02/12/2024
Recreation (or derivative work) refers to the act of adapting, imitating, or quoting existing works and adding creative elements. According to Section 8 of the Malaysian Copyright Act 1987, derivative works are protected under the following conditions:
1. Translations, adaptations, and arrangements: These are various forms of modifications and transformations of existing works, provided the original works are eligible for copyright protection.
2. Collections of works or data: These collections, whether in machine-readable form or other formats, are protected if they constitute intellectual creation through the selection and arrangement of their contents.
Additionally, Section 8 states that the protection of derivative works does not affect the protection of the original works. This means that even if derivative works are protected by copyright, the copyright of the original works remains valid, and the rights of the original creators are not compromised.
When publicly releasing derivative songs, the following situations may infringe on others' copyrights:
1. Unauthorized use of the original song: Using someone else's musical work (such as melody, lyrics, arrangement) without permission constitutes infringement.
2. Adapted works: Adapting someone else's musical work (such as rearranging or rewriting lyrics) without permission also infringes copyright.
3. Sampling: Using fragments of someone else's musical work in your own without permission is considered infringement.
To avoid these issues, it is advisable to consult a copyright advisor before creating derivative works to ensure you obtain the necessary permissions and licenses. This not only protects your creation but also helps avoid legal disputes.
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