Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332

Incorporating all amendments up to 10 April 2012

ACT 332 
COPYRIGHT ACT 1987 
(Click here to see Annotated Statutes of this Act)

Part I PRELIMINARY

SECTION

1.Short title, application and commencement

2.Extent of application

3.Interpretation

4.Publication

5.Controller, Deputy Controllers and Assistant Controllers

Part II GENERAL PROVISIONS

SECTION

6.No copyright except by virtue of this Act

7.Works eligible for copyright

8.Derivative works

9.Copyright in published editions of works

10.Qualification for protection

10a.Qualification for protection of performer

11.Copyright in works of Government, Government organizations and international bodies

12.Administration of Government copyright

Part III NATURE AND DURATION OF COPYRIGHT

SECTION

13.Nature of copyright in literary, musical or artistic works, films and sound recordings

13a.Design documents and models

13b.Effect of exploitation of design derived from artistic work

13c.(Deleted by Act A1420)

14.Nature of copyright in works of architecture

15.Nature of copyright in broadcasts

16.Broadcasting of works incorporated in films

16a.Nature of performers' right

16b.Equitable remuneration

17.Duration of copyright in literary, musical or artistic works

18.Duration of copyright in published editions

19.Duration of copyright in sound recording

20.Duration of copyright in broadcasts

21.Omitted or Deleted Section

22.Duration of copyright in film

23.Duration of copyright in works of Government, Government organizations and international bodies

23a.Duration of performers' rights

23b.Duration of an equitable remuneration

24.Omitted or Deleted Section

25.Moral rights

25a.Moral rights of a performer

Part IV OWNERSHIP AND ASSIGNMENT OF COPYRIGHT

SECTION

26.First ownership of copyright

26A.Voluntary notification of copyright.

26b.Register of Copyright.

26c.Voluntary notification of copyright.

27.Assignment, licences and testamentary disposition

Part IVA COPYRIGHT LICENSING

SECTION

27a.Licensing body

27aa.Licensing schemes to which sections 27B to 27G apply

27b.Reference of proposed licensing scheme to Tribunal

27c.Reference of licensing scheme to Tribunal

27d.Further reference of licensing scheme to Tribunal

27e.Application for grant of licence in connection with licensing scheme

27f.Application for review of order as to entitlement to licence

27g.Effect of order of Tribunal as to licensing scheme

27h.Licences to which sections 27i to 27l apply

27i.Reference to Tribunal of terms of proposed licence

27j.Reference to Tribunal of expiring licence

27k.Application for review of order as to licence

27l.Effect of order of Tribunal as to licence

Part V COPYRIGHT TRIBUNAL

SECTION

28.Establishment and powers of Copyright Tribunal

29.Appointment of Chairman and members of Tribunal

30.Proceedings before the Tribunal

30a.Reference of questions of law to High Court

31.Licence to produce and publish translation

32.Omitted or Deleted Section

33.Tribunal may request for information

34.No action to lie against Tribunal

35.Regulations relating to Tribunal

Part VI REMEDIES FOR INFRINGEMENTS AND OFFENCES

SECTION

36.Infringements

36a.Circumvention of technological protection measure.

36b.Rights management information

37.Action by owner of copyright and relief

38.Proceedings in case of copyright subject to exclusive licence

39.Restriction on importation of infringing copies

39a.Application of sections 36, 37, 38 and 39 to performers' right

40.Back-up copy of computer program

41.Offences

41a.Compounding of offences

42.Affidavit admissible in evidence

43.Penalty

Part VIA ANTI-CAMCORDING

SECTION

43a.Offences relating to anti-camcording.

Part VIB LIMITATION OF LIABILITIES OF THE SERVICE PROVIDER

SECTION

43b.Interpretation.

43c.Transmission, routing and provision of connections

43d.System caching

43e.Storage and information location tools

43f.Exemption of service provider from liability for removal of copy or other activities from network.

43g.Information on service provider.

43h.Notification by copyright owner and its effect.

43gf.Maker of false notice guilty of offence and liable in damages

Part VII ENFORCEMENT

SECTION

44.Entry by warrant or otherwise

45.Effecting entry, removal and detention

45a.Access to computerized or digitalized data

46.List of things seized

47.Sealing of things

48.Obstruction to search, etc.

49.Warrant admissible notwithstanding defects, etc.

50.Powers of investigation

50a.Power of arrest

50b.Power to intercept communications.

51.Admissibility of statement

51a.Evidence of agent provocateur is admissible

52.Disclosure of information

52a.Tipping-off

53.Institution of prosecution

54.Forfeiture of articles

55.Proportional examination of articles seized to be accepted

56.Protection of informers from discovery

57.Protection of Assistant Controllers and police officers

Part VIII MISCELLANEOUS

SECTION

58.Omitted or Deleted Section

59.Regulations

59a.Extension of application of Act

59b.Power of Minister to exclude from definition of "broadcast"

60.Savings

61.Repeal

An Act to make better provisions in the law relating to copyright and for other matters connected therewith.

[1 December 1987, P.U.(B) 586/1987]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/1.Short title, application and commencement

Part I PRELIMINARY

1. Short title, application and commencement

(1) This Act may be cited as the Copyright Act 1987 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint and different dates may be appointed for the coming into force of different provisions of this Act.

(2) This Act shall apply throughout Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/2.Extent of application

2. Extent of application

(1) Subject to this section and section59a and regulations made under section 59a, this Act shall apply in relation to works made before the commencement of this Act as it applies in relation to works made after the commencement of this Act:

Provided that this section shall not be construed as reviving any copyrights which had expired before the commencement of this Act.

(2) Where only by virtue of subsection (1) copyrights subsist in works that were made before the commencement of this Act, nothing done before the commencement of this Act shall be taken to constitute an infringement of those copyrights.

(3) For the purposes of this section, a work the making of which extended over a period of time shall not be deemed to have been made before the commencement of this Act unless the making of the work was completed before such commencement.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/3.Interpretation

3. Interpretation

In this Act, unless the context otherwise requires--

"adaptation"

includes any of the following, that is to say:

(a) in relation to a literary work, a version of the work (whether in its original language or a different language) in which it is converted into a dramatic work;

(b) in relation to a dramatic work, a version of the work (whether in its original language or a different language) in which it is converted into a literary work;

(c) in relation to a literary or dramatic work--

(i) a translation of the work;

(ii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical;

(d) in relation to a literary work in the form of a computer program, a version of the work, whether or not in the language, code or notation in which the work was originally expressed not being a reproduction of the work;

(e) in relation to a musical work, an arrangement or transcription of the work;

(f) in relation to a literary or artistic work, a version of the work (whether in its original language or a different language) in which it is converted into a film; 

"appointed date"

has the same meaning as is assigned to that expression in the Intellectual Property Corporation of Malaysia Act 2002 [Act 617];

"artistic work"

means--

(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality;

(b) a work of architecture being a building or a model for a building; or

(c) a work of artistic craftsmanship, but does not include a layout-design within the meaning of the Layout-Designs of Integrated Circuits Act 2000 [Act 601];

"Assistant Controller"

means the person appointed or deemed to have been appointed to be an Assistant Controller under subsection 5(2) or (3);

