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Someone used your work without asking

Before anything else, check that you own it. Most of these come apart on ownership rather than on the copying, and s.26(2) of the Copyright Act is usually why. Once that's settled, the question is whether this is infringement, passing off, or neither.

Intellectual property rightsSocio-economic rights
Narrow it down
The chain

What reaches you, and in what order

01

Copyright Act 1987

Act 332

Copyright arises without registration, but there is a register: Voluntary Notification under s.26A puts your claim on the Register of Copyright, and a certified extract is prima facie evidence of ownership admissible in court. If you never notified, your evidence is files, dates and drafts, and a statutory declaration of ownership under section 42.

I made the workI have been accused
02

Trademarks Act 2019

Act 815

If what was taken is a name, a logo or a get-up rather than a work, this is trademark territory, or passing off if you never registered. Different test, different remedy.

I made the workI have been accused
03

Industrial Designs Act 1996

Act 552

If it is the shape or ornament of a mass-produced article, registration under this Act is the protection. Check section 13B of the Copyright Act first: twenty-five years after articles made to the work were first marketed, the copyright you were relying on no longer stops copying.

I made the work
04

Contracts Act 1950

Act 136

If there was ever a brief, a quote or a deal, the stronger claim is often breach of contract rather than infringement. It is easier to prove and the damages are easier to calculate.

I made the workI have been accused
05

Specific Relief Act 1950

Act 137

An injunction to stop the use is usually what you actually want, and damages are usually not enough. This is the Act that gives it.

I made the work
06

Collecting societies

Licensing bodies

If the use is music being performed or broadcast, the practical route is usually the licensing body and its tariff rather than a claim of your own. A dispute about a licensing scheme or the terms of a licence goes to the Copyright Tribunal; your own infringement action under section 37 is not displaced by it.

I made the work
07

Communications and Multimedia Act 1998

Act 588

For online use, the platform takedown route, and s.233 where the use is abusive rather than commercial.

I made the work
08

Online Safety Act 2025

Act 866

Platform duties give a second removal route that does not need a court.

I made the work
09

Trade Descriptions Act 2011

Act 730

Where the copy is being sold as goods under your registered mark, the criminal route is Part XV of the Trademarks Act 2019, enforced by the Ministry of Domestic Trade. If the falsity is about the goods rather than the mark, the Trade Descriptions Act 2011 applies instead. Both carry criminal penalties.

I made the work
10

Defamation Act 1957

Act 286

If the use also misrepresents you or damages your reputation, that is a separate claim with its own defences.

I made the workI have been accused
11

Stamp Act 1949

Act 378

Stamp within thirty days of execution. Late stamping costs you the unpaid duty plus, under s.47A, RM50 or ten per cent of the deficient duty (whichever is greater) if you fix it within three months of the deadline, and RM100 or twenty per cent (whichever is greater) after that. Since 1 January 2026 most arts agreements fall in Phase 1 of the stamp duty self-assessment system, which means you assess and pay through MyTax yourself and can be audited on it afterwards. LHDN has waived certain 2026 penalties for getting the self-assessed return wrong, but that waiver does not touch late stamping, so an old unstamped agreement is still a full-penalty problem.

I made the work
12

Limitation Act 1953

Act 254

Six years from when the cause of action accrued, which for infringement is the date of the infringing act, not the date you found out. Section 29 only postpones time where the claim is based on the other side's fraud, where they concealed the claim by fraud, or where you are seeking relief from a mistake. Simply not knowing is not enough, so date-stamp your discovery and take advice early rather than assuming the clock has not started.

I made the work

The one people miss

Send nothing before you have settled ownership. A letter of demand from someone who turns out not to own the work is worse than silence, and s.26(2) means that happens often.

Who this is for
Visual artsMusicFilm & TVLiterature, writing & publishingFashion & craftContent creationDigital & mediaPerforming arts
Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

Please do not act, or decide not to act, on the strength of this page alone. Take advice from an advocate and solicitor on your own facts. To the extent permitted by law, ALIM and its contributors accept no liability for any loss arising from reliance on this page.

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