Malaysia — Malaysia is considering a series of amendments to the Copyright Act 1987 as it looks to modernise the country’s copyright framework to address challenges posed by artificial intelligence (AI), online piracy and evolving creative industries.
The Star reported that the proposed changes were outlined in a public consultation document released by the Intellectual Property Corporation of Malaysia (MyIPO).
Among the key proposals is the introduction of a legal framework governing the use of copyrighted works by AI. The proposed framework would prioritise transparency, fairness and appropriate compensation, ensuring creators are informed about how their works are being used while supporting continued AI innovation.
“Malaysia is considering a framework that balances protecting creators with supporting AI innovation,” shared MyIPO with The Star.
To strengthen efforts against online piracy, MyIPO is proposing the introduction of dynamic injunctions, a mechanism that would allow courts to block entire networks of pirate websites under a single order and add newly identified infringing sites without requiring separate legal proceedings.
The proposed reforms would also expand the powers of the Copyright Tribunal by allowing either licensing bodies or their members to refer royalty disputes without requiring consent from the other party. MyIPO has also proposed that all tribunal cases be resolved within 60 days after hearings conclude.
Another proposal focuses on orphan works—copyrighted materials whose owners cannot be identified or located—allowing them to be used for education, research, preservation, and public interest projects under the proposed framework after a diligent search for the rights holder has been conducted.
MyIPO said the changes could help libraries and universities digitise historical materials, while providing researchers and educators with greater access to cultural resources and supporting the wider creative economy.
The consultation document also proposes the introduction of an Artist’s Resale Right (ARR), which would allow artists to receive royalties when their works are resold.
Malaysia currently does not recognise ARR, despite more than 90 countries implementing similar schemes.
Eligible works under the proposal would include fine art, photography, illustrations, crafts, architecture, designs and prints, allowing artists to benefit from increases in the value of their works after the initial sale.
In addition, the amendments would provide clearer distinctions between copyright protection for creative works and industrial design protection for manufactured products, with the aim of improving enforcement consistency and reducing disputes.
According to MyIPO, the broader reforms are intended to improve access to justice, provide greater legal certainty and enable faster resolution of copyright disputes as Malaysia’s creative and digital economies continue to evolve.
