Copyright
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or periodicals on current topics, if such reproduction,
broadcasting or showing has not been expressly
reserved:
Provided that the source is clearly indicated;
(o) the reproduction by the press, the broadcasting or the
performance, showing or playing to the public of lectures,
addresses and other works of the same nature which
are delivered in public if such use is for informatory
purposes and has not been expressly reserved;
(p) the commercial rental of computer programs, where the
program is not the essential object of the rental; and
(q) the making of a transient and incidental electronic copy
of a work made available on a network if the making
of such copy is required for the viewing, listening or
utilization of the said work.
(2 a ) For the purposes of paragraph (2)(a), in determining
whether a dealing constitutes a fair dealing, the factors to be
considered shall include—
(a) the purpose and character of the dealing, including whether
such dealing is of a commercial nature or is for nonprofit educational purposes;
(b) the nature of the copyright work;
(c) the amount and substantiality of the portion used in
relation to the copyright work as a whole; and
(d) the effect of the dealing upon the potential market for or
value of the copyright work.
(3) For the purposes of paragraph (2)(l), “a legislative body”
means the Parliament of Malaysia or, in relation to a State, the
authority having power under the Constitution of that State to
make laws for the State, as the case may be.
Design documents and models
13a. (1) It shall not be an infringement of any copyright in a
design document or model recording or embodying a design for
anything other than an artistic work or a typeface—
(a) to make an article to the design, or to copy or to reproduce
an article made to the design; or