Tutorial Question (Vinesha A/P Selvarajah TP025951) Alan had recently attended performance at the Istana Budaya.

During the show, Alan had used his mobile phone to record the performance then made several copies of the recording in the form of compact disc and distributed around. According to the problem statement above, it is clear that the act of Alan is closely related as piracy and thus had infringed the Copyright Act 1987. The Copyright Act 1987 which came into force on 1st December 1987 is aimed to protect a wide variety of work and in essence reserves to the copyright owner the right to make copies of the work and to authorize the making of copies as well as control other acts of exploitation for a specific duration. Since then many amendments had been made effect in 1990 to 2003. As stated in the act, the copyright work is infringed when a person other than the copyright owner reproduces in any material form or distributes it to the public. Contrasting Alans act, Alan certainly infringed the copyright work because he had reproduced the performance recording and distributed it around without the consent or the grant of the copyright owner. Copyrights need not be registered, it is wise that one in need protecting his work to put a copyrighted text in their works. In this case, it was a live performance, thus the copyright is given directly to the performers or if there is a form of organization who organize the performance or in case the performers work for a legal registered company then the copyright goes to the owner of the company. If at all Alan had seek the owner of copyrights and granted a permission in the writing form of assignment and license, then Alan is free from infringing the Copyright Act 1987. In this case, he had not seek for any form of license or assignment from the copyright owner, thus Alan can be suit by the copyright owner in the High Court and the damages may include financial compensation or restraining order as well as fines and even imprisonment. If Alan is found guilty, he can be fined of a minimum fine of RM2000 per infringing copy.