HIGH COURT MALAYA KUALA LUMPUR
AKTIF PERUNDING SDN BHD – Appellant
Versus
ZNVA & ASSOCIATES SDN BHD – Respondent
| Table of Content |
|---|
| 1. dispute over copyright ownership of engineering drawings. (Para 1 , 4) |
| 2. claim for moral rights by corporate entity is invalid. (Para 5) |
A. Introduction
[1] This case discussed the novel question of whether a company has "moral rights" in a work under s 25(2) of the Copyright Act 1987 ( CA ).
[2] Universiti Teknologi Malaysia (UTM) had appointed Ahmad Zaki Sdn Bhd (Main Contractor) as the main contractor for the construction of UTMs student accommodation in Kuala Lumpur (Project).
[3] The plaintiff company (the plaintiff) was appointed by the Main Contractor as the Mechanical and Electrical Engineering Consultant (Consultant) for the Project. As Consultant, the plaintiff had produced certain Mechanical and Electrical Engineering drawings (Drawings). In the "Title Block" of the Drawings (Title Block), it was stated, amongst others, that the plaintiff was the Mechanical and Electrical Engineer (M & E Engineer) for the Project.
[4] The plaintiffs appointment as Consultant was subsequently terminated by the Main Contractor and the defendant company (the defendant) was appointed by the Main Contractor as the Consultant.
B. Issues
[5] The following que
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