Open AccessTHE NEED FOR PUBLIC INTEREST DEFENCE IN COPYRIGHT LAW DURING THE INFORMATION TECHNOLOGY ERA
Author(s) -
Ahmad Shamsul Abd Aziz,
Nor Azlina Mohd Noor,
Khadijah Mohamed
Publication year - 2020
Publication title -
international journal of law, government and communication
Language(s) - English
Resource type - Journals
ISSN - 0128-1763
DOI - 10.35631/ijlgc.519008
Subject(s) - public interest , copyright act , public domain , fair use , fair dealing , copyright law , intellectual property , balance (ability) , law and economics , trips architecture , the internet , copyright infringement , law , business , internet privacy , political science , economics , engineering , computer science , medicine , philosophy , theology , world wide web , transport engineering , physical medicine and rehabilitation , good faith
In the age of information technology, copyright law contends with a new challenge. Owing to this, various challenges of regulating copyright infringement on the Internet need to be tackled. Copyright law has its intent in the public interest. Nevertheless, it should not forfeit the rights of the copyright owner. Therefore, a balance must be maintained in preserving copyright owners ' rights while, at the same time, the work can be used by the public. This is so as the public interest in Malaysia is not rendered as a special provision pertaining to entitlements under the Copyright Act 1987. Still, certain legal provisions in the Copyright Act 1987 include the term of public interest. In arguing the need to offer public interest in copyright law especially in the era of information technology, this article discusses the theory of public interest and the theory of information technology. Via library research, this article uses the legal research method. This article concludes that while there is no specific provision as regards the public interest in Copyright Act 1987, it does not in itself oppose Article 8 of the TRIPS Agreement because the public interest is being impliedly considered in the defense of copyright. Therefore, there is no need to create specific provisions as the current defenses of copyright are appropriate and the court may decide whether the use of such remedies is allowed or not.