Mass Digitization of Copyrighted Works: Harmonizing the Orphan Work Solution in Malaysia

Nor Akhmal Hasmin, Nor Akhmal Hasmin, Najwa Azizun, Siti Marina Amit

2018

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.

Paper Citation

in Harvard Style

Hasmin N., Hasmin N., Azizun N. and Amit S. (2018). Mass Digitization of Copyrighted Works: Harmonizing the Orphan Work Solution in Malaysia.In Proceedings of the International Law Conference - Volume 1: i-NLAC, ISBN 978-989-758-482-4, pages 56-63. DOI: 10.5220/0010051300560063

in Bibtex Style

@conference{i-nlac18,
author={Nor Akhmal Hasmin and Nor Akhmal Hasmin and Najwa Azizun and Siti Marina Amit},
title={Mass Digitization of Copyrighted Works: Harmonizing the Orphan Work Solution in Malaysia},
booktitle={Proceedings of the International Law Conference - Volume 1: i-NLAC,},
year={2018},
pages={56-63},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010051300560063},
isbn={978-989-758-482-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the International Law Conference - Volume 1: i-NLAC,
TI - Mass Digitization of Copyrighted Works: Harmonizing the Orphan Work Solution in Malaysia
SN - 978-989-758-482-4
AU - Hasmin N.
AU - Hasmin N.
AU - Azizun N.
AU - Amit S.
PY - 2018
SP - 56
EP - 63
DO - 10.5220/0010051300560063