The principle of fair dealing in light with the copyright Act: a comparative study between Malaysia and the United States / Nurus Sakinatul Fikriah … [et al.]

This research has been conducted to analyse the existing legal framework in Malaysia governing the fair dealing principle where, special references have been made to the legal position in the United States of America. The research aims to examine the adequacy of Malaysian law regarding the defence o...

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Main Authors: Fikriah, Nurus Sakinatul, Dahalan, Faeezatul Fadillah, Rohaizan, Nur Aliah, Sam Kamaruddin, Nurul Atiqah
Format: Student Project
Language:English
Published: 2013
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/31517/
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author Fikriah, Nurus Sakinatul
Dahalan, Faeezatul Fadillah
Rohaizan, Nur Aliah
Sam Kamaruddin, Nurul Atiqah
author_facet Fikriah, Nurus Sakinatul
Dahalan, Faeezatul Fadillah
Rohaizan, Nur Aliah
Sam Kamaruddin, Nurul Atiqah
author_sort Fikriah, Nurus Sakinatul
building UiTM Institutional Repository
collection Online Access
description This research has been conducted to analyse the existing legal framework in Malaysia governing the fair dealing principle where, special references have been made to the legal position in the United States of America. The research aims to examine the adequacy of Malaysian law regarding the defence of fair dealing with regard to copyright infringement. Presumably, this defence has been criticized for its failure to balance the rights between the owner of the copyright and the user, and to scrutinize the recent amendment to fair dealing in Malaysia's provision which has adopted the four- factor test from US's fair use provision in providing guidelines to the court in determining the use of another's work as a fair use or vice versa. Fair dealing in Malaysia is said to be inflexible and too rigid in deciding whether certain use by the user over the author's work can made the user liable for infringement even the use is still within the context of educational and non-profit purposes. Admittedly, the rating of cases on fair dealing in Malaysia may seem insignificant compared to other countries, but we seek for our country to take the lead in perfecting the people's need, be it from the smallest issue to the biggest. Therefore, several recommendations which have been acquired during this research and the input from the experts in this matter have been laid out in hope that they could fill the gaps in the knowledge on the current laws governing fair dealing in Malaysia.
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format Student Project
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institution Universiti Teknologi MARA
institution_category Local University
language English
last_indexed 2025-11-14T22:48:16Z
publishDate 2013
recordtype eprints
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spelling uitm-315172020-07-02T01:23:26Z https://ir.uitm.edu.my/id/eprint/31517/ The principle of fair dealing in light with the copyright Act: a comparative study between Malaysia and the United States / Nurus Sakinatul Fikriah … [et al.] Fikriah, Nurus Sakinatul Dahalan, Faeezatul Fadillah Rohaizan, Nur Aliah Sam Kamaruddin, Nurul Atiqah Copyright This research has been conducted to analyse the existing legal framework in Malaysia governing the fair dealing principle where, special references have been made to the legal position in the United States of America. The research aims to examine the adequacy of Malaysian law regarding the defence of fair dealing with regard to copyright infringement. Presumably, this defence has been criticized for its failure to balance the rights between the owner of the copyright and the user, and to scrutinize the recent amendment to fair dealing in Malaysia's provision which has adopted the four- factor test from US's fair use provision in providing guidelines to the court in determining the use of another's work as a fair use or vice versa. Fair dealing in Malaysia is said to be inflexible and too rigid in deciding whether certain use by the user over the author's work can made the user liable for infringement even the use is still within the context of educational and non-profit purposes. Admittedly, the rating of cases on fair dealing in Malaysia may seem insignificant compared to other countries, but we seek for our country to take the lead in perfecting the people's need, be it from the smallest issue to the biggest. Therefore, several recommendations which have been acquired during this research and the input from the experts in this matter have been laid out in hope that they could fill the gaps in the knowledge on the current laws governing fair dealing in Malaysia. 2013 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/31517/1/31517.pdf Fikriah, Nurus Sakinatul and Dahalan, Faeezatul Fadillah and Rohaizan, Nur Aliah and Sam Kamaruddin, Nurul Atiqah (2013) The principle of fair dealing in light with the copyright Act: a comparative study between Malaysia and the United States / Nurus Sakinatul Fikriah … [et al.]. (2013) [Student Project] (Unpublished)
spellingShingle Copyright
Fikriah, Nurus Sakinatul
Dahalan, Faeezatul Fadillah
Rohaizan, Nur Aliah
Sam Kamaruddin, Nurul Atiqah
The principle of fair dealing in light with the copyright Act: a comparative study between Malaysia and the United States / Nurus Sakinatul Fikriah … [et al.]
title The principle of fair dealing in light with the copyright Act: a comparative study between Malaysia and the United States / Nurus Sakinatul Fikriah … [et al.]
title_full The principle of fair dealing in light with the copyright Act: a comparative study between Malaysia and the United States / Nurus Sakinatul Fikriah … [et al.]
title_fullStr The principle of fair dealing in light with the copyright Act: a comparative study between Malaysia and the United States / Nurus Sakinatul Fikriah … [et al.]
title_full_unstemmed The principle of fair dealing in light with the copyright Act: a comparative study between Malaysia and the United States / Nurus Sakinatul Fikriah … [et al.]
title_short The principle of fair dealing in light with the copyright Act: a comparative study between Malaysia and the United States / Nurus Sakinatul Fikriah … [et al.]
title_sort principle of fair dealing in light with the copyright act: a comparative study between malaysia and the united states / nurus sakinatul fikriah … [et al.]
topic Copyright
url https://ir.uitm.edu.my/id/eprint/31517/