Someone copied my photos or website content. Can I sue for copyright infringement in Malaysia?

A competitor's website uses your product photos. A blog republishes your article word for word. A seller on Facebook uses your shop's pictures to sell cheaper goods. Copyright law gives you remedies, but you need to prove a few things first.

Is your work protected?

Under the Copyright Act 1987, literary works (including website text) and artistic works (including photographs) are protected if:

• sufficient effort went into making them original; and
• they have been reduced to material form, such as a digital file (section 7(3)).

Protection does not extend to ideas or methods as such (section 7(2A)). There is no need to register; MyIPO runs a voluntary notification system (section 26A), which can help with proof but is not required.

Do you own the copyright?

Copyright usually belongs first to the author, but works made in the course of employment, or commissioned by someone who is not the author's employer, are deemed transferred to the employer or commissioning party, subject to any agreement (section 26(2)). If a freelancer took the photos, check your contract. See who owns copyright.

What is infringement?

Copyright is infringed by anyone who, without licence, does or causes another to do an act controlled by copyright (section 36(1)), including reproducing the work or a substantial part of it and communicating it to the public, for example by posting online (section 13(1)). Cropping, filtering or adding a watermark does not normally avoid infringement if a substantial part is taken.

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Remedies

The court may grant (section 37(1)):

• an injunction;
• damages, or an account of profits;
• statutory damages of up to RM25,000 for each work, and up to RM500,000 in total; or
• any other order it thinks fit.

Damages, profits and statutory damages are generally alternatives (section 37(4)). The court may award additional damages having regard to flagrancy and the benefit to the defendant (section 37(7)). If the defendant did not know and had no reasonable grounds to suspect infringement, damages are not available, but profits or statutory damages still are (section 37(6)).

Practical steps

1. Capture the infringing pages with dates and URLs.
2. Collect your originals: raw files, metadata, drafts and publication dates.
3. Consider a takedown notice to the platform or host.
4. Send a letter of demand, and if necessary file a claim.

Example

A Penang homestay owner finds her room photos on a rival listing. She keeps the original camera files showing dates, captures the rival pages, requests a takedown, and claims statutory damages for each photo used.

Common mistakes

• Thinking that anything online is free to use.
• Losing the original files that prove authorship.
• Assuming a credit line makes copying lawful.
• Claiming ownership of photos a freelancer still owns.

When to speak to a lawyer

When copying continues after a request to stop, or affects your business. See IP and trademark disputes or contact us.

Frequently asked questions

Is crediting the photographer enough?

No. Credit is part of some fair dealing exceptions, but it does not replace a licence.

How long does copyright last?

For literary and artistic works, generally the author's life plus 50 years (section 17), with special rules for some works.

Can I use statutory damages if I cannot prove my loss?

Yes, statutory damages are an alternative to proving actual loss, within the limits in section 37.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Copyright Act 1987 (Act 332), AGC Laws of Malaysia
2. Intellectual Property Corporation of Malaysia (MyIPO), official portal
3. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93

Fact-checked on 17 Oct 2026