Copyright Infringement Still Occur Despite Wider Awareness

 



One of the two individuals charged for selling TV Boxes with unauthorised content

Intellectual property rights violations have become commonplace in Malaysia. In 2022, the first case charged under section 43AA of the Copyright (Amendment) Act 2022 sets a precedent. Two individuals were charged at the Kuala Lumpur Session Court (Cyber) under Section 43AA of the Act for selling TV Boxes pre-loaded with unauthorised Astro content. According to Section 43AA of the Act, any person who commits or facilitates copyright infringement by manufacturing, importing, selling, or letting for hire, distributing, or offering to the public a streaming technology is considered committing an offence and once convicted, can be fined up to RM200,000, imprisoned for up to 20 years, or both.

In the year before, a company director of an IT company was charged at Shah Alam Sessions Court under Section 41(1)(ha) of the Copyright Act 1987 with promoting Long TV Android boxes, which allow the bypassing of technological protection measures on copyright broadcast work. The director pleaded guilty to a charge of possessing TV media boxes that contain software to illegally stream Astro's content via the internet and was fined RM30,000 under Section 232(2) of the Communications and Multimedia Act 1988, making her the first illicit streaming devices (ISD) seller to be charged under this provision.


DISRESPECTING IP RIGHTS

Commenting on violations of intellectual property (IP) rights, Universiti Sains Islam Malaysia Faculty of Shariah and Law lecturer Dr Haliza a. Shukor told Bernama, "This happens when some people deliberately take the easy way out by imitating or plagiarising products of others without permission". She said it has been evident in recent times that people are starting to acknowledge the importance of IP protection, but "what is still lacking is the awareness about respecting the intellectual property rights of others".

As such, campaigns on IP awareness should focus on respecting other people's IP rights and the legal consequences of copying another person's creation, innovation, or design, she added. Each type of IP is protected by laws that prevent others from using them without permission. Malaysia has the Copyright Act 1987, which protects creative works such as novels, films, pictures, sculptures, and songs. She said when entrepreneurs register their original creations with MyIPO, the move will help them protect their products against plagiarism and attract foreign investors who have the confidence to invest in Malaysia because appropriate laws are in place to provide protection for newly developed innovations.

Lawyer Ahmad Hafiz Zubir mentioned, "Intellectual property is an intangible asset; this is why it is difficult to gain empathy from outsiders to appreciate the importance of protecting it (IP). Only the intellectual property owners understand the 'pain' of having their products imitated or copied". Meanwhile, in alignment with World Intellectual Property Day on April 26, the Malaysian government has gazetted the date as National Intellectual Property Day, with the theme in 2024 being "Intellectual Property, the Pulse of Malaysia Madani". In recognition of Malaysians' creative and innovative skills, the celebrations are aimed at increasing public understanding and awareness of the importance of IP


Sources: 

New Straits Times - Trademark, Copyright infringement still occur despite wider awareness of IP rights

Corporate Astro - Two individuals charged under Copyright (Amendment) Act for selling TV Boxes with unauthorised content

Astro hails IP High Court's decision on copyright infringement


Personal Comment: 

There have been way too many cases of selling TV boxes with unauthorised content, yet people continue to do so to cater to those who can't afford to purchase Astro's streaming package and are looking for cheaper options while offering similar services. Based on personal experiences, the times I've visited friends, relatives, and acquaintances, most of them own these TV boxes instead of Astro's Box. With the constant inflation, people not only disrespect IP rights but, in a way, they would like to support or enjoy these streaming apps and films with more affordable choices for entertainment. In this case, it is also crucial to understand the people's needs and situations overall to curb the problem of supporting the use of Android TV Boxes by offering discounts, shared packages and more.

- Nur Aina Nabiha

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