AI creations lack copyright protection in Malaysia

Works created solely by artificial intelligence without substantial human creative contribution cannot be protected under Malaysia's Copyright Act 1987. The government is currently working to adjust existing legal frameworks to ensure the balanced development of the AI ecosystem while safeguarding the rights of copyright holders.

Deputy Minister of Domestic Trade and Cost of Living, Datuk Dr. Fuziah Salleh, stated that efforts are focused on four main areas: ownership of AI-generated works, the use of copyrighted material for training AI models, transparency in training data, and establishing suitable enforcement mechanisms. These initiatives involve extensive consultations with various stakeholders to ensure any future policy or legal approach is balanced, practical, and aligns with national economic development interests.

“

Works generated entirely autonomously by artificial intelligence without significant human involvement or creative contribution cannot be granted protection under the Copyright Act 1987.

"It also aims to maintain a balance between encouraging technological innovation, protecting the rights of copyright owners, and ensuring the sustainability of the local creative industry ecosystem," Salleh said in the Dewan Negara (Senate) on Tuesday.

“

It also aims to maintain a balance between encouraging technological innovation, protecting the rights of copyright owners, and ensuring the sustainability of the local creative industry ecosystem.

She was responding to a question regarding measures taken by the Intellectual Property Corporation of Malaysia (MyIPO) to address copyright infringement risks and ownership issues concerning AI-generated works. Salleh noted that current international litigation and enforcement related to AI and copyright primarily involve the use of news articles, images, and sound recordings as training data for AI.

Malaysia has not yet recorded any precedent-setting court cases regarding copyright infringement involving AI technology. "No legal principles have been established by local courts on this matter yet," Salleh confirmed. The determination of whether AI use constitutes copyright infringement depends on the specific facts and circumstances of each case. Civil infringements are subject to court determination through actions filed by copyright owners, while criminal offenses are addressed through complaints, investigation requests, and enforcement by the Ministry of Domestic Trade and Cost of Living.

“

No legal principles have been established by local courts on this matter yet.