5 Costly Risks Creators Face from Copyright Infringement

Whether you’re a songwriter, filmmaker, illustrator, photographer, or app developer — your creative work is your intellectual property. But in the digital age, protecting that work has become increasingly difficult. With the ease of online sharing, copying, and remixing, creators in Malaysia face rising risks of copyright infringement.

Many creators underestimate the legal, financial, and reputational costs associated with being the victim of infringement — or unintentionally infringing someone else’s work. Copyright law offers substantial protection in Malaysia, but enforcement requires awareness, action, and, in many cases, legal support.

Here are five costly risks every creator should understand when it comes to copyright infringement and what you can do to avoid them.

1. Loss of Income from Unauthorised Use

Financial loss is one of copyright infringement’s most immediate and damaging consequences. When someone uses your work without permission, you lose control over its commercial value. This includes missed income from:

• Licensing fees
• Royalty payments
• Publishing rights
• Content subscriptions or streaming revenues

Imagine you’re a photographer whose images are reused by a company in their marketing materials without consent. Not only do you lose out on licensing revenue, but your work is being monetised by others for free — which can be incredibly frustrating for freelancers and small content creators.

Even more concerning, infringing copies may spread across multiple platforms, reducing the exclusivity of your work and affecting future commercial opportunities. The longer the infringement goes unchallenged, the harder it is to recover full damages.

2. Difficulty Enforcing Rights Without Legal Protection

Copyright in Malaysia is automatic upon creation — registration is not required to obtain protection. However, in practice, it can be not easy to enforce your rights if you cannot prove:

• The originality of your work
• The date of creation or publication
• That you are the rightful owner

Many creators opt for voluntary copyright notification with MyIPO (Intellectual Property Corporation of Malaysia). Although not mandatory, this helps establish a verifiable ownership record, strengthening their legal position in court or during enforcement proceedings.

Without proper documentation, sending a credible cease and desist letter or filing a claim in the Intellectual Property High Court becomes harder. This can delay action — and increase your costs.

3. Reputational Damage from Misuse or Alteration of Work

While financial loss is painful, reputational damage can be just as harmful — and often longer lasting. When your work is used without permission, especially in contexts you disapprove of, it can harm your brand and artistic identity.

Examples include:

• Your music being used in offensive or inappropriate videos
• Your artwork being modified or distorted
• Your writing being plagiarised under someone else’s name

Such misuse can lead audiences to question your credibility, professionalism, or originality. For creators who rely on a strong public image or online following, this damage can translate into lost collaborations, publishing deals, or brand endorsements.

Once content is altered and distributed without your knowledge, it becomes challenging to restore complete control, especially in digital spaces where content spreads rapidly.

4. Expensive and Lengthy Legal Battles

Enforcing your copyright through the courts can be an effective remedy — but it’s not always quick or cheap. Civil claims for copyright infringement in Malaysia are typically filed in the Intellectual Property High Court, which handles complex intellectual property disputes.

The legal process involves:

• Gathering evidence of ownership and infringement
• Drafting legal pleadings
• Attending pre-trial case management sessions
• Arguing the case in court

Creators without legal representation may struggle to navigate these steps effectively. Worse still, infringers often raise defences such as “fair use,” joint ownership, or even counterclaims of infringement — all of which can prolong litigation and increase legal costs.

That’s why engaging a legal team early can help resolve disputes through pre-litigation strategies such as cease and desist letters, settlement negotiations, or mediation, potentially avoiding trial altogether.

5. Criminal Sanctions and Regulatory Action (If You Infringe)

While most creators are focused on protecting their work, avoiding infringing on others’ copyrights is essential — even unintentionally. In Malaysia, the Copyright Act 1987 imposes criminal liability for willful infringement, especially in commercial contexts.

Offences include:

• Selling pirated software, music, or movies
• Distributing copyrighted material without permission
• Using copyrighted images or soundtracks in business promotions
• Sharing large volumes of copyrighted content on public platforms

The Ministry of Domestic Trade and Cost of Living (KPDN) has enforcement powers to conduct raids, seize infringing materials, and prosecute offenders. Penalties include:

• Fines up to RM50,000 per infringing copy
• Imprisonment for up to 5 years
• Both (for repeat or aggravated offences)

Even creators using stock images, background music, or templates must ensure they are correctly licensed. Many copyright infringement cases arise from failure to read or comply with license terms.

