Mohd Noor, Nor Azlina and Abd Aziz, Ahmad Shamsul and Mohd Noor, Nor Adila (2024) The status of works with copyright after the death of the owner': legal perspective in Malaysia'. Journal of Islamic, Social, Economics and Development (JISED), 9 (60). pp. 69-74. ISSN eISSN: 0128-1755
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Abstract
A copyrighted work may be defined as a work produced by an inventor such as literary works, musical works and film works as stipulated under section 7(1) of the Copyright Act 1987. The ownership of the copyrighted work that is part of the owner's property is much discussed during the life of the owner. However, the issue of ownership of the copyrighted work after the death of the owner is rarely discussed. There is a misconception among the community that any copyrighted work will become public or public domain after the death of its owner. The issue of concern is that after the death of the owner, who will own the copyrighted work and how long will the work be protected. This article used the legal qualitative methodology in the form of a library study. Data was obtained from analysis made on a number of legal provisions available in Malaysia and related journals. This article summarizes that, the rights of the owner of the copyrighted work can be inherited and become the estate of the deceased. However, the provisions under the Copyright Act 1987 should be read together with the relevant laws on estate administration. Copyright ownership after the death of the owner is still subject to the principles under the Will Act 1959 and the Distribution Act 1958 for non-Muslims and limitations in the enactment of wills and faraid laws for Muslims. There is a need to refine the existing legal framework to resolve some of the legal constraints that exist to protect the rights of the owners that can be inherited by the heirs after their death
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Work, copyright, succession, law, Malaysia |
| Subjects: | K Law > K Law (General) |
| Divisions: | School of Law |
| Depositing User: | Mr. Izhar Hj. Hashim |
| Date Deposited: | 09 Nov 2026 14:26 |
| Last Modified: | 09 Nov 2026 14:26 |
| URI: | https://repo.uum.edu.my/id/eprint/34938 |
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