"author"

(a) in relation to literary works, means the writer or the maker of the works;

(b) in relation to musical works, means the composer;

(c) in relation to artistic works other than photographs, means the artist;

(d) in relation to photographs, means the person by whom the arrangements for the taking of the photograph were undertaken;

(e) in relation to films or sound recordings, means the person by whom the arrangements for the making of the film or recording were undertaken;

(f) in relation to broadcasts transmitted from within any country, means--

(i) the person transmitting the programme, if he has responsibility for the selection of its contents; or

(ii) any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;

(g) in relation to any other cases, means the person by whom the work was made; 

"broadcast"

means a transmission, by wire or wireless means, of visual images, sounds or other information which--

(a) is capable of being lawfully received by members of the public; or

(b) is transmitted for presentation to members of the public, and includes the transmission of encrypted signals where the means for decrypting are provided to the public by the broadcasting service or with its consent;

"broadcasting service"

means any service of radio or television broadcast, operated under the general direction and control of or under licence by the Government, in any part of Malaysia;

"building"

includes any fixed structure, and a part of a building or fixed structure;

"citizen"

includes a person who, if he had been alive on the relevant day, would have qualified for citizenship under the Federal Constitution;

"communication to the public"

means the transmission of a work or performance through wire or wireless means to the public, including the making available of a work or performance to the public in such a way that members of the public may access the work or performance from a place and at a time individually chosen by them;

"computer program"

means an expression, in any language, code or notation, of a set of instructions (whether with or without related information) intended to cause a device having an information processing capability to perform a particular function either directly or after either or both of the following:

(a) conversion to another language, code or notation;

(b) reproduction in a different material form; 

"Controller"

means the Controller of Copyright as designated in subsection 5(1);

"copy"

means a reproduction of a work in written form, in the form of a recording or film, or in any other material form;

"copyright"

means copyright under this Act;

"Corporation"

means the Intellectual Property Corporation of Malaysia established under the Intellectual Property Corporation of Malaysia Act 2002;

"Deputy Controller"

means the person appointed or deemed to have been appointed to be a Deputy Controller under subsection5(2) or (3);

"derivative works"

means the works mentioned in paragraphs 8(1)(a) and (b) ;

"educational institution"

shall have the same meaning as assigned to it in the Education Act 1961 [Act 550];

"film"

means any fixation of a sequence of visual images on material of any description, whether translucent or not, so as to be capable by use of that material with or without any assistance of any contrivance--

(a) of being shown as a moving picture; or

(b) of being recorded on other material, whether translucent or not by the use of which it can be so shown, 

and includes the sounds embodied in any sound-track associated with a film;

"fixation"

means the embodiment of sounds, images or both, or the representation thereof, in a material form sufficiently permanent or stable to permit them to be perceived, reproduced or otherwise communicated during a period of more than transitory duration by using device;

"future copyright"

means copyright which will or may come into existence in respect of any future works or class of works or other subject matter, or on the coming into operation of any provision of this Act, or in any future event;

"Government"

means the Government of Malaysia or the Government of any State;

"graphic work"

includes--

(a) any painting, drawing, diagram, map, chart or plan; and

(b) any engraving, etching, lithograph, woodcut or similar work; 

"infringing copy""

(a) in relation to copyright, means any reproduction of any work eligible for copyright under this Act the making of which constitutes an infringement of the copyright in the work or, in the case of any article imported into Malaysia without the consent of the owner of the copyright, the making of which was carried out without the consent of the owner of the copyright;

(b) in relation to performers' right, means any reproduction of any recording of a performance the making of which constitutes an infringement of the performers' right or, in the case of any recording imported into Malaysia without the consent of the performer, the making of which was carried out without the consent of the performer; 

"licence"

means a lawfully granted licence in writing, permitting the doing of an act controlled by copyright;

"licensing body"

means a society or other organization which is declared as a licensing body under section 27a;

"licensing scheme"

means a scheme (including anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name) setting out--

(a) the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant copyright licences; and

(b) the terms on which licences would be granted in those classes of case; 

"literary work"

includes--

(a) novels, stories, books, pamphlets, manuscripts, poetical works and other writings;

(b) plays, dramas, stage directions, film scenarios, broadcasting scripts, choreographic works and pantomimes;

(c) treatises, histories, biographies, essays and articles;

(d) encyclopaedias, dictionaries and other works of reference;

(e) letters, reports and memoranda;

(f) lectures, addresses, sermons and other works of the same nature;

(g) tables or compilations, whether or not expressed in words, figures or symbols and whether or not in a visible form; and

(h) computer programs, but does not include official texts of the Government or statutory bodies of a legislative or regulatory nature, or judicial decisions or political speeches and political debates, or speeches delivered in the course of legal proceedings, and the official translation thereof; "performance"(a) includes--

(i) a performance of a dramatic work, or part of such a work, including such a performance given with the use of puppets, or the performance of an improvised dramatic work;

(ii) a performance of a musical work or part of such a work, or the performance of an improvised musical work;

(iii) the reading, recitation or delivery of a literary work, or part of such a work, or the reading, recitation or delivery of an improvised literary work;

(iv) a performance of a dance;

(v) a performance of a circus act or a variety act or any similar presentation or show; or

(vi) a performance in relation to expressions of folklore, which is given live by one or more persons in Malaysia, whether in the presence of an audience or otherwise; but

(b) does not include-

(i) any reading, recital or delivery of any item of news or information;

(ii) any performance of a sporting activity; or

(iii) a participation in a performance by a member of an audience; "manuscript",

in relation to a work, means the original document embodying the work, whether written by hand or not;

"material form",

in relation to a work or a derivative work, includes any form (whether visible or not) of storage from which the work or derivative work, or a substantial part of the work or derivative work can be reproduced;

"Minister"

means the Minister for the time being charged with the responsibility for intellectual property;

"musical work"

means any musical work, and includes works composed for musical accompaniment;

"performer"

means an actor, singer, musician, dancer or any person who acts, sings, delivers, declaims, plays in, interprets, or otherwise performs a performance;

"performers' right"

means the performers' right under this Act;

"photograph"

means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;

"premises"

means any place, stationary or otherwise established or set up by any person, whether such place is with or without enclosure, and also includes vehicles, aircraft, ships and any other vessel;

"qualified person",

--

(a) in relation to an individual, means a person who is a citizen of, or a permanent resident in, Malaysia; and

(b) in relation to a body corporate, means a body corporate established in Malaysia and constituted or vested with legal personality under the laws of Malaysia; 

"rebroadcast"

means a simultaneous or subsequent broadcast by one broadcasting service of the broadcast of another broadcasting service, whether situated in Malaysia or abroad, and includes diffusion of such broadcast over wires; and "rebroadcasting" shall be construed accordingly;

"recording"

means a sound recording or film, other than a recording made under subsection 16a(3);

"relevant day"

means Merdeka Day in respect of West Malaysia and Malaysia Day in respect of Sabah, Sarawak and the Federal Territory of Labuan;

"reproduction"

means the making of one or more copies of a work in any form or version, and in relation to an artistic work includes the making of a copy in three dimensions of a two-dimensional work and the making of a copy in two dimensions of a three-dimensional work, and "reproducing" shall be construed accordingly;

