This is a continuation of a copyright saga between Elias Idris (hereinafter referred to as the “Respondent”) and well-known local filmmaker Datuk Mohd. Yusof Md Aslam, along with his son Mohd Syamsul Md Yusof and a movie production company, Skop Productions Sdn. Bhd. (hereinafter referred to as the “Appellants”) in the Federal Court of Malaysia.
When the appeal at the Federal Court was granted, the following questions were asked:
- Is publication itself sufficient satisfaction to the legal requirement of causal connection in order to succeed in a claim on infringement of copyright?
- In carrying out the test in Megnaway Enterprise Sdn. Bhd. v Soon Lian Hock (sole proprietor of the firm Performance Audio & Car Accessories Enterprise) [2009] 3 MLJ 525, is there a legal duty for the court to examine and evaluate both the distinct materials being the subject matter under the claim on infringement of copyright)?
Based on the findings in Federal Court, it was found that the degree of similarities alleged between the novel and the movie were not the result of copying, as both works discussed the “bohsia” phenomenon and the issue of “mat rempit” which were common social issues that existed even before the publication of the novel and still continues to be relevant until today. In this case, the Responded was not able to establish the substantial objective similarities between the novel and the movie.
It was also found at the Federal Court that there is a legal duty for the Court to examine and evaluate the distinct contents of the novel and the movie being the subject matter under the claim of infringement of copyright.
As a result, the Federal Court had allowed the appeal with costs and the decision at the Court of Appeal was overruled and the decision of the learned High Court Judge is affirmed and reinstated.