Home » Malaysia – Copyright Act 1987

Malaysia – Copyright Act 1987

Copyright 1 LAWS OF MALAYSIA REPRINT Act 332 COPYRIGHT ACT 1987 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 COPYRIGHT ACT 1987 Date of Royal Assent … … … … … 30 April 1987 21 May 1987 Date of publication in the Gazette … … PREVIOUS REPRINT First Reprint … … … … … 2001 3 LAWS OF MALAYSIA Act 332 COPYRIGHT ACT 1987 ARRANGEMENT OF SECTIONS PART I PRELIMINARY

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Section 1. 2. 3. 4. 5. Short title, application and commencement Extent of application Interpretation Publication Controller, Deputy Controllers and Assistant Controllers PART II GENERAL PROVISIONS 6. 7. 8. 9. 10. 11. 12. No copyright except by virtue of this Act Works eligible for copyright Derivative works Copyright in published editions of works Qualification for protection Copyright in works of Government, Government organizations and international bodies Administration of Government copyright PART III NATURE AND DURATION OF COPYRIGHT 0 A. Qualification for protection of performer 13. Nature of copyright in literary, musical or artistic works, films and sound recordings 4 Section Laws of Malaysia 13A. Design documents and models 13B. Effect of exploitation of design derived from artistic work 13C. Things done in reliance on registration of design 14. 15. 16. Nature of copyright in works of architecture Nature of copyright in broadcasts Broadcasting of works incorporated in films ACT 332 16A. Nature of performers’ right 16B. Equitable remuneration 17. 18. 19. 0. 21. 22. 23. Duration of copyright in literary, musical or artistic works Duration of copyright in published editions Duration of copyright in sound recording Duration of copyright in broadcasts (Deleted) Duration of copyright in films Duration of copyright in works of Government, Government organizations and international bodies 23A. Duration of performers’ rights 23B. Duration of an equitable remuneration 24. 25. (Deleted) Moral rights 25A. Moral right of a performer PART IV OWNERSHIP AND ASSIGNMENT OF COPYRIGHT 26. 27.

First ownership of copyright Assignment, licences and testamentary disposition PART IV A COPYRIGHT LICENSING 27A. 27B. 27C. Licensing schemes to which sections 27B to 27G apply Reference of proposed licensing scheme to Tribunal Reference of licensing scheme to Tribunal Copyright Section 5 27 D. Further reference of licensing scheme to Tribunal 27E. Application for grant of licence in connection with licensing scheme 27 F. Application for review of order as to entitlement to licence 27 G. Effect of order of Tribunal as to licensing scheme 27 H. Licences to which sections 27I to 27 L apply 27I .

Reference to Tribunal of terms of proposed licence 27 J. Reference to Tribunal of expiring licence 27 K. Application for review of order as to licence 27L. Effect of order of Tribunal as to licence P ART V COPYRIGHT TRIBUNAL 28. 29. 30. 31. 32. 33. 34. 35. Establishment of Copyright Tribunal Appointment of Chairman and members of Tribunal Proceedings before the Tribunal Licence to produce and publish translation (Deleted) Tribunal may request for information No action to lie against Tribunal Regulations relating to Tribunal PART VI REMEDIES FOR INFRINGEMENTS AND OFFENCES 36. 7. 38. 39. 40. 41. Infringements Action by owner of copyright and relief Proceedings in case of copyright subject to exclusive licence Restriction on importation of infringