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 questions, amongst others, arise in this case:

(1) who is the owner of copyright in the Drawings? This issue concerns:

(a) whether the Main Contractor owns copy