Fair use factors and the expansion of the boundary of fair dealing in Malaysia

Abdul Ghani Azmi, Ida Madieha (2016) Fair use factors and the expansion of the boundary of fair dealing in Malaysia. In: Comparative Dimensions of Limitations and Exceptions in Copyright Law, 21-22 July 2016, NUS, Singapore. (Unpublished)

PDF - Submitted Version Restricted to Repository staff only Download (1MB) | Request a copy

Abstract

During the comprehensive copyright review in 2012, Malaysia incorporated the US four fair use factors into the copyright law. Unlike the Singapore 's approach, the four fair use factors are to be applied in determining the application of fair dealing for the specified purposes mentioned in the Act. Such move leads to a number of issues. First, are fair use and fair dealing concepts necessarily contradictory to each other? Or are they coterminous to each other? This paper seeks to draw a comparison between the factors taken into account by the UK courts in the determination of fair dealing and US courts in the proving of fair use with the idea of drawing commonalities between them. The paper further examines whether there are other relevant factors that are useful in the determination of legitimate use. In so doing, the paper hopes to arrive to a fair estimation as to how much have the fair use factors changed the landscape of legitimate uses in Malaysia.

Item Type:	Conference or Workshop Item (Invited Papers)
Additional Information:	810/53086
Uncontrolled Keywords:	Fair use, fair dealing, Malaysian copyright law
Subjects:	K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof. Dr Ida Madieha Abdul Ghani Azmi
Date Deposited:	06 Dec 2016 13:26
Last Modified:	06 Dec 2016 13:26
URI:	http://irep.iium.edu.my/id/eprint/53086

Actions (login required)

View Item