Are all the pictures posted on the Internet copyrighted?

Suppose that on one fine day, you randomly search the internet for fun and you found a picture of a flower that you like. Later, you save the picture on your computer, edit the picture with few words of wisdom and upload it on the social network. Your friend like the picture that you posted and later share it among his or her friends. Then, it became viral. Suddenly, you receive a message from the owner of the picture saying that you have distributed the picture without his/her consent and will take legal action against you. Now, what will you do? We shall look into this case through law. Are all the pictures posted in the Internet are copyrighted? Can we consider the picture to be public? It looks simple, but I'm just creating a situation for the sake of discussion.

First the issue of copyright. Under Copyright Act 1987, only the following shall be consider protected under this act that are:

• literary work;
• dramatic work;
• translation of the literary and dramatic work;
• a version of the literary and dramatic work conveyed by means of pictures;
• computer program of the literary work;
• musical work includes arrangement or transcription;
• film;
• artistic work includes graphic work, photograph, sculpture or collage;
• a work of architecture include building or model of building; and
• a work of artistic craftsmanship.

Second, the person who can claim the work or author. Under Copyright Act 1987, author includes the following:

• writer or maker of the literary work;
• composer of the musical work
• the artist to the artistic work
• the photographer of the photograph
• the person who make the film or sound recording

By looking at this two interpretation we can say that the picture if it a photograph or graphic work is still consider to be an artistic work under this law. The person photographer or the artist is the person who can claim that the work is his do apply in this case.

The act also give interpretation on infringing copy that is on this case, the reproduction of the artistic work without the consent of the owner of copyright.

But before we can say that the owner of the picture can take legal action, we need to know whether he/she is a qualified person under this act. The law interpret that a qualified person must be a citizen or permanent resident of Malaysia. If the person is not a qualified person, therefore the legal action cannot be taken.

In section 17 of the Copyright Act 1987, the copyright of the artistic work is protected during the lifetime of the author and shall continue for the period of 50 years after his/her death. Therefore in this case, the copyright is still protected as the author is still alive and can claim ownership of the work.

According to the Malaysian Intellectual Property Association, there is no system that register a copyright in Malaysia. Therefore the author must carefully record all the documents and proof needed to show that he/she own the copyright.

Therefore, it is clear that in Malaysia, all the photographs or pictures on the internet that can be define as an artistic work is copyrighted. Any infringement of the particular work and distribution without any consent fromthe author, legal action can be taken against the person.

References:

Copyright Act 1987, Act 332, Law of Malaysia, http://portal.psz.utm.my/psz/images/stories/2012/copyright_act_1987.pdf

Copyright, Malaysia Intellectual Property Association, http://www.mipa.org.my/copyright.html