Copyright Act 1987 for Marketers: What You Can Reuse Online

1. What Does the Copyright Act 1987 Protect?

Quick Answer: The Copyright Act 1987 protects literary, musical and artistic works, films, sound recordings and broadcasts. That covers almost every marketing asset: copy, photos, logos, videos and jingles. Protection is automatic once the work is original and in material form. Ideas, methods and concepts on their own are not protected.

Section 7 of the Copyright Act 1987 (Act 332), published by MyIPO sets three tests that matter to marketers:

• Quality does not matter. Works are protected “irrespective of their quality” and purpose, so a quick phone photo is protected just like a studio shoot.
• Effort and material form. Enough effort must make the work original, and it must be written, recorded or saved in some form.
• Ideas are free. Copyright does not cover an idea or method as such. You can run a “before and after” campaign; you cannot copy someone’s actual before-and-after photos.

No registration is required. MyIPO does offer a voluntary notification under section 26A, which helps as evidence; our guide to copyright voluntary notification in Malaysia covers when it is worth doing.

2. Who Owns Content Your Business Pays For?

Quick Answer: Under section 26(2), copyright in work you commission, or that staff create in the course of employment, is deemed transferred to you, unless an agreement excludes or limits that transfer. Freelancer and agency contracts often do exactly that, so the contract decides who really owns your logo, photos and videos.

The default sounds generous to businesses, but it is fragile in practice:

• Standard terms can override it. Many designers keep copyright and grant only a licence to use the work.
• Stock elements stay licensed. If a designer built your banner from stock photos or a paid font, you inherit only the licence, not ownership.
• Moral rights remain. Section 25 lets authors object to being uncredited or to changes that harm their reputation, unless they consent.

Our guide on who owns your logo and ad creatives goes deeper on contract wording. Ownership also matters before you file a trademark, because the logo you register must be yours; see trademark registration in Malaysia.

3. Does Fair Dealing Cover Marketing Use in Malaysia?

Quick Answer: Rarely. Section 13(2)(a) allows fair dealing for purposes such as research, private study, criticism, review and news reporting, with credit to the title and author. Section 13(2A) then weighs whether the use is commercial. A product ad using someone else’s photo is commercial and promotional, so it usually fails.

Section 13(2A) lists four factors a court must consider:

1. Purpose and character. Including whether the use is commercial or for non-profit education.
2. Nature of the work. Creative photos and songs get stronger protection than factual material.
3. Amount used. A short quote is easier to defend than the whole article or image.
4. Market effect. If your use replaces a licence the owner could have sold, it weighs against you.

Marketing almost always scores badly on factors one and four. Malaysia also has no US-style “fair use” doctrine, so arguments copied from American YouTube videos do not carry over. The chart below is our illustrative reading of how common uses sit against those factors.

AI tools raise separate questions about who owns generated output; we cover that in is AI-generated content copyright-safe for marketing.

4. Which Other Copyright Exceptions Can Marketers Use?

Quick Answer: Three exceptions in section 13(2) are useful day to day: parody, pastiche or caricature; artworks permanently on public display, such as murals and sculptures; and incidental inclusion, where a work appears in the background by chance. Each is narrow and does not cover a work you deliberately feature.

• Parody, pastiche or caricature (s13(2)(b)). Gives room for humorous content, but it does not override trademark law, defamation rules or the legal risks of memes and celebrity photos, which also involve image and endorsement issues.
• Public artworks (s13(2)(c) and (d)). Filming in front of a mural or a public sculpture in a street is generally covered for artworks permanently in public view.
• Incidental inclusion (s13(2)(e)). A poster visible behind your presenter is fine. Choosing a song as your video’s soundtrack is not incidental.

Music is the most common trap here, because a track playing in a café during your shoot may be argued as incidental, while added background music never is. Our music licence guide for ads and social videos explains the licences you actually need.

5. What Can You Reuse Online for Your Marketing?

Quick Answer: You can reuse content you created, commissioned with a written assignment, or licensed for commercial use, plus short credited quotes for genuine review or news commentary. Search-engine images, popular music, other brands’ copy and customers’ posts all need permission or a licence before they go into ads or your website.

Each row has its own detailed guide. See using Google Images in ads safely, what a stock photo licence costs, consent rules for customer photos in ads and font licensing for websites. If you work with creators, put the usage rights into the influencer contract rather than relying on a friendly DM.

