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Section 13B

Effect of exploitation of design derived from artistic work

of Copyright Act 1987

ActIn forceProvision 16 of 111
Section 13B

(a)

making, by an industrial process or means, articles falling to be treated for the purposes of this Act as copies of the work; and

(b)

marketing such articles in Malaysia or elsewhere.

(2)

After the end of the period of twenty-five years from the end of the calendar year in which such articles are first marketed, the work

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may be copied by making articles of any description, or doing anything for the purpose of making articles of any description, and anything may be done in relation to articles so made, without infringing copyright in the work.

(3)

Where only part of an artistic work is exploited as mentioned in subsection (1), subsection (2) applies only in relation to that part.

(4)

The Minister may by order make provision—

(a)

as to the circumstances in which an article, or any description of article, is to be regarded for the purposes of this section as made by an industrial process or means; and

(b)

for excluding from the operation of this section such articles of a primarily literary or artistic character as he thinks fit.

(5)

In this section—

(a)

references to articles do not include films; and

(b)

references to the marketing of an article shall be construed as references to it being sold or let for hire or offered or exposed for sale or hire.