"sculpture"

includes a cast or model made for the purposes of a sculpture;

"sound recording"

means any fixation of a sequence of sounds or of a representation of sounds capable of being perceived aurally and of being reproduced by any means, but does not include a sound-track associated with a film;

"technological protection measure"

means any technology, device or component that, in the normal course of its operation, effectively prevents or limits the doing of any act that results in an infringement of the copyright in a work;

"Tribunal"

means the Copyright Tribunal established under section 28; and

"work of joint authorship"

means a work produced by the collaboration of two or more authors in which the contribution of each author is not separable from the contribution of the other author or authors.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/4.Publication

4. Publication

(1) Subject to this section, for the purposes of this Act--

(a) a literary, musical or artistic work, or an edition of such a work, shall be deemed to have been published only if a copy or copies of the work have been made available with the consent of the author or of any person lawfully claiming under the author in a manner sufficient to satisfy the reasonable requirements of the public, whether by sale or otherwise;

(b) a film shall be deemed to have been published only if a copy or copies of the film have been sold, let on hire, or offered or exposed for sale or hire, with the consent of the author or of any person lawfully claiming under the author in a manner sufficient to satisfy the reasonable requirements of the public

(c) a sound recording shall be deemed to have been published only if a copy or copies of such sound recording have been made available with the consent of the author or of any person lawfully claiming under the author in a manner sufficient to satisfy the reasonable requirements of the public; and

(d) a fixed performance shall be deemed to have been published only if a copy or copies of the fixed performance have been made available with the consent of the performer in a manner sufficient to satisfy the reasonable requirements to the public. 

(2) For the purposes of this Act, the performance of a literary or musical work and the exhibition of an artistic work does not constitute publication of the work.

(3) For the purposes of this Act, a publication shall be deemed to be a first publication in Malaysia if--

(a) the work or performance was first published in Malaysia and not elsewhere; or

(b) the work or performance was first published elsewhere but published in Malaysia within thirty days of such publication elsewhere. 

(4) Where in the first instance a part only of a work or performance is published, that part shall be treated for the purposes of this Act as a separate work or performance, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/5.Controller, Deputy Controllers and Assistant Controllers

5. Controller, Deputy Controllers and Assistant Controllers

(1) The Director General of the Corporation shall be the Controller of Copyright.

(2) The Minister may appoint, on such terms and conditions as the Minister may determine, from amongst any public officers and persons in the employment of the Minister, such number of Deputy Controllers of Copyright, Assistant Controllers of Copyright and other officers as may be necessary for the proper administration of this Act, and may revoke the appointment of any person so appointed or deemed to have been so appointed under subsection (3).

(3) The persons holding office as Deputy Controllers, Assistant Controllers and other officers under this Act before the appointed date shall on the appointed date be deemed to have been appointed as Deputy Controllers, Assistant Controllers and such other officers under subsection(2).

(4) Subject to the general direction and control of the Controller and to such conditions or restrictions as may be imposed by the Controller and subject to section 41a, a Deputy Controller or an Assistant Controller may exercise any function of the Controller under this Act, and anything by this Act appointed or authorized or required to be done or signed by the Controller may be done or signed by any Deputy Controller or Assistant Controller and the act or signature of a Deputy Controller or an Assistant Controller shall be as valid and effectual as if done or signed by the Controller.

(5) The Controller or Deputy Controller may perform all the duties imposed and exercise all the powers conferred on an Assistant Controller under this Act.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/6.No copyright except by virtue of this Act

Part II GENERAL PROVISIONS

6. No copyright except by virtue of this Act

Subject to this Act, no copyright shall subsist otherwise than by virtue of this Act.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/7.Works eligible for copyright

7. Works eligible for copyright

(1) Subject to this section, the following works shall be eligible for copyright:

(a) literary works;

(b) musical works;

(c) artistic works;

(d) films;

(e) sound recordings; and

(f) broadcasts. 

(2) Works shall be protected irrespective of their quality and the purpose for which they were created.

(2a) Copyright protection shall not extend to any idea, procedure, method of operation or mathematical concept as such.

(3) A literary, musical or artistic work shall not be eligible for copyright unless--

(a) sufficient effort has been expended to make the work original in character; and

(b) the work has been written down, recorded or otherwise reduced to material form. 

(4) A work shall not be ineligible for copyright by reason only that the making of the work, or the doing of any act in relation to the work involves an infringement of copyright in some other work.

(5) Copyright shall not subsist under this Act in any design which is registered under any written law relating to industrial design.

(6) (Deleted by Act A1420)

(7) For the purpose of this section, "any written law relating to industrial design" includes:

(a) the United Kingdom Designs (Protection) Act 1949 [Act 214];

(b) the United Kingdom Designs (Protection) Ordinance of Sabah [Sabah Cap. 152]; and

(c) the Designs (United Kingdom) Ordinance of Sarawak [Sarawak Cap. 59]. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/8.Derivative works

8. Derivative works

(1) The following derivative works are protected as original works:

(a) translations, adaptations, arrangements and other transformations of works eligible for copyright; and

(b) collections of works eligible for copyright, or compilation of mere data whether in machine readable or other form, which constitute intellectual creation by reason of the selection and arrangement of their contents. 

(2) Protection of works referred to in subsection (1) shall be without prejudice to any protection of the existing works used.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/9.Copyright in published editions of works

9. Copyright in published editions of works

(1) Copyright shall subsist, subject to the provisions of this Act, in every published edition of any one or more literary, artistic or musical work in the case of which either--

(a) the first publication of the edition took place in Malaysia; or

(b) the publisher of the edition was a qualified person at the date of the first publication thereof: 

Provided that this subsection does not apply to an edition which reproduces the typographical arrangement of a previous edition of the same work or works.

(2) Subject to the provisions of this Act, the publisher of an edition shall be entitled to any copyright subsisting in the edition by virtue of this section.

(3) Subject to the provisions of this Act, the act restricted by the copyright subsisting by virtue of this section in an edition is the making of a reproduction of the typographical arrangement of the edition.

(4) Reproduction of the typographical arrangement of a published edition for any purpose including research, private study, criticism, review or the reporting of news or current events does not infringe the copyright subsisting by virtue of this section if such reproduction is compatible with fair dealing:

Provided that if such reproduction is made public it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast.

(5) The Government, the National Archives, or any State Archives, the National Library, or any State library, or any public libraries and educational, scientific or professional institutions as the Minister may by order prescribe, may reproduce the typographical arrangement of a published edition without infringing the copyright subsisting by virtue of this section if such reproduction is in the public interest and is compatible with fair dealing and the provisions of any regulations.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/10.Qualification for protection

10. Qualification for protection

(1) Copyright shall subsist in every work eligible for copyright of which the author or in the case of a work of joint authorship, any of the authors is, at the time when the work is made, a qualified person.

(2) Copyright shall also subsist in every work which is eligible for copyright and which--

(a) being a literary, musical or artistic work or film or sound recording is first published in Malaysia;

(b) being a work of architecture is erected in Malaysia or being any other artistic work is incorporated in a building located in Malaysia;

(c) being a broadcast is transmitted from Malaysia. 

