Copyright in the Internet with reference to Malaysia

Abstract

This thesis examines selected legal issues of copyright law in respect of the internet. The thesis focuses on Malaysian and UK Copyright law concerning; accessing web pages; linking; framing and caching. Since the internet is in use globally, law at an international, regional and national level have been examined in order to find solutions to these selective issues. At the regional level, European Union law is analysed. The Information Society Directive covers two of the selected issues (accessing web pages and caching). However there are still gaps in the Information Society Directive regarding the two other issues of framing and linking. In UK Copyright law, since the UK has implemented the Information Society Directive, a new section has been added to the Amendment Act, which covers accessing web pages and caching, but the UK Statutes do not expressly cover framing and linking. However, linking may be allowed under the general rule of implied licence. The Malaysian Copyright (Amendment) Act of 1997 has provided for the internet where a new section has been created that is the right to control the communication of copyright works to the public. However, there is no specific legislative provision on transient copies (accessing web page and caching) under this Act. However, accessing web pages may be covered under another provision which permits copies to be made in any form or version. Caching however is provided for under another provision. In the USA, provision on safe harbour provides the ISP with protection against action of infringement. The US Copyright law covers all the selected issues except framing. The conclusion reached in this thesis is that Malaysian law provides legislative solutions only for some of the selected copyright issues in respect of the internet but, in general, it is still inadequate and needs to be improved.