KUALA LUMPUR - Malaysian creators who share illustrations, songs, photographs and articles online face a new question in the age of artificial intelligence: could that work end up being used to train an AI model, and what rights do they retain if it does?
Deputy domestic trade and cost of living minister Fuziah Salleh has said copyrighted material used for AI model training requires approval from the copyright owner, with licensing and royalty arrangements agreed between the parties. That means existing copyright protections still apply when material is used in an AI context.
Malaysia's Copyright Act 1987 protects qualifying literary, musical and artistic works, films, sound recordings, broadcasts, published editions and derivative works. Protection arises automatically when a work meets the Act's requirements - the material must be original and recorded in material form, though ideas alone are not protected.
Malaysia doesn't have a conventional copyright registration system, but creators can make a voluntary notification with the Intellectual Property Corporation of Malaysia (MyIPO) to create an official record. Keeping original files, drafts and dated versions can also help establish when and how a work developed.
The licensing framework
Section 27 of the Copyright Act provides for licensing and assignment arrangements, Fuziah said. Collective management organisations can administer licensing and royalty payments on behalf of owners.
As of Aug 4, Malaysia has recorded no court cases involving copyright violations from AI use, according to a Bernama infographic. The government has stated its position on permission and copyright, but the issue is yet to be tested through a reported Malaysian AI copyright case.
That distinction matters because AI technology is developing faster than many legal systems now being asked to govern it. Rules written before generative AI became a daily tool are being applied to situations their drafters could not have anticipated.
What if AI makes the work?
The position also covers AI-generated work. Fuziah said copyright protection requires meaningful human creative contribution, and a work entirely generated by AI without significant human input would not qualify under existing law.
For creators using AI within a broader process, the focus falls on the human behind the work. Selecting, editing, reshaping and developing material can involve very different levels of creativity than asking an AI system to produce a finished image or song.
Here are a few practical habits that still matter:
- Keep original files and drafts of versions.
- Read the terms of online platforms before uploading material.
- Look closely at clauses that explain how submitted content may be used or licensed.
- Get any commercial use arrangement in writing, including payment and licensing scope.
Why this matters for creatives
AI may be changing how creative work is made, but it hasn't made copyright irrelevant. For Malaysian creatives, trying to understand your rights before uploading work online, not after an AI dispute arises, will save you more than time. Keep records, read platform terms now, and make sure any user of your work gets explicit permission in place.
For photographers, AI's role in image-making is particularly relevant, and structured training can help clarify how the technology and workflows impact your work. For other creative professionals, general AI courses can cover the technical side of an emerging creative environment.
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