(3) Notwithstanding subsections (1) and (2), copyright shall subsist, subject to this Act, in every work eligible for copyright if the work is made in Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/10a.Qualification for protection of performer

10a. Qualification for protection of performer

Performers' right shall subsist in every performances of which the performer is--

(a) a citizen or permanent resident of Malaysia; or

(b) not a citizen or permanent resident of Malaysia but whose performance--

(i) takes place in Malaysia;

(ii) is incorporated in sound recordings that are protected under this Act; or

(iii) has not been fixed in a sound recording but is included in a broadcast qualifying for protection under this Act.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/11.Copyright in works of Government, Government organizations and international bodies

11. Copyright in works of Government, Government organizations and international bodies

(1) Copyright shall subsist in every work which is eligible for copyright and which is made by or under the direction or control of the Government and such Government organizations or international bodies as the Minister may by order prescribe.

(2) Section 10 shall not be taken to confer copyright on works to which this section applies.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/12.Administration of Government copyright

12. Administration of Government copyright

Where the copyright in any work is vested in the Government, the Ministry or Department concerned with the copyright shall be responsible for the administration and control of that copyright on behalf of the Government:

Provided that the Ministry or Department concerned may authorize the Director of National Archives to administer and control that copyright on behalf of the Government.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/13.Nature of copyright in literary, musical or artistic works, films and sound recordings

Part III NATURE AND DURATION OF COPYRIGHT

13. Nature of copyright in literary, musical or artistic works, films and sound recordings

(1) Copyright in a literary, musical or artistic work, a film, or a sound recording or a derivative work shall be the exclusive right to control in Malaysia--

(a) the reproduction in any material form;

(aa) the communication to the public;

(b) the performance, showing or playing to the public;

(c) (Deleted by Act A994);

(d) (Deleted by Act A994);

(e) the distribution of copies to the public by sale or other transfer of ownership; and

(f) the commercial rental to the public, of the whole work or a substantial part thereof, either in its original or derivative form provided that--

(A) the exclusive right to control the distribution of copies refer only to the act of putting into circulation copies not previously put into circulation in Malaysia and not to any subsequent distribution of those copies or any subsequent importation of those copies into Malaysia; and

(B) the exclusive right to control commercial rental in relation to films shall only apply when such commercial rental has led to widespread copying of such work materially impairing the exclusive right of reproduction; 

(2) Notwithstanding subsection (1), the right of control under that subsection does not include the right to control--

(a) the doing of any of the acts referred to in subsection (1) by way of fair dealing including for purposes of research, private study, criticism, review or the reporting of news or current events

Provided that it is accompanied by an acknowledgement of the title of the work and its authorship, except that no acknowledgment is required in connection with the reporting of news or current events by means of a sound recording, film or broadcast;

(b) the doing of any of the acts referred to in subsection(1) by way of parody, pastiche or caricature;

(c) the inclusion in a film or broadcast of any artistic work situated in a place where it can be viewed by the public;

(d) the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public;

(e) the incidental inclusion of a work in an artistic work, sound recording, film or broadcast

(f) the inclusion of a work in a broadcast, performance, showing, or playing to the public, collection of literary or musical works, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair practice:

Provided that mention is made of the source and of the name of the author which appears on the work used;

(ff) any use of a work for the purpose of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions

Provided that a reprographic copy of a musical work shall not be made for use by an examination candidate in performing the work;

(g) the reproduction made in schools, universities or educational institutions of a work included in a broadcast intended for such schools, universities or educational institutions;

(gg) the making of a sound recording of a broadcast, or a literary, dramatic or musical work, sound recording or a film included in the broadcast insofar as it consists of sounds if such sound recording of a broadcast is for the private and domestic use of the person by whom the sound recording is made;

(ggg) the making of a film of a broadcast, or a literary, artistic, dramatic or musical work or a film included in the broadcast insofar as it consists of visual images if such making of a film of the broadcast is for the private and domestic use of the person by whom the film is made;

(gggg) the making and issuing of copies of any work into a format to cater for the special needs of people who are visually or hearing impaired and the issuing of such copies to the public by non-profit making bodies or institutions and on such terms as the Minister may determine;

(h) the reading or recitation in public or in a broadcast by one person of any reasonable extract from a published literary work if accompanied by sufficient acknowledgement;

(i) any use made of a work by or under the direction or control of the Government, by the National Archives or any State Archives, by the National Library, or any State library, or by such public libraries and educational, scientific or professional institutions as the Minister may by order prescribe, where such use is in the public interest and is compatible with fair practice and the provisions of any regulations, and--

(i) no profit is derived therefrom; and

(ii) no admission fee is charged for the performance, showing or playing, if any, to the public of the work thus used;

(j) the reproduction of any work by or under the direction or control of a broadcasting service where such reproduction or any copies thereof are intended exclusively for a lawful broadcasting and are destroyed before the end of the period of six calendar months immediately following the making of the reproduction or such longer period as may be agreed between the broadcasting service and the owner of the relevant part of the copyright in the work:

Provided that any reproduction of a work made under this paragraph may, if it is of exceptional documentary character, be preserved in the archives of the broadcasting service which are hereby designated official archives for the purpose, but subject to this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant part of the copyright in the work;

(k) the performance, showing or playing of a work by a non-profit making club or institution where such performance, showing or playing is for charitable or educational purpose and is in a place where no admission fee is charged in respect of such performance, showing or playing;

(l) any use of a work for the purposes of any judicial proceedings, the proceedings of a royal commission, a legislative body, a statutory or Governmental inquiry, or of any report of any such proceedings, or for the purpose of the giving of professional advice by a legal practitioner;

(m) the making of quotations from a published work if they are compatible with fair practice and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries:

Provided that mention is made of the source and of the name of the author which appears on the work thus used;

(n) the reproduction by the press, the broadcasting or the showing to the public of articles published in newspapers or periodicals on current topics, if such reproduction, broadcasting or showing has not been expressly reserved:

Provided that the source is clearly indicated;

(o) the reproduction by the press, the broadcasting or the performance, showing or playing to the public of lectures, addresses and other works of the same nature which are delivered in public if such use is for informatory purposes and has not been expressly reserved

(p) the commercial rental of computer programs, where the program is not the essential object of the rental.

(q) the making of a transient and incidental electronic copy of a work made available on a network if the making of such copy is required for the viewing, listening or utilization of the said work. 

(2A) For the purposes of paragraph (2)(a), in determining whether a dealing constitutes a fair dealing, the factors to be considered shall include--

(a) the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;

(b) the nature of the copyright work;

(c) the amount and substantiality of the portion used in relation to the copyright work as a whole; and

(d) the effect of the dealing upon the potential market for or value of the copyright work.

(3) For the purposes of paragraph (2)(l), "a legislative body" means the Parliament of Malaysia or, in relation to a State, the authority having power under the Constitution of that State to make laws for the State, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/13a.Design documents and models

13a. Design documents and models

(1) It shall not be an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface--

(a) to make an article to the design, or to copy or to reproduce an article made to the design; or

(b) to issue to the public, or include in a film, broadcast or cable programme service, anything the making of which was, by virtue of paragraph (a) , not an infringement of that copyright. 

