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2016 MarsdenLR 2062

HIGH COURT MALAYA SHAH ALAM
WEDDING GALORE SDN BHD – Appellant
Versus
RASIDAH AHMAD – Respondent


Table of Content
1. the court upheld the lower court's findings on copyright infringement. (Para 1 , 2)
2. ownership of copyright and implications on damages awarded. (Para 3 , 6 , 30)
3. determination of originality in the edited photographs for copyright eligibility. (Para 8 , 12)
4. evidential standards required for establishing copyright claims. (Para 22 , 24)
5. affirmation of the damages awarded following copyright infringement. (Para 47 , 57)
Amelia Tee Hong Geok Abdullah J:

[1] This is an appeal from the decision of the learned Sessions Court Judge ("HMS") where the HMS had allowed the claim of RASIDAH BINTI AHMAD [Menjalankan perniagaan dengan nama dan gaya LOOKitLOVE PHOTOGRAPHY] ("the respondent/plaintiff") against WEDDING GALORE SDN BHD ("the appellant/defendant"), for a declaration that the plaintiff is the owner of the copyright to the two photographs which were edited by the defendant and reproduced in the defendant's sales brochure, and ordering the defendant to pay the plaintiff general damages of RM10,000-00, exemplary damages of RM20,000-00, aggravated damages of RM10,000-00, interest at the rate of 5% per annum from the date of the Writ until full settlement and costs

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