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Liberating orphan works from the copyright orphanage: the Malaysian perspective
Muhamad Helmi Muhamad Khair1, Haswira Nor Mohamad Hashim2.
Orphan works are works that are still protected by copyright and whose owners cannot be
identified or located by prospective users for copyright clearance. Many countries have addressed this
issue since the emergence of the problem, and it remains a legitimate subject of inquiry in this present
day. However, Malaysia is yet to initiate public consultations and formulate legislative and nonlegislative solutions to the orphan work problem. Hence, this paper aspires to underline the challenges
and obstacles in exploiting the orphan works in Malaysia. It starts with a brief introduction to the orphan
works problem and its causes. It further highlights the legal and policy uncertainties about the orphan
work phenomenon in Malaysia and its implication to higher learning education. Besides, this paper also
examines the current practices in the United Kingdom and Canada. Finally, this paper proposes some
suggestions into what Parliament and policymakers have to do and avoid when solving Malaysia's
orphan work phenomenon. It is hoped that the access to the orphan works in Malaysia would not be
problematised, thereby liberating them from the copyright orphanage.
Affiliation:
- Universiti Teknologi MARA, UiTM Shah Alam Campus, 40450 Shah Alam, Selangor, Malaysia, Malaysia
- Universiti Teknologi MARA, UiTM Shah Alam Campus, 40450 Shah Alam, Selangor, Malaysia, Malaysia
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Indexation |
Indexed by |
MyJurnal (2021) |
H-Index
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2 |
Immediacy Index
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0.000 |
Rank |
0 |
Indexed by |
Scopus 2020 |
Impact Factor
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CiteScore (0.5) |
Rank |
Q4 (Education) |
Additional Information |
SJR (0.198) |
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