(2) In this section--

"design"

means the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article, other than surface decoration; and

"design document"

means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/13b.Effect of exploitation of design derived from artistic work

13b. Effect of exploitation of design derived from artistic work

(1) This section applies where an artistic work has been exploited, by or with the licence of the copyright owner, by--

(a) making, by an industrial process or means, articles falling to be treated for the purposes of this Act as copies of the work; and

(b) marketing such articles in Malaysia or elsewhere. 

(2) After the end of the period of twenty-five years from the end of the calendar year in which such articles are first marketed, the work may be copied by making articles of any description, or doing anything for the purpose of making articles of any description, and anything may be done in relation to articles so made, without infringing copyright in the work.

(3) Where only part of an artistic work is exploited as mentioned in subsection (1), subsection(2) applies only in relation to that part.

(4) The Minister may by order make provision--

(a) as to the circumstances in which an article, or any description of article, is to be regarded for the purposes of this section as made by an industrial process or means; and

(b) for excluding from the operation of this section such articles of a primarily literary or artistic character as he thinks fit. 

(5) In this section--

(a) references to articles do not include films; and

(b) references to the marketing of an article shall be construed as references to it being sold or let for hire or offered or exposed for sale or hire. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/13c.Omitted or Deleted Section

13c. Omitted or Deleted Section

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/14.Nature of copyright in works of architecture

14. Nature of copyright in works of architecture

Copyright in a work of architecture shall include the exclusive right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original:

Provided that the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original, of a building to which that copyright relates.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/15.Nature of copyright in broadcasts

15. Nature of copyright in broadcasts

(1) Copyright in a broadcast shall be the exclusive right to control in Malaysia the recording, the reproduction, and the rebroadcasting, of the whole or a substantial part of the broadcast, and the performance, showing or playing to the public in a place where an admission fee is charged of the whole or a substantial part of a television broadcast either in its original form or in any way recognizably derived from the original.

(2) Notwithstanding subsection (1), paragraphs13(2)(a), (g), (gg), (ggg), (gggg), (h) and (o) shall also apply to the copyright in a broadcast.

(3) The copyright in a television broadcast shall include the right to control the taking of still photographs from such broadcasts.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/16.Broadcasting of works incorporated in films

16. Broadcasting of works incorporated in films

(1) Where the owner of the copyright in any literary, musical or artistic work authorizes a person to incorporate the work in a film and a broadcasting service broadcasts the film in the absence of any express agreement to the contrary between such owner and person, it shall be deemed that the owner of the copyright authorized the broadcast.

(2) Notwithstanding subsection (1), where a broadcasting service broadcasts a film in which a literary, musical or artistic work is incorporated, the owner of the right to broadcast the literary, musical or artistic work shall be entitled to receive fair compensation from the broadcasting service.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/16a.Nature of performers' right

16a. Nature of performers' right

(1) Performers' right shall be the exclusive right to control in Malaysia--

(a) the communication to the public of a performance, except where the performance used in such communication is itself a live broadcast performance;

(b) the fixation of an unfixed performance;

(c) the reproduction of the fixation of a performance ;

(d) the first distribution to the public of a fixation of a performance, or copies thereof, through sale or other transfer of ownership; and

(e) the commercial rental to the public of a fixation of a performance, or copies thereof, irrespective of the ownership of the copy rented. 

(2) A performer shall cease to have the exclusive right under paragraph (1)(b) once he has given consent to the fixation of his performance.

(3) Notwithstanding subsection (1), the right to control under that subsection does not include the right to control--

(a) a direct or an indirect sound recording or an indirect film of a performance--

(i) being a sound recording or film made solely for the purpose of the private and domestic use of the person who made it; or

(ii) being a sound recording or film made solely for the purpose of use in scientific research;

(b) a direct or indirect sound recording or film of a performance--

(i) made for the purpose of, or associated with, the reporting of news or current events;

(ii) made for the purpose of criticism or review; or

(iii) made for the purpose of a judicial proceeding, a proceeding of a royal commission or legislative body, a statutory or Governmental inquiry, or the report of any such proceeding or inquiry, or for the purpose of the giving of professional advice by a legal practitioner;

(c) an indirect sound recording or film of a performance--

(i) being a sound recording or film made by, or on behalf of, the body administering an educational institution solely for the educational purposes of that institution or of another educational institution; or

(ii) being a sound recording or film made by, or on behalf of, the body administering an institution assisting persons with a print disability solely for the purpose of the provision, whether by the institution or otherwise, of assistance to persons with a visual, aural, intellectual and print disability;

(d) a direct sound recording or film of a performance made by or under the direction or control of a broadcasting service who has the consent of the performer to broadcast the performance, and such recording or film is destroyed before the end of the period of six months immediately following the making of the recording or film or such longer period as may be agreed between the broadcasting service and the performer;

(e) a direct or an indirect sound recording or an indirect film ???of a performance made by a person who reasonably believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorized the making of the recording by the person;

(f) a copy of a sound recording or film referred to in paragraphs (a), (b), (c) and (d), being a copy made solely for a purpose referred to in any of those paragraphs;

(g) a copy of a sound recording or film referred to in paragraph (e), being a copy made solely for the purpose referred to in that paragraph; and

(h) a copy of a sound recording or film referred to in paragraph (f), being a copy made--

(i) by a person who believes, due to a fraudulent or innocent representation made to the person, that the performer has consented to the making of the copy; or

(ii) solely for a purpose referred to in paragraphs (a), (b),(c) and(d).

(4) For the purpose of this section--

"direct"

in relation to a sound recording or film of a performance, means made directly from a performance;

"indirect"

in relation to a sound recording or film of a performance, means made from a broadcast or re-broadcast of the performance.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/16b.Equitable remuneration

16b. Equitable remuneration

(1) Where a sound recording is published for commercial purposes or a reproduction of such recording is publicly performed or used directly for broadcast or other communication to the public, an equitable remuneration for the performance shall be payable to the performer by the user of the sound recording.

(2) Remuneration shall not be considered inequitable merely because it was paid by way of single payment or at the time of the transfer of the rental right.

(3) Nothing in this section shall be construed so as to deprive a performer of the right to agree by contract on terms and conditions more favourable for him in respect of his performance.

(3A) In the absence of a contract on the equitable remuneration payable under subsection (1), the performer may apply to the Tribunal to determine the amount payable as equitable remuneration.

(3B) The performer may also apply to the Tribunal--

(a) to vary any contract as to the amount payable as equitable remuneration; or

(b) to vary any previous determination of the Tribunal relating to the equitable remuneration. 

(3C) An application by a performer under paragraph (3B)(b) may only be made within twelve months from the date of a previous determination, unless special leave by the Tribunal has been obtained.

(3D) On an application under this section, the Tribunal shall consider the matter and make such order as to the method of calculation and payment of equitable remuneration as it may determine to be reasonable in the circumstances, taking into account the importance of the contribution of the performer to the sound recording.

(3E) A contract is of no effect in so far as it purports to prevent a performer questioning the amount of equitable remuneration or to restrict the powers of the Tribunal under this section.

