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HIGH COURT MALAYA KUALA LUMPUR
ULTRA DIMENSION SDN BHD – Appellant
Versus
KETUA PENGARAH LEMBAGA PENGGALAKAN PELANCONGAN MALAYSIA & ORS – Respondent
| Table of Content |
|---|
| 1. initiation of copyright infringement case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. affidavit validity and requirements. (Para 10 , 11) |
| 3. ownership proof beyond statutory affidavit. (Para 12 , 13 , 14) |
| 4. contradictions in eyewitness testimony. (Para 15 , 16 , 17 , 18 , 19) |
| 5. distinction between authorship and ownership in copyright. (Para 20 , 21) |
| 6. employment and copyright ownership considerations. (Para 22 , 23) |
| 7. locus standi and copyright ownership. (Para 24) |
| 8. statutory protection for governmental use of copyright. (Para 25 , 26 , 27 , 29) |
| 9. public interest in copyright usage. (Para 28) |
[1] This is a copyright infringement action brought by Ultra Dimension Sdn Bhd (the plaintiff) against the Director-General of the Malaysian Tourism Promotion Board (the first defendant).
[2] The plaintiff claims copyright of photograph with the reference No UD 3001 (the photograph). It is a photograph with images of the Kuala Lumpur Skyline with emphasis on sceneries and landmarks such as the KLCC and KL Towers.
[3] The plaintiff's case is that the first defendant infringed its copyright photograph when the latter published the Visit Malaysia Year Brochure 2007 (the broc
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