2013 MarsdenLR 412

COURT OF APPEAL PUTRAJAYA
LEE CHYE YEN & ANOR – Appellant
Versus
EONENET.COM SDN BHD – Respondent
[Civil Appeal No: W-02(IPCV)(W)-203-01-2013]

Strict compliance with Section 42 of the Copyright Act 1987 is mandatory for establishing ownership of copyright; failure to annex a true copy invalidates statutory declarations as prima facie evidence.

Headnote:(A) Copyright Act 1987 - Sections 42 - Appeal against High Court decision allowing respondent's claim for copyright infringement - Respondent claimed ownership of copyright works; appellants denied originality - Court held respondent failed to establish ownership and that statutory declaration was invalid due to lack of certification, rendering it non-admissible - Further, the respondent failed to provide necessary evidence during the trial. (Paras 14-24)

(B) Ownership of Copyright - The statutory declaration under Section 42 is a mode of proving ownership, but strict compliance is mandatory - Failure to annex a true copy of the work renders the declaration defective and non-admissible as prima facie evidence. (Paras 16-22)

Facts of the case:
The respondent, a Malaysian company, claimed infringement based on materials co-authored by its COO and a partner, alleging the appellants copied these materials for their seminars. (Paras 2-5)

Findings of Court:
The learned judge erred in admitting a defective statutory declaration, leading to no prima facie evidence of copyright ownership by the respondent. (Paras 26-27)

Issues: The court assessed whether the respondent established ownership of copyright and whether the statutory declaration was valid under Section 42 of the Act. (Paras 26-27)

Ratio Decidendi: The court found that strict compliance with Section 42 is necessary and the failure to annex a true copy of the works invalidated the statutory declaration, thus the copyright claim could not be substantiated. (Paras 14-24)

Result: Appeal allowed, judgment against appellants set aside with costs awarded.