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Section 7 of the Copyright Act 1987 (“CA 1987“) governs the works which are eligible for copyright.

Generally, the following works are eligible for copyright:

“(a) literary works;

(b) musical works;

(c) artistic works;

(d) films;

(e) sound recordings; and

(f) broadcasts.”

The CA 1987, in Section 3 specifically, defines “literary works”, “musical work”, “artistic work”, “sound recording”, and “broadcast.”

Interestingly, Section 7(3) of the CA 1987 provides that items (a) to (c) above are not eligible for copyright unless:

“(a) sufficient effort has been expended to make the work original in character; and

(b) the work has been written down, recorded or otherwise reduced to material form.”

In Dura-Mine Sdn Bhd v Elster Metering Ltd & Anor [2015] 3 MLJ 1, at paragraph 22, the Federal Court made it clear that:

“… originality in this context means the same as before 1987, that is, that while the artistic work must be original, yet originality in the context of copyright does not mean that the work must be in an original or novel form. To be original, the work must originate from the author …” (Emphasis ours)

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