The Impact of the Copyright (Amendment) Act 2022 in Reviving the Malaysian Film Industry

 


Already in 2022, yet the crime of piracy still exists in society, regardless of whether it is a content provider or a user of digital pirated content. Each of them has not yet developed self-awareness because previously the punishment imposed was not so commensurate with the crime committed.



Therefore, the Copyright (Amendment) Act 2022 was enacted on 10 February and this act was updated with some content that is important to the content copyright landscape in Malaysia. The purpose of this updated act is to curb this crime of piracy from becoming rampant, regardless of whether it involves the sale, distribution or supplier of illicit streaming devices (ISDs) or even application platforms that allow the public to access content illegally.


The crime of piracy was previously committed in the form of VCD or DVD only, but this crime has also to some extent changed towards digital piracy content in line with the transition of the world of technology. Therefore, the Copyright Act 1987 was updated in line with the passage of time to the Copyright (Amendment) Act 2022.



According to Tuan Abdul Haris Haji Lakar, the Director General, Malaysian Intellectual Property Corporation (MyIPO), the update of the act is aimed at combating piracy in digital form and at the same time give awareness to the public to use the right medium to avoid involved in the crime of content abuse. So MyIPO recommends that all intellectual property owners register patents, trademarks, designs and any other creative work so that their work can be fully protected and get the special benefits provided by the Intellectual Property Law.



This statement was also supported by Tuan Haji Azman Adam, Director of Enforcement, Ministry of Domestic Trade and Consumer Affairs (KPDNHEP). He stated that the implementation and updating of this act to some extent can protect copyright owners and they will continue to investigate so that this crime can be completely eradicated.


He also urged traders and other organizations to conduct their business ethically. So, anyone with information regarding the misuse of this content can make a complaint to 1-800-886-800, make a report to the Enforcement Instruction Center at 03-8882 6088/6245, WhatsApp 019-279 4317 / 019-848 8000, email to e-aduan@kpdnhep.gov.my or also through the ezAdu application.


As an advocate and solicitor with experience in the field of intellectual property (IP) law for more than 30 years, Kherk Ying Chew said the update to the act should have been done a long time ago. This new amendment provides an advantage for copyright owners who previously only filed civil suits against sellers of illegal streaming devices (ISDs) under the Malaysian Copyright Act 1987.


With this new provision, the impact will be more comprehensive. It is divided into two. The first is in terms of ISD sales, importation and promotion activities such as TV boxes for the use of viewing pirated content. The second is the activity of distributing and sharing applications, websites and links by individuals through any social media platform that allows access to pirated content. Both are not safe to use, as it is a criminal offense.


Stream Video Record

In fact we all know, there are those who prefer to watch movies through illegal streaming platforms. This is because they do not want to spend money on paid content but prefer to watch it on illegal streaming platforms for free. If it continues, this crime will have a devastating impact on the entertainment industry.


This is very worrying because it has an impact on the Malaysian economy in the long run. This crime of piracy will cause the film industry to decline as the people themselves do not support local works by going to watch them in cinemas or even on legitimate paid platforms.



Therefore, Professor Dr. Md. Nasir Ibrahim as the Chief Executive Officer, Malaysian National Film Development Corporation (FINAS) strongly supports the initiative to combat this crime and he will also cooperate so that the Malaysian film industry can be saved.


He also stated that each publication will be given an approval license from FINAS under Act 244 Section 24 (1) and anyone who violates it will be fined under section 25 (1) or Act 244 or compounded under Section 26K (1) of the same act. This means, each publication will be given a license to determine who the film is in the possession or custody of. So, for anyone who distributes someone’s work without any consent of its owner or the organization that maintains its copyright, appropriate action will be taken.



Encik Zahrin Aris, as the Honorary Secretary, Malaysian Film Producers Association (PFM) said, there is a lot of hard work that has been done behind the production of a film that is not seen by consumers. This involves various types of careers such as scriptwriters, songwriters, musicians, artists, vendors and all the individuals that enable the industry to function well. If local works are not protected, it will disrupt the entire ecosystem. Therefore, the update of the Copyright (Amendment) Act 2022 which focuses on digital affairs is indeed timely to strengthen the enforcement of copyright law in Malaysia.


Conclusion

The entertainment industry is among those affected by this digital piracy crime. They suffer millions of dollars in losses due to individuals misusing content copyright and in turn causing them to lose their jobs. Businesses that sell creative works legally will also be hit hard as market prices have been affected by the distribution of digital pirated content.


This will then cause the Malaysian entertainment industry to have to increase their market prices to cover the losses that have occurred due to this crime of piracy. Therefore, the Copyright (Amendment) Act 2022 is very important to the entertainment industry in ensuring that their copyrights are protected. So, anyone involved and found guilty such as selling illegal streaming devices will be fined up to RM200,000, jailed for up to 20 years or both. Authorities are already doing their job to curb this problem. Now, it is all up to us as consumers to help the Malaysian entertainment industry by watching or subscribing to content from legitimate platforms.

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