(4) For the purpose of this section "published for commercial purpose" means the sound recording has been made available to the public by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them;

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/17.Duration of copyright in literary, musical or artistic works

17. Duration of copyright in literary, musical or artistic works

(1) Except as otherwise provided in this Act, copyright in any literary, musical or artistic work which subsists in such work under this Act shall subsist during the life of the author and shall continue to subsist until the expiry of a period of fifty years after his death.

(2) Where a literary, musical or artistic work had not been published before the death of the author, copyright which subsists in such work under this Act shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the work was first published.

(3) Where a literary, musical or artistic work is published anonymously or under a pseudonym, copyright which subsists in such work under this Act shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the work was first published or first made available to the public or made, whichever is the latest:

Provided that in the event of the identity of the author becoming known, the duration of copyright shall be calculated in accordance with subsection (1).

(4) In this section, a reference to "author" shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/18.Duration of copyright in published editions

18. Duration of copyright in published editions

Copyright which subsists in a published edition under this Act shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the edition was first published.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/19.Duration of copyright in sound recording

19. Duration of copyright in sound recording

Copyright which subsists in a sound recording under this Act shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the recording was first published or, if the sound recording has not been published, from the beginning of the calendar year following the year of fixation.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/20.Duration of copyright in broadcasts

20. Duration of copyright in broadcasts

Copyright which subsists in a broadcast under this Act shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the broadcast was first made.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/21.Omitted or Deleted Section

21. Omitted or Deleted Section

(Deleted by Act A994).

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/22.Duration of copyright in film

22. Duration of copyright in film

Copyright which subsists in a film under this Act shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the film was first published.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/23.Duration of copyright in works of Government, Government organizations and international bodies

23. Duration of copyright in works of Government, Government organizations and international bodies

Copyright which subsists in works of the Government, Government organizations and international bodies under this Act shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the work was first published.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/23a.Duration of performers' rights

23a. Duration of performers' rights

Rights in a performance which subsists under this Act shall continue to subsists until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the performance was given or was fixed in a sound recording.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/23b.Duration of an equitable remuneration

23b. Duration of an equitable remuneration

The right to equitable remuneration shall subsist from the time the sound recording is published until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year of publication or, if the sound recording has not been published, from the time of fixation of the sound recording until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year of the fixation.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/24.Omitted or Deleted Section

24. Omitted or Deleted Section

(Deleted by Act A775).

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/25.Moral rights

25. Moral rights

(1) For the purposes of this section, the word "name" includes initials or monograms.

(2) Subject to this section, where copyright subsists in a work, no person may, without the consent of the author, or, after the author's death, of his personal representative, do or authorize the doing of any of the following acts:

(a) the presentation of the work, by any means whatsoever, without identifying the author or under a name other than that of the author; and

(b) the distortion, mutilation or other modification of the work if the distortion, mutilation or modification--

(i) significantly alters the work; and

(ii)is such that it might reasonably be regarded as adversely affecting the author's honour or reputation.

(3) Where a person is authorized, whether by virtue of an assignment, a licence or otherwise, to publish, reproduce, perform in public broadcast or communicate by cable a work, that person may make modifications to the work if it would be reasonable to expect that the authorized publication, reproduction, public performance or communicate to the public, as the case may be, could not take place without the modifications; but nothing in this subsection shall authorize a modification to a work which would constitute a contravention of subsection(2).

(4) The author or, after his death, his personal representative, may exercise the rights conferred by this section notwithstanding that the copyright in the work is not at the time of the act complained of, vested in the author or personal representative, as the case may be.

(5) Any contravention or threatened contravention of this section in respect of a work shall be actionable at the suit of the author of the work or, if he is dead, at the suit of his personal representative, as a breach of statutory duty.

(6) Any damages recovered under this section by a personal representative in respect of a contravention committed in relation to a work after the death of the author of the work shall devolve as part of the author's estate, as if the right of action had subsisted and had been vested in him immediately before his death.

(7) Where in an action brought under this section a contravention of the restrictions imposed by this section is proved or admitted, the court may order the offender to publish such correction in such manner as the court may direct.

(8) Nothing in this section shall derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than by virtue of this section; but this subsection shall not be construed as requiring any damages recovered by virtue of this section to be disregarded in assessing damages in any proceedings instituted otherwise than by virtue of this section and arising out of the same transaction.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/25a.Moral rights of a performer

25a. Moral rights of a performer

(1) A performer shall, as regards his performance or performance fixed in phonogram, have the right--

(a) to claim to be identified as the performer of his performance, except where omission is dictated by the manner of the use of the performance; and

(b) to object to any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation. 

(2) The rights granted to a performer under subsection(1) shall, after his death, be maintained and shall be exercisable by the persons or institutions authorized by the performer.

(3) For the purpose of this section, "phonogram" means the fixation of the sounds of a performance or of other sounds or of a representation of the sounds, other than in the form of a fixation incorporated in a film or other audiovisual work.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/26.First ownership of copyright

Part IV OWNERSHIP AND ASSIGNMENT OF COPYRIGHT

26. First ownership of copyright

(1) Copyright conferred by section10 shall vest initially in the author.

(2) Notwithstanding subsection 27(6), where a work--

(a) is commissioned by a person who is not the author's employer under a contract of service or apprenticeship; or

(b) not having been so commissioned, is made in the course of the author's employment, the copyright shall be deemed to be transferred to the person who commissioned the work or the author's employer, subject to any agreement between the parties excluding or limiting such transfer.

(3) Copyright conferred by section 11 shall vest initially in the Government, Government organization or international body and not in the author.

(4) Subject to subsection (3)--

(a) the name on a work purporting to be the name of its author shall be considered as such, unless the contrary is proved;

(b) in the case of an anonymous or pseudonymous work, the publisher whose name is indicated in the work as such shall be deemed to be, unless the contrary is proved, the legal representative of the anonymous or pseudonymous author and shall be entitled to exercise and protect the rights belonging to the author under this Act;

(c) in the case of unpublished work where the identity of the author is unknown, but where there is every reason to presume that he is a citizen of Malaysia, the copyright conferred by this Act shall be deemed to vest in the Minister charged with the responsibility for culture. 

(5) Paragraphs (4)(b) and (c) shall cease to apply when the identity of the author becomes known.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/26a.Voluntary notification of copyright.

26a. Voluntary notification of copyright.

(1) A notification of copyright in any work may be made to the Controller by or on behalf of the author of the work, the owner of the copyright in the work, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence.

(2) A notification of copyright shall not be entertained unless the prescribed fee has been paid to the Controller. 

(3) A notification of copyright shall contain the following particulars:

(a) the name, address and nationality of the owner of the copyright;

(b) a statutory declaration that the applicant is the author of the work, or the owner of the copyright in the work, or an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence;

(c) the category of the work;

(d) the title of the work;

(e) the name of the author and, if the author is dead, the date of the author's death, if known;

(f) in the case of a published work, the date and place of the first publication; and

(g) any other information as the Minister may determine.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/26b.Register of Copyright.

26b. Register of Copyright.

(1) The Controller shall keep and maintain a register called the Register of Copyright.

(2) The Register of Copyright shall contain all such particulars relating to a copyright in a work as notified to the Controller under section 26A. 