Legal Framework Protecting Copyright in Malaysia

Copyright protection in Malaysia is primarily governed by the Copyright Act 1987, which has recently been amended to address digital infringement. Malaysia is also a signatory to international treaties like the Berne Convention and TRIPS Agreement, offering some protection abroad.

Works protected include:

• Literary works (books, scripts, articles)
• Musical works and sound recordings
• Artistic works (photography, graphic design, paintings)
• Films and broadcasts
• Software and multimedia

The enforcement of copyright is handled by:

• MyIPO – for copyright notification and advisory
• KPDN – for raids, investigations, and criminal prosecution
• Civil courts – for infringement lawsuits, damages, and injunctions

How CY Wong Ng & Partners Can Help

CY Wong Ng & Partners offers specialised legal services to help creators and businesses protect their intellectual property. Our copyright services include:

• Copyright advisory – Understand your rights and responsibilities
• Voluntary copyright notification – Strengthen your enforcement strategy
• Cease and desist letters – Assert your ownership and demand removal
• Civil litigation – File claims for damages and injunctions
• Commercialisation agreements – Draft and review licensing or assignment contracts
• Defence against wrongful claims – Protect yourself from unfounded infringement allegations

Whether you’re an individual creator or a growing content-based business, we help you build a solid legal foundation for your creative assets.

Conclusion – Protect Your Work Before It Costs You More

Copyright infringement can cost creators much more than money — it affects your reputation, control, and peace of mind. By understanding these five costly risks, you can proactively protect your intellectual property and enforce your rights when necessary.

Let’s recap the five key risks:

1. Loss of income from unauthorised use
2. Weak enforcement ability without registration or evidence
3. Reputational harm from unauthorised modifications
4. Costly legal proceedings in civil court
5. Criminal liability if you unknowingly infringe others’ rights

Need Legal Help?

If your creative work has been copied, used without permission, or misrepresented — or if you want to prevent future infringement — contact CY Wong Ng & Partners today. Our intellectual property lawyers are ready to help you protect what you’ve created and enforce your legal rights.

FAQ

1. What is copyright, and what does it protect in Malaysia?

Copyright is a legal right granted to creators for their original works, such as books, music, films, software, artwork, and more. In Malaysia, it protects against unauthorised reproduction, distribution, performance, or adaptation of these works.

2. Do I need to register my copyright with MyIPO for protection?

No. Copyright protection is automatic upon creation in Malaysia. However, voluntary notification with MyIPO is strongly recommended as it provides formal evidence of ownership, which is helpful in legal disputes.

3. What can I do if someone uses my work without permission?

You can:

• Issue a cease and desist letter
• Negotiate a settlement or licensing fee
• File a civil lawsuit in the Intellectual Property High Court
• Complain with the Ministry of Domestic Trade and Cost of Living (KPDN) if it involves commercial infringement

4. What damages can I claim in a copyright infringement case?

You may be entitled to:

• Monetary compensation for actual loss and loss of profit
• Injunctions to stop further use
• Destruction of infringing copies
• Legal costs and, in some cases, a public apology

5. Can I take legal action if I haven’t registered my work?

Yes, but enforcement may be more difficult without documentation. Voluntary copyright notification, timestamps, contracts, and creative drafts can help establish your ownership in court.

6. What is the penalty for copyright infringement in Malaysia?

For criminal infringement, penalties under the Copyright Act 1987 may include:

• Fines up to RM50,000 per infringing copy
• Imprisonment for up to 5 years
• Or both, especially in commercial cases

7. What if I unknowingly used copyrighted material in my work?

Unintentional infringement may still lead to legal consequences, especially in commercial contexts. Always ensure you have a valid license or use royalty-free or public domain content with clear terms.

8. Can I sue someone overseas for using my work online?

Possibly, depending on the country and whether Malaysia shares reciprocal copyright protection through international treaties like the Berne Convention. Enforcement may require local legal representation in the infringer’s jurisdiction.

9. How can CY Wong Ng & Partners assist with copyright issues?

We offer:

• Legal advice and copyright protection strategies
• Drafting and issuing legal notices
• Filing lawsuits and negotiating settlements
• Reviewing licensing and commercialisation agreements
• Defence against wrongful infringement claims

10. How do I prevent my work from being stolen online?

You can:

• Use copyright notices and watermarks
• Register through voluntary notification with MyIPO
• Monitor the internet for unauthorised use
• Work with a law firm to issue prompt takedown requests or legal action