Artists Sue MyNews for Alleged Copyright Infringement Over Artwork on Bags

Two local artists, Shamsaimun Ezil and Amir Hamzah Hashim, have filed a lawsuit against MyNews Holdings Bhd and its subsidiary, Eemerge Incorporated Sdn Bhd, for allegedly using copyrighted artwork without permission on reusable bags sold in MyNews outlets on 11th April 2019.

The artists, who run Homework Studio, claim that the artwork in question was originally created by resident artist Azhar Saad in 2007. The illustrations, themed around national unity and identity, were commissioned and paid for by the studio. Over the years, the studio granted usage rights to other parties in exchange for fees, reinforcing their claim of ownership.

The dispute began in October 2023 when MyNews and Eemerge allegedly marketed two products — the "Icon Recycle Bag with Zip" and "Icon Recycle Document Bag with Zip" — featuring Azhar’s artwork, which could be seen from the side of the bags and bore the MyNews logo.

According to the artists, the bags were sold and promoted without their knowledge or written consent, prompting them to send a legal demand letter at 19th October 2018. While MyNews reportedly ceased selling the bags following the complaint, the company denied any wrongdoing.

In response, the artists made a statutory declaration affirming their copyright and filed the lawsuit seeking several legal remedies, including:

• A declaration that their copyright was infringed under Section 36 of the Copyright Act

• An injunction to stop further production and sales of the artwork and bags

• Full disclosure of the bags’ production and sales figures

• Compensatory and exemplary damages

The case was filed on April 3rd, and the High Court has set April 22nd for case management. The artists are represented by lawyer Ahmad Hafiz Zubir.

This case underscores the importance of obtaining proper permissions before reproducing or selling creative content.

My comments: 

This case underscores the critical importance of respecting intellectual property rights. It highlights the ongoing challenges artists face in protecting their intellectual property and reinforces the importance of respecting copyright laws in commercial practices. This case serves as a reminder to businesses to ensure proper licensing and consent when using creative works, as failure to do so can result in legal consequences, reputational damage, and financial liability.

Wan Kamalia

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