(3) The Register of Copyright shall be kept in such form and on such medium as the Minister may determine.

(4) Any person may examine the Register of Copyright at such times and upon such conditions as may be determined by the Minister, and may obtain certified extracts from the Register on payment of the prescribed fee.

(5) The Controller or Deputy Controller may certify true extracts from the Register of Copyright which shall be prima facie evidence of the particulars entered therein and such certified extracts of the Register of Copyright shall be admissible in all courts.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/26c.Voluntary notification of copyright.

26c. Voluntary notification of copyright.

(1) The Controller may correct any clerical error in any entry made in the Register of Copyright. 

(2) Any interested person may apply to the court for an order to--

(a) correct any error in an entry in the Register; or

(b) expunge or amend any entry wrongly made in or remaining in the Register and any correction, expungement or amendment made under this section shall be effective from such date as the court may order.

(3) For the purpose of this section, "court" means the appropriate High Court in Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27.Assignment, licences and testamentary disposition

27. Assignment, licences and testamentary disposition

(1) Subject to this section, copyright shall be transferable by assignment, testamentary disposition, or by operation of law, as movable property.

(2) An assignment or testamentary disposition of copyright may be limited so as to apply only to some of the acts which the owner of the copyright has the exclusive right to control, or to only part of the period of the copyright, or to a specified country or other geographical area.

(3) No assignment of copyright and no licence to do an act the doing of which is controlled by copyright shall have effect unless it is in writing.

(4) An assignment or licence granted by one copyright owner shall have effect as if the assignment or licence is also granted by his co-owner or co-owners, and subject to any agreement between the co-owners, fees received by any of the owners shall be divided equally between all the co-owners.

(5) For the purposes of this section, persons shall be deemed to be co-owners if they share a joint interest in the whole or any part of a copyright.

(6) An assignment, licence or testamentary disposition may be effectively granted or made in respect of a future work, or an existing work in which copyright does not yet subsist, and the future copyright in any such work shall be transferable by operation of law as movable property.

(7) Where under a testamentary disposition, whether specific or general, a person is entitled beneficially or otherwise, to the manuscript of a literary or musical work, or to an artistic work, and the work has not been published before the death of the testator, the testamentary disposition shall, unless a contrary intention is indicated in the testator's will or a codicil thereto, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27a.Licensing body

Part IVA COPYRIGHT LICENSING

27a. Licensing body

(1) A society or an organization which intends to operate as a licensing body for copyright owners or for a specified class of copyright owners shall apply to the Controller to be declared as a licensing body.

(2) An application for a declaration shall be made in such form and on such medium as the Controller may determine which shall contain the following information:

(a) the applicant's constituent document, which has as its main object, or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of copyright licences, and whose objects also include the granting of licences covering works of more than one author; and

(b) the list of copyright owners or their agents who are members of the applicant. 

(3) Upon receipt of an application, the Controller may declare an applicant to be a licensing body and issue a declaration in writing to that effect to the said applicant.

(4) Notwithstanding subsection (3), the Controller shall refuse an application if the information provided by the applicant pursuant to subsection (2) is insufficient or unsatisfactory to show that the applicant is fit and proper to be a licensing body. 

(5) The licensing body shall provide the Controller with a copy of its profit and loss account, balance sheet and auditor's report which are tabled at the licensing body's annual general meeting not later than one month after the date of the annual general meeting.

(6) The Controller may revoke a declaration given to a licensing body if he is satisfied that the licensing body--

(a) is not functioning adequately as a licensing body;

(b) no longer has the authority to act on behalf of all its members;

(c) is not acting in accordance with its rules or in the best interests of its members, or their agents;

(d) has altered its rules so that it no longer complies with any provision of this Act;

(e) has refused, or failed, without reasonable excuse, to comply with the provisions of this Act; or

(f) has been dissolved. 

(7) A licensing body which is aggrieved by the decision of the Controller under subsection (6) may appeal to the Tribunal within one month from the date of the decision. 

(8) Any society or organization which operates as a licensing body without obtaining a declaration under subsection (1) or any licensing body which does not comply with the provisions of subsection (5) commits an offence and shall upon conviction be liable to a fine not exceeding five hundred thousand ringgit..

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27aa.Licensing schemes to which sections 27B to 27G apply

27aa. Licensing schemes to which sections 27B to 27G apply

(1) Sections 27B to 27G shall apply to licensing schemes operated by licensing bodies in relation to the copyright in any work, so far as they relate to licences for--

(a) reproducing the work;

(b) performing, showing or playing the work in public

(c) communicating the work to the public;

(d) rebroadcasting the work;

(e) the commercial rental of the work to the public; or

(f) making adaptation of the work. 

(2) For the purposes of sections 27B to 27G, "licensing scheme" means any of the licensing schemes described in subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27b.Reference of proposed licensing scheme to Tribunal

27b. Reference of proposed licensing scheme to Tribunal

(1) The terms of a licensing scheme proposed to be operated by a licensing body may be referred to the Tribunal by any organization claiming to be representative of persons claiming that they require licences in cases of a description to which the licensing scheme would apply, either generally or in relation to any description of case.

(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.

(3) If the Tribunal decides to entertain the reference, it shall consider the matter referred and make such order, either confirming or varying the proposed licensing scheme, either generally or so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.

(4) An order under subsection (3) may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27c.Reference of licensing scheme to Tribunal

27c. Reference of licensing scheme to Tribunal

(1) If while a licensing scheme is in operation a dispute arises between the operator of the licensing scheme and--

(a) a person claiming that he requires a licence in a case of a description to which the licensing scheme applies;

(b) an organization claiming to be representative of such persons; or

(c) a person who has been granted a licence to which the licensing scheme applies, that operator person or organization may refer the licensing scheme to the Tribunal in so far as it relates to cases of that description.

(2) A licensing scheme which has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.

(3) The Tribunal shall consider the matter in dispute and make such order, either confirming or varying the licensing scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.

(4) An order under subsection (3) may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27d.Further reference of licensing scheme to Tribunal

27d. Further reference of licensing scheme to Tribunal

(1) Subject to subsection (2), where the Tribunal has on a previous reference of a licensing scheme under section 27b or 27c or under this section made an order with respect to the licensing scheme, then, while the order remains in force--

(a) the operator of the licensing scheme;

(b) a person claiming that he requires a licence in a case of the description to which the order applies;

(c) an organization claiming to be representative of such persons; or

(d) a person who has been granted a licence to which the licensing scheme applies, may again refer the licensing scheme to the Tribunal so far as it relates to cases of that description.

(2) A licensing scheme shall not, except with the special leave of the Tribunal, be again referred to the Tribunal in respect of the same description of cases--

(a) within twelve months from the date of the order on the previous reference; or

(b) if the order was made so as to be in force for fifteen months or less, until the last three months before the expiry of the order. 

(3) A licensing scheme which has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.

