Syamsul Yusof win appeal in "Aku Bohsia" copyright suit

Image sources: New Straits Times

Sources: Malayan Law Journal, MalayMail (1), MalayMail (2) and Linkedin 


On November 24, 2014, Elias Idris, a writer of the novel Aku Bohsia, claimed that the movie Bohsia: Jangan Pilih Jalan Hitam directed by Syamsul Yusof had many similarities with his story and had copied his work. Elias filed a copyright lawsuit against Yusof Md Aslam (the producer), Syamsul Yusof (actor-director), and Skop Production (film production). He claimed the movie, released in 2009, shared similar plot, character, and message with his novel published in 1995. However, the defendants, Yusof, Syamsul, and Skop Production are argued they had never seen or read the novel. They said any similarities were just coincidence, as the issue of "bohsia" is a common social problem. They also filed a countersuit against Elias over defamatory articles posted on his blog on November 7 and 16, 2014. The High Court ruled in favour of the defendants and ordered Elias to pay RM100,000 to each for damages and defamation.

Not satisfied with the decision, Elias appealed the case. On March 21, 2017, the Court of Appeal overturned the High Court’s decision, stating the film was too similar to the novel to be a coincidence. The ruling was in Elias’s favour.

But then, on July 24, 2018, Yusof, Syamsul, and Skop Production appealed to the Federal Court. The court found the Court of Appeal had made an error and reinstated the original High Court decision. Elias was then ordered to pay RM60,000 to the appellants.



My comments:

(Remark, the “bohsia” word is a local slang that are be used to describe a young female that often doing immoral activities. But it also can be a slur for some people, before use the word, the writers need to know the slang meaning and use it in proper sentence.)


It’s true that “bohsia” is a common issue that happen in society, especially among young generation, and sometimes the story might have same plot. But according to Malaysia copyright law – Copyright Act 1987, Section 7(2A), copyright protection shall not extend to any idea, procedure, method of operation or mathematical concept. So in this case, the idea of “bohsia” cannot be copyrighted, but the expression of the idea like plot, character, storyline, can be protected.

As a scriptwriter and director of the film, he should hire another script checker to cross-check the story, from dramas to novels. If there is a story that similar, they should ask permission from the author and put a disclaimer that the movie is based on the novel. Also, if the movie plot really similar with the novel, the author should straight away file a lawsuit. A bit questionable why the author wait almost 5 years to take legal action. Overall, when making a story for public viewing, better to double-check with other existing works and make sure to do proper copyright on the expression of the idea.


-Azam Afifah-

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