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Greenlight Recording Sdn. Bhd. (the company) is a recording company that owns numerous musical compilations from various Malaysian artists. Their songs are played by radio stations in Malaysia as well as foreign radio stations via licensing agreements. It has come to the knowledge of the company that about 50% of their songs have been uploaded and downloaded on the internet onto a site hosted in Johor, by a group of Malaysian students who identify themselves as “Music for the future”. Hana is a part time photographer who was recently engaged by the company to take the photographs of Malaysian artists whose songs have been uploaded and downloaded by “Music for the future”. After the photoshoot session has been completed, Hana asserts that she has the ownership of the copyright over the photographs. Advise the company regarding these situations.

Question

Greenlight Recording Sdn. Bhd. (the company) is a recording company that owns numerous musical compilations from various Malaysian artists. Their songs are played by radio stations in Malaysia as well as foreign radio stations via licensing agreements. It has come to the knowledge of the company that about 50% of their songs have been uploaded and downloaded on the internet onto a site hosted in Johor, by a group of Malaysian students who identify themselves as “Music for the future”. Hana is a part time photographer who was recently engaged by the company to take the photographs of Malaysian artists whose songs have been uploaded and downloaded by “Music for the future”. After the photoshoot session has been completed, Hana asserts that she has the ownership of the copyright over the photographs. Advise the company regarding these situations.

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Solution

The situation you described involves two main issues: copyright infringement by "Music for the future" and the ownership of the photographs taken by Hana.

  1. Copyright Infringement by "Music for the future": Under the Malaysian Copyright Act 1987, the company, as the owner of the musical compilations, has exclusive rights to control the reproduction and distribution of their works. If "Music for the future" is uploading and downloading the company's songs without permission, they are likely infringing on the company's copyright. The company can take legal action against them, which may include filing a lawsuit for copyright infringement.

  2. Ownership of the Photographs: The issue of copyright ownership for the photographs taken by Hana depends on the terms of her contract with the company. If there was no specific agreement about copyright ownership, under the Malaysian Copyright Act, the photographer is typically the first owner of the copyright. However, if there was an agreement that the company would own the copyright of the photographs, then the company would be the copyright owner. It's important for the company to review the terms of their agreement with Hana to determine the ownership of the copyright.

Please note that this advice is general in nature, and the company should seek legal advice for their specific situation.

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