Authors:
Nor Akhmal Hasmin
1
;
2
;
Najwa Azizun
1
and
Siti Marina Amit
1
Affiliations:
1
Faculty of Law, University Teknologi MARA, Malaysia
;
2
PhD Candidate in Faculty of Law Universiti Kebangsaan Malaysia
Keyword(s):
orphan works, copyright, digitization, Industrial, Revolution.
Abstract:
In the era of fourth industrial revolution, institution such as library, archive and museum around the world has embarked on digitization process in displaying, storing, arranging and even preserving their collection by using latest technologies. However, due to the complexity of the copyright law, digitization activity could not be continued when the copyrighted works is classified as orphan works. Digitization of orphan works without the consent of the lawful owner is amounting to unauthorised use. The elaboration of this paper is to analyse the extent of orphan works problem in Malaysia that has defeated the dissemination of knowledge and creativity through digitization. To analyse the issue, this paper employs doctrinal research design and reference is made to the current legal position concerning orphan in the European Union under the EU Directive on Orphan Work and the United Kingdom Copyright, Patent and Design Act 1988. Finding indicates that, there is a gap in the Copyright
Act 1987 that hinders effective digitization activity of copyrighted works. This article also would like to suggest some improvement on the existing law as to encourage digitization activity but at the same time protecting the interest of the owner of the orphan works.
(More)