A Cobweb of Exception to Copyright Law for Research Purposes

Author:Ratnaria Wahid, Khadijah Mohamed
Pages:258-268
JICLT
Journal of International Commercial Law and Technology
Vol.9, No.4 (2014)
258
A Cobweb of Exception to Copyright Law
for Research Purposes
Ratnaria Wahid
School of International Studies
College of Law, Government and International Studies,
Universiti Utara Malaysia
ratnaria@uum.edu.my
Khadijah Mohamed
School of Law
College of Law, Government and International Studies,
Universiti Utara Malaysia
khadijah@uum.edu.my
Abstract. Access to copyrighted materials and resources for
research purposes have been increasingly conducted across borders. In
certain circumstances, access to copyright materials that may be needed
for research purposes may be restricted due to copyright law.
International copyright conventions do provide exceptions to copyright
law for research purposes as what ha s been generally covered under the
‘three step test’. However, this rule may be interpreted either narrowly or
flexibly by member countries, which leads to different countries adapting
different laws pertaining to it. This paper analyses the Malaysian
copyright provision relating to copyright exceptions that may be used for
research purposes and its recent amendments made in 2012 as compared
to Australia an d the United Kingdom provisions. This paper will discuss
the implications of the r ecent amendment and further explains the future
direction researchers could take to ensure the legality of their actions
when using copyrighted materials for research purposes.
1. Introduction
A work created or authored, whether entertainment or informational is no longer
confined to a single jurisdiction, but can be easily disseminated around the world
through the Internet. In today’s globalized world, materials and resources available in
other jurisdictions may be highly relevant to another person across the world. Apart
from private individuals, various multinational corporations produce, distribute content
and often operate their businesses across national borders. In addition to this,
collaborative projects and research cooperation between higher education institutions in
various countries have constantly been designed, funded and developed.

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