Book contents
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- Part III Models of Copyright Exceptions
- 7 Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?
- 8 Fair Use As an Advance on Fair Dealing? Depolarizing the Debate
- 9 The Changing Judicial Politics of Copyright Exceptions in the UK
- 10 “Fair Use” through Fundamental Rights in Europe: When Freedom of Artistic Expression Allows Creative Appropriations and Opens Up Statutory Copyright Limitations
- 11 Limitations and Exceptions in Copyright Law across the Taiwan Strait
- 12 A General Clause on Copyright Limitations in Civil Law Countries: Recent Discussion on Japanese-Style Fair Use Clause
- 13 Bridging Fair Dealing and Fair Use Concepts: Malaysia’s Transition to a Hybrid System
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- Part V Copyright Exceptions and Technology
13 - Bridging Fair Dealing and Fair Use Concepts: Malaysia’s Transition to a Hybrid System
from Part III - Models of Copyright Exceptions
Published online by Cambridge University Press: 15 January 2021
Book contents
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- Part III Models of Copyright Exceptions
- 7 Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?
- 8 Fair Use As an Advance on Fair Dealing? Depolarizing the Debate
- 9 The Changing Judicial Politics of Copyright Exceptions in the UK
- 10 “Fair Use” through Fundamental Rights in Europe: When Freedom of Artistic Expression Allows Creative Appropriations and Opens Up Statutory Copyright Limitations
- 11 Limitations and Exceptions in Copyright Law across the Taiwan Strait
- 12 A General Clause on Copyright Limitations in Civil Law Countries: Recent Discussion on Japanese-Style Fair Use Clause
- 13 Bridging Fair Dealing and Fair Use Concepts: Malaysia’s Transition to a Hybrid System
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- Part V Copyright Exceptions and Technology
Summary
In 2012, Malaysia moved from a pure fair dealing system to a hybrid fair dealing and fair use system. The transition was made possible with the incorporation of section 13(2A) into the Copyright Act 1987. The section provided for the weighing of four fair use factors in considering whether a particular conduct amounts to a fair dealing under section 13(2)(a) and (b) of the Copyright Act 1987. In so doing, the four fair use factors played an instrumental role in defining the parameters of acceptable conduct as fair dealing.
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- The Cambridge Handbook of Copyright Limitations and Exceptions , pp. 216 - 230Publisher: Cambridge University PressPrint publication year: 2021