IT is not unusual to hear of artistes, singers, songwriters, novelists and film producers suing each other for stealing their copyright-protected works.
Examples include the four-year copyright infringement suit between Elias Idris and Syamsul Yusuf concerning the former’s novel Aku Bohsia, as well as Katy Perry’s recent defeat in a copyright infringement legal action regarding her song, Dark Horse.
The above cases make us ponder on the role of inspiration in the creative industry, and make us wonder if we are prohibited from using somebody’s work as an inspiration.
When will an inspiration be allowed, or when will it become an imitation, or worse, a copyright theft?
The most fundamental principle of copyright law lies in Section 7 (2A) of the Copyright Act 1987. The provision underlines the demarcation of copyright protection when it excludes “ideas” from the aegis of protection. The expression of the ideas, however, is protected by copyright law (emphasis added).
In other words, no one can claim copyright over “ideas” or something too common and these should be free to be used as inspirations.
Hence, a person can freely exploit general themes and ideas used in a wizarding world-based novel as inspiration without infringing the copyright of the said novel.
Nonetheless, a person is prohibited from copying the novelist's expression of an idea that is used to convey his version of the story to readers.
Besides, copyright law protects creative works from being copied without permission, and permits the copyright holder to make a living from his works through royalty payment.
In striking a balance of interests, the copyright law also allows us to create derivative works from any existing work, but this must be appropriately done by using the various means and exceptions as enshrined in the Copyright Act 1987.
Therefore, it is understood that it is not wrong if other people’s work is used as an inspiration because the law does not expressly prohibit doing so.
In fact, most movies, songs, and novels these days are the result of inspiration from somebody’s earlier works.
MUHAMAD HELMI MUHAMAD KHAIR
UiTM Seremban, Negri Sembilan