Employers' Liability For Copyright Infringement

• Published date: 02 May 2023
• Subject Matter: Intellectual Property, Compliance, Copyright
• Law Firm: Lee Hishammuddin Allen & Gledhill
• Author: Mr Chng Keng Lung and Teo Kah Min
• topic: Business of Law,Intellectual Property,Copyright law,Employment Law,Civil Procedure

Installation of a software without a valid license is a copyright infringement. In Malaysia, section 13 of the Copyright Act 1987 makes this clear by conferring exclusive rights to software developers and owners to reproduce, communicate and distribute copies of the software to the public. No other person may exercise those exclusive rights unless with the owner's consent.¹

The position is less certain in cases where an employee, without the employer's knowledge, uses a software without a valid license or engages in some other form of unauthorized use or distribution.

In this regard, to what extent are employers liable for the actions of their employees, more so in the context of copyright infringement?

Malaysia recognises the principle of vicarious liability whereby an employer may be held liable for the actions of their employees. To establish vicarious liability, it must...