A three-member Federal Court bench led by Chief Justice Richard Malanjum has today granted leave to film director Shamsul Yusof, renowned actor-director Yusof Haslam and Skop Productions to appeal a Court of Appeal decision.

The decision involves a suit by author Elias Idris against them for alleged copyright infringements.

Justice Malanjum, who sat with Federal Court judges Justice Zainun Ali and Justice Aziah Ali, has allowed two of four questions of law to be posed.

The questions are:

• is publication itself sufficient satisfaction to the legal requirement of causal connection in order to succeed in an infringement of copyright claim?
• is there a legal duty for the court to examine and evaluate both the distinct materials being the subject matter under the claim on infringement of copyright?

It was reported in 2014, novelist Elias had filed a claim against Yusof, his son Shamsul and Skop Productions for their production of the film Bohsia: Jangan Pilih Jalan Hitam which Elias claims is based on his book Aku Bohsia. Elias writes under the pen name of Anne Natasha Nita.

The author lost at the Kuala Lumpur High Court but at the Court of Appeal, a three-member bench led by Justice Abang Iskandar Abang Hashim allowed the appeal and ordered damages to be assessed by the High Court.

Justice Abang Iskandar, who sat with Justice Badariah Sahamid and Justice Mary Lim, also ordered the three defendants to pay Elias RM40,000 in legal costs. The panel also set aside the High Court order for Elias to pay RM100,000 to the trio for alleged defamation.

In overturning the High Court decision, the Court of Appeal bench also allowed five declarations sought by the author including an injunction on the trio, to prevent their agents from publishing, broadcasting, distributing or reproducing without written authorisation from the author.

The respondents were also ordered to deliver all infringed copies and goods to Elias or his nominee. The panel also gave an order to identify the amount of profit received from the alleged copyright infringement for payment with interest to be made to Elias.

Yusof, Shamsul and Skop Productions were represented by lawyer Mohd Haniff Khatri Abdulla and Aizul Rohan Anuar while K Periasamy appeared for Elias.