiving proper compensation for their work. However, they were saved by the establishment of Collective Management Organizations (CMOs) for music, which significantly improved their financial stability and ensured that they were fairly paid for the use of their creative works.
Mr. Abdul Rani bin Ahmad, President of the Malaysia Comic Activist Society (PEKOMIK), spoke on behalf of comic artists, who face unique challenges in protecting their creative works. He explained that comics, with their combination of visual art and storytelling, are particularly vulnerable to unauthorized reproduction. Scanned versions of comic books and digital comics are often shared freely online without the consent of the creators.
Ms. Ana Rafalli strongly advocated that the publishing industry in Malaysia should follow the same format as the music industry in terms of collective management. She argued that writers, illustrators, and other creators in the publishing world face similar challenges to those previously experienced by musicians, especially when it comes to unauthorized use and under-compensation for their work.
She pointed out that just as CMOs in the music industry have been instrumental in ensuring that royalties are collected and distributed fairly, a similar system could be applied to the publishing sector. This would protect authors from losing revenue when their works are copied, distributed, or used in educational institutions without proper licenses or permissions.
Mr. Abdul Rani bin Ahmad, President of the Malaysia Comic Activist Society (PEKOMIK), highlighted a significant issue facing comic artists and visual creators in Malaysia—the rampant unauthorized use and exploitation of their works. His remarks brought attention to the serious challenges that these artists face in a digital age where their creations are easily copied, altered, and distributed without their consent.
Mr. Rani pointed out that many comic artists have experienced outright theft of their works, where their illustrations and stories are stolen, reedited, and republished without any permission or acknowledgment. This unauthorized reproduction not only undermines the artists’ rights but also dilutes the value of their original work.
For more information, kindly call CEO of Malaysia Reprographic Rights Centre (MARC) - Mr. Ahmed Hussain at 012 215 5535
