I used part of someone's work. Is it fair dealing under Malaysian copyright law?

A reviewer quotes a book. A YouTuber shows clips from a film to criticise it. A business uses a news photo in its newsletter. When the copyright owner complains, the answer often turns on fair dealing.

What section 13(2)(a) says

The copyright owner's right to control does not include doing the controlled acts by way of fair dealing, including for purposes of:

• research;
• private study;
• criticism;
• review; or
• reporting news or current events.

The dealing must be accompanied by an acknowledgement of the title of the work and its authorship, except that no acknowledgement is needed for reporting news or current events by sound recording, film or broadcast.

Parody, pastiche and caricature

Section 13(2)(b) separately allows acts done by way of parody, pastiche or caricature. Other exceptions cover, for example, incidental inclusion of a work in a film or broadcast (section 13(2)(e)).

The four factors

In deciding whether a dealing is fair, the factors to be considered include (section 13(2A)):

1. the purpose and character of the dealing, including whether it is commercial or for non-profit education;
2. the nature of the work;
3. the amount and substantiality of the part used compared with the whole; and
4. the effect on the potential market for or value of the work.

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How this plays out

• Criticism and review usually justify quoting what is necessary to make the point, not reproducing the whole work.
• Commercial use of a whole photograph to decorate a sales page is hard to call fair dealing.
• News reporting may justify using material about current events, but not taking a rival's exclusive photos wholesale.
• Acknowledgement is required, but acknowledgement alone is not enough.

Responding to a claim

If you receive a letter or a takedown notice:

1. Keep a copy of your content and the original work.
2. Identify your purpose and how much you used.
3. Check whether you acknowledged title and author.
4. Consider removing or reducing the use while reserving your position.
5. If the takedown was wrong, consider a counter-notification; see takedown notices.

Where the complaint is really about criticism, it may also overlap with defamation; see honest bad reviews.

Example

A Klang Valley food blogger reviews a cookbook, quoting two short recipes' introductions with the title and author named, and photographing the cover. The publisher complains. The use is limited, credited and for review, which supports fair dealing.

Common mistakes

• Believing that any credit makes copying lawful.
• Copying a whole work and calling it "review".
• Ignoring the commercial nature of the use.
• Assuming "non-profit" always means fair.

When to speak to a lawyer

When you receive a copyright demand or takedown about your content, or want to challenge a removal. See IP and trademark disputes or contact us.

Frequently asked questions

Is there a word or percentage limit?

No fixed limit appears in section 13. The amount and substantiality is one factor among four.

Does fair dealing apply to trademarks?

No. It is a copyright concept. Trademark law has its own exceptions.

Can I rely on fair dealing for teaching materials?

Possibly, depending on the factors, especially if non-profit and limited. Other specific exceptions may also apply.

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

Fact-checked on 17 Oct 2026