Handout to Teacher on piracy

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    SUNWAY UNIVERSITYMPW 1133/ 2133: MALAYSIAN STUDIES

    GROUP ASSIGNMENT

    TOPIC 11Pirated products have inundated the Malaysian markets and are causingmany problems not only to the original producers and manufacturer but

    also to the Malaysian economy.What are the impacts of piracy on the Malaysian economy, the

    producers, manufacturers and the film industry?Evaluate the legislative and other measures taken by the government tocounter these problems. Give further solutions for this problem.

    Presented by:

    Jonathan Heng FuqiangKoo Woei HongLeow Hui Sien

    Leow Teck ShengRegine Lee Sue Tine

    Seng Jing HanSoo Yee Ling

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    What is piracy?

    Piracy is the illegal replication of an originalrecording for commercial gain without the consent ofthe owner. It uses the copyright of the original

    publisher to make a gain.

    Piracy is a theft which leads to a loss to the ownersof the property . Besides economic loss, piracy alsoaffect the creative potential of a society as it deniesauthors and artists their legitimate dues.

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    What is copyright?The right to authorise the use of ones work in different ways.

    The permission or the right to copy.

    The emphasis is not so much on the right to copy but on theright to prevent others from unfairly taking advantageownership of the original owner of the copyright.

    In Malaysia, copyright protection is governed by the CopyrightAct 1987 which provides comprehensive protection for

    copyrightable works. The Act outlines the nature of workseligible for copyright (which includes computer software), thescope of protection, and the manner in which the protectionis accorded.

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    Piracy occurs when.

    falsify a registered trade markfalsely apply a registered trade markalter or remove a trade mark knowing it is a registered trademark

    make a die or equipment that can help in falsifying orremoving a trade marksell, possess, distribute or import a good, knowing that thetrade mark has been falsified or removedknowingly import, possess, sell, distribute or commercially

    deal with an infringing copyoffer for sale infringing copies of computer programstransmit a computer program to enable it to be copied whenreceived

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    Imposition of Law

    Piracy is a crime in Malaysia and is under theamended Malaysia Copyright Act 2003,offenders found guilty can be fined up to RM25000 for each copy of illegal software seizedand can be jailed for up to 5 years.

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    Types of Piracy

    Book -Illegal commercial photocopying and printing,reproduction of books and materials in digital form, as well asdistribution in hard copy or digital format

    Music -Unlawful and unauthorised use of musicSoftware -Unauthorised copying of computer softwareInternet (on-line) piracy-Unauthorised downloading ordistribution over the Internet of unauthorised copies of workssuch as movies, music and videogames

    Trademark and product piracy -Illegal use of signs,names, logos (brands) and business names that brandmanufacturers use to distinguish their products

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    Causes of PiracyCounterfeiters engage in imitations because it does not costthem as much time and finances as compared to the originalinnovators of the product.

    Counterfeiters do not create their own trends in the marketand face minimal market failure risks.

    There are high demands for a particular item or product thatis difficult or illegal to obtain.

    It is also due to weak enforcement of intellectual rights , highincome potential, lack of legal opportunities to gain wealth orincome, and even by a low level of awareness of the issue bythe public.

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    Impact of piracy on Malaysianeconomy

    Producers -The expectation of illegal copying maycause some products not to be marketed at all, thusthe loss of profits and royalties to rights holders thatwould have been earned had the product beencreated and brought to market

    Manufacturers -Domination of sales of illegallyduplicated copies as they are much cheaper

    Film industry -Loss of revenue to film companies,reduces output, profits and employmentopportunities

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    Actions taken by our government andthe public

    1) EnforcementContinued vigilance needed to legalize use ofsoftware in enterprisesResolve market access barriers.

    2) Legislation

    Case backlog to shows desirability for morespecialized IP courtsStrengthening the law of CopyrightAction taken by the public.

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    ReferencesInternational Intellectual Property Alliance (IIPA). (2014). INTERNATIONAL INTELLECTUALPROPERTY ALLIANCE (IIPA) 2014 SPECIAL 301 REPORT ON COPYRIGHT PROTECTION ANDENFORCEMENT. International Intellectual Property Alliance (IIPA).KRISHNASAMY, N. (2006). 12TH ABU COPYRIGHT COMMITTEE MEETING AND SEMINAR INBRUNEI ON 15 -17 MEI 2006.MPA-Canada. (17 February, 2011). MPA-Canada. Retrieved from Ipsos MediaCT: http://mpa-canada.org/press/IPSOS-OXFORD-ECONOMICS-Report_February-17-2011.pdf

    Standford University. (n.d.). Standford University. Retrieved from The Effect of Piracy:http://cs.stanford.edu/people/eroberts/cs181/projects/dvd-css/piracy.htmStrauss, K. (2014). Forbes. Retrieved from Forbes.com LLC:http://www.forbes.com/sites/karstenstrauss/2013/03/06/tv-and-film-piracy-threatening-an-industry/Strauss, K. (2014). Forbes. Retrieved from Forbes.com LLC:http://www.forbes.com/sites/karstenstrauss/2013/03/06/tv-and-film-piracy-threatening-an-industry/Yu, P. K. (2007). CAUSES OF PIRACY AND COUNTERFEITING IN CHINA. Guanxi: The ChinaLetter.

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    The End