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Creative unions, guilds key to protecting Malaysian artists

24 Sep 2025, 9:47 AM
Creative unions, guilds key to protecting Malaysian artists

SHAH ALAM, Sept 24 — Malaysia’s creative economy needs stronger intellectual property (IP) literacy and support systems like unions or guilds to help creators protect their rights, said legal and industry experts.

International Islamic University Malaysia’s Ahmad Ibrahim Kulliyyah of Laws dean Prof Ida Madieha Abdul Ghani Azmi said the challenge lies less in legislation than in implementation.

“We try too hard to adopt global standards, but we do not go down to the ground and see whether the law is effective. The most important thing is that the law is accepted and easily used by the community. 

“What we need is IP literacy, a real understanding of how to protect our own works,” she said during the Beyond Ownership forum in conjunction with the Selangor Creative Economy Expo 2025 at the MBSA Convention Centre today.

Ida added that proper IP management is crucial to securing benefits for heirs. 

“Remember, copyright protection lasts for a lifetime plus 50 years. Your heirs can benefit from your work, but if it is not managed properly, they will get nothing — zero,” she emphasised.

Ida noted that guilds could also help small businesses and solo entrepreneurs handle contracts and disputes. 

“A big company like Les' Copaque may have in-house lawyers, but for entrepreneurs in the creative industry, you might be on your own. You need a support group to guide you in protecting your rights,” she said.

For Les’ Copaque Production, the studio behind local animated television series Upin & Ipin, IP serves as the backbone of the business. 

Its creative content director Nur Naquyah Burhanuddin said creators should register their work as soon as it shows commercial promise. 

She recalled how Ikea lost the right to use its brand name in Indonesia after a legal battle with a local company that claimed the trademark. 

Visitors looking at several handbags on display at a booth during the Selangor Creative Economy Expo 2025 at the Shah Alam City Council Convention Centre in Section 14, Shah Alam, on September 24, 2025.

“We (Les’ Copaque) registered everything — the name, designs, and even the theme song — before launching in Indonesia (to avoid facing similar legal troubles),” Naquyah said, while acknowledging that the counterfeiting of their merchandise remains a major challenge.

“We know our factory is in China. We ordered one container, but they made three. The other two containers are sent to other countries,” she said.

Instead of endless lawsuits, the company sometimes resolves matters by offering copycats licensing deals. 

“We talk to them and ask, why not become our official supplier? We get the product, and you get the business from the sales, and we do not have to sue each other,” Naquyah said.

She stressed that contracts are as critical as registration, urging creators to carefully review whether agreements involve a one-time payment that transfers ownership or allow them to retain control.

From the government's perspective, Intellectual Property Corporation of Malaysia (MyIPO) Copyright Division assistant director Zulhilmi Aizat Ahmad Jaffri reminded creators that copyright only protects expression in tangible form.

“Copyright does not protect an idea itself, but it protects the idea once it is expressed in a tangible or material form. 

“The protection period begins as soon as your work is fixed, lasting for your entire life and continuing for 50 years after your death,” he said.

MyIPO offers a fast-track option that allows creators to get a copyright certificate within the same day for RM200. 

“That certificate is proof that you are the owner and creator. In court, the certificate of copyright from MyIPO will act as prima facie evidence. The concept is simple: the first to file wins,” Zulhilmi said.

A booth operator selling decorative flower bouquets responds to an inquiry during the Selangor Creative Economy Expo 2025 at the Shah Alam City Council Convention Centre in Section 14, Shah Alam, on September 24, 2025.
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