6. What Are the Penalties for Copyright Infringement in Malaysia?

Quick Answer: Owners can sue under section 37 for an injunction, damages, an account of profits, or statutory damages of up to RM25,000 per work, capped at RM500,000. Section 41 adds criminal offences for dealing in infringing copies and for removing electronic rights information, such as a photographer’s embedded credit data.

Most marketing disputes are civil: a demand letter, then a claim if it is not settled. The figures below come straight from the Act.

The Copyright (Amendment) Act 2022 (Act A1645) also added an offence for sharing access to an online location of works without authority, aimed mainly at illegal streaming. It is the latest amendment shown on MyIPO’s published text as at October 2026; check for newer changes before relying on these figures.

7. What If Someone Copies Your Content?

Quick Answer: The same Act protects you. Under section 43H, a copyright owner can notify a network service provider about an infringing copy, and the provider must remove or disable access within 48 hours. Platforms also run their own reporting tools. Keep dated source files to prove you created the work first.

Practical steps when a rival lifts your website copy or product photos:

1. Capture evidence. Screenshot the copy with the date and URL, and save your original files.
2. Ask for removal. A short written request often works.
3. Use platform reports. Search engines, marketplaces and social platforms have copyright forms.
4. Notify the host. Use the section 43H notice route if the content stays up.
5. Escalate. Speak to a lawyer if the copying is commercial and continuing.

Our step-by-step guide to copyright takedown steps in Malaysia covers each route in detail. If the copycat is also using your brand name, check your position with a trademark search in Malaysia, because trademark law may give you stronger tools.

8. Worked Example and Copyright Checklist for Your Next Campaign

Quick Answer: Before launch, list every asset in the campaign, note its source, and attach proof of ownership, licence or consent. Replace anything without proof. The check takes an hour for a typical SME campaign and removes the most common causes of takedowns and demand letters.

Illustrative example. A Klang Valley bakery plans a Hari Raya campaign: a landing page, three Meta ads and a TikTok video. The draft uses a cake photo from Google Images, a trending song, a font from a free font site, and a customer’s Instagram photo. The audit replaces the cake photo with their own shoot, swaps the song for a track from the platform’s commercial library, confirms the font licence covers web use, and gets the customer’s written consent for ad use. Total extra cost: one afternoon of photography.

Use this checklist for every campaign and website update:

• Asset register. Every image, video, track, font and block of copy listed with its source.
• Ownership proof. Written assignment from freelancers and agencies for commissioned work.
• Licence proof. Stock, music and font licences saved, with commercial and ad use confirmed.
• Consent proof. Written permission for customer and creator content used in ads.
• Credits kept. Photographer credits and embedded data left intact where required.
• Exceptions checked. Any quotes or screenshots limited to genuine review, criticism or news, with credit.
• Wider launch checks. Copyright sits alongside other website compliance, such as PCI DSS for small online stores and the consolidated e-invoice rule for online sales.

Original content is also simply better marketing. It ranks better than duplicated text and makes your brand recognisable, a point we make in building a personal brand as a marketer.

9. Conclusion

The Copyright Act 1987 is simple at its core: content belongs to whoever created it, protection is automatic, and fair dealing does not stretch to selling. For marketers, the safe path is original work, written assignments and saved licences. Use exceptions only for genuine review, criticism or news. MyIPO’s copyright awareness materials are a useful next read, and a lawyer should review any dispute or high-value campaign.

10. Frequently Asked Questions

1. Do I need to register copyright in Malaysia?

No. Under the Copyright Act 1987, protection is automatic once an original work is written down, recorded or otherwise put in material form. MyIPO offers a voluntary notification, which can help as evidence, but it is not required for protection.

2. Is it legal to use Google Images in my ads if I credit the source?

Usually not. Credit alone is not permission. Fair dealing requires credit and a purpose such as criticism, review or news, and paid advertising is commercial. Get a licence or permission from the owner, or use your own photos.

3. Does Malaysia have fair use like the United States?

No. Malaysia uses fair dealing under section 13 of the Copyright Act 1987. It lists purposes such as research, private study, criticism, review and news reporting, and weighs factors including whether the use is commercial.

4. Who owns a logo or video I paid a freelancer to make?

Section 26(2) deems copyright in commissioned work to be transferred to the person who commissioned it, unless an agreement excludes or limits that transfer. Check the freelancer’s terms and get a written assignment.

5. What is the penalty for copyright infringement in Malaysia?

Owners can claim an injunction, damages or profits, or statutory damages of up to RM25,000 per work, capped at RM500,000. Criminal penalties for dealing in infringing copies start at RM2,000 per copy, with jail of up to five years.