(4) The Tribunal shall consider the matter in dispute and make such order, either confirming, varying or further varying the licensing scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27e.Application for grant of licence in connection with licensing scheme

27e. Application for grant of licence in connection with licensing scheme

(1) A person who claims, in a case covered by a licensing scheme, that the operator of the licensing scheme--

(a) has refused to grant him or procure the grant to him of a licence in accordance with the licensing scheme; or

(b)has failed to grant him or procure the grant to him of a licence in accordance with the licensing scheme within a reasonable time after being asked, 

may apply to the Tribunal for an order under subsection (4).

(2) A person who claims, in a case excluded from a licensing scheme, that the operator of the licensing scheme either--

(a) has refused to grant him a licence or procure the grant to him of a licence, or has failed to do so within a reasonable time of being asked, and that in the circumstances it is unreasonable that a licence should not be granted; or

(b) proposes terms for a licence which are unreasonable, may apply to the Tribunal for an order under subsection (4).

(3) A case shall be regarded as excluded from a licensing scheme for the purposes of subsection (2) if--

(a) the licensing scheme provides for the grant of licences subject to terms excepting matters from the licence and the case falls within such an exception; or

(b) the case is so similar to those in which licences are granted under the licensing scheme that it is unreasonable that it should not be dealt with in the same way. 

(4) If the Tribunal is satisfied that the claim is well-founded, it shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Tribunal may determine to be applicable in accordance with the licensing scheme or, as the case may be, to be reasonable in the circumstances.

(5) An order under subsection (4) may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27f.Application for review of order as to entitlement to licence

27f. Application for review of order as to entitlement to licence

(1) Where the Tribunal has made an order under section 27e that a person is entitled to a licence under a licensing scheme, the operator of the licensing scheme or the original applicant may apply to the Tribunal to review its order.

(2) An application shall not be made, except with the special leave of the Tribunal,--

(a) within twelve months from the date of the order, or of the decision on a previous application under this section; or

(b) if the order was made so as to be in force for fifteen months or less, or as a result of the decision on a previous application under this section which is due to expire within fifteen months of that decision, until the last three months before the expiry of the order. 

(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27g.Effect of order of Tribunal as to licensing scheme

27g. Effect of order of Tribunal as to licensing scheme

(1) A licensing scheme which has been confirmed or varied by the Tribunal under section 27b, 27c or 27d shall be in force or, as the case may be, remain in operation, so far as it relates to the description of case in respect of which the order was made, so long as the order remains in force.

(2) While the order is in force a person, who in a case of a class to which the order applies, shall--

(a) pay to the operator of the licensing scheme any charges payable under the licensing scheme in respect of a licence covering the case in question or, if the amount cannot be ascertained, give an undertaking to the operator to pay the charges when ascertained; and

(b) comply with the other terms applicable to such a licence under the licensing scheme; and

(c) be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question in accordance with the licensing scheme. 

(3) The Tribunal may direct that the order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference was made or, if later, on which the licensing scheme came into operation.

(4) Where a direction is made under subsection (3)--

(a) any necessary repayments, or further payments, shall be made in respect of charges already paid or payable; and

(b) the reference in paragraph (2)(a) to the charges payable under the licensing scheme shall be construed as a reference to the charges so payable by virtue of the order. 

(5) Where the Tribunal has made an order under section27e and the order remains in force, the person in whose favour the order is made shall, if he--

(a) pay to the operator of the licensing scheme any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained; and

(b) complies with the other terms specified in the order, be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27h.Licences to which sections 27i to 27l apply

27h. Licences to which sections 27i to 27l apply

Sections 27i to 27l shall apply to the following descriptions of licence granted by a licensing body otherwise than in pursuance of a licensing scheme:

(a) licences relating to the copyright in literary or musical works which cover works of more than one author, so far as they authorize--

(i) reproducing the work;

(ii) performing, showing or playing the work in public;

(iii) communicating the work to the public; or

(iv) distributing the work to the public; and

(b) licences relating to the copyright in any other works, so far as they authorize--

(i) making copies of the work;

(ii) performing, showing or playing the work in public;

(iii) communicating the work to the public; or

(iv) causing the work to be publicly performed, shown or played, and in those sections, a "licence" means a licence of any of those descriptions.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27i.Reference to Tribunal of terms of proposed licence

27i. Reference to Tribunal of terms of proposed licence

(1) The terms on which a licensing body proposes to grant a licence may be referred to the Tribunal by the prospective licensee.

(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.

(3) If the Tribunal decides to entertain the reference, it shall consider the terms of the proposed licence and make such order, either confirming or varying the terms, as the Tribunal may determine to be reasonable in the circumstances.

(4) An order under subsection (3) may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27j.Reference to Tribunal of expiring licence

27j. Reference to Tribunal of expiring licence

(1) A licensee under a licence which is due to expire, by effluxion of time or as a result of notice given by the licensing body, may apply to the Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.

(2) Such an application may not be made until the last three months before the licence is due to expire.

(3) A licence in respect of which a reference has been made to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.

(4) If the Tribunal finds the application to be well-founded, it shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as the Tribunal may determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27k.Application for review of order as to licence

27k. Application for review of order as to licence

(1) Where the Tribunal has made an order under section 27i or 27j, the licensing body or the person entitled to the benefit of the order may apply to the Tribunal to review its order.

(2) An application shall not be made, except with the special leave of the Tribunal,--

(a) within twelve months from the date of the order, or of the decision on a previous application under this section; or

(b) if the order was made so as to be in force for fifteen months or less, or as a result of the decision on a previous application under this section which is due to expire within fifteen months of that decision, until the last three months before the expiry of the order. 

(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable in the circumstances.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/27l.Effect of order of Tribunal as to licence

27l. Effect of order of Tribunal as to licence

(1) Where the Tribunal has made an order under section 27i or 27j and the order remains in force, the person entitled to the benefit of the order shall, if he--

(a) pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained; and

(b) complies with the other terms specified in the order, be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.

(2) The benefit of the order may be assigned--

(a) in the case of an order under section 27i, if assignment is not prohibited under the terms of the Tribunal's order; and

(b) in the case of an order under section 27j, if assignment is not prohibited under the terms of the original licence. 

(3) The Tribunal may direct that an order under section27i or 27j, or an order under section 27k varying such an order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire.

(4) Where a direction is made under subsection (3)--

(a) any necessary repayments, or further payments, shall be made in respect of charges already paid or payable; and

(b) the reference in paragraph (1)(a) to the charges payable in accordance with the order shall be construed, where the order is varied by a later order, as a reference to the charges so payable by virtue of the later order. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/28.Establishment and powers of Copyright Tribunal

Part V COPYRIGHT TRIBUNAL

28. Establishment and powers of Copyright Tribunal

(1) There shall be established a tribunal to be known as the Copyright Tribunal.

(2) The Tribunal shall have the power to decide on the following matters:

(a) an application by a performer under section 16B;

(b) any reference by an operator, a person or an organization referred to in Part IVA;

(c) an appeal by a licensing body under subsection 27A(8); and

(d) the exercise of the power under section 31. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/29.Appointment of Chairman and members of Tribunal

29. Appointment of Chairman and members of Tribunal

(1) The Tribunal shall consist of the following persons who shall be appointed by the Minister:

(a) a Chairman;

(b) five Deputy Chairman; and

(c) twelve persons whom the Minister considers fit and proper to be members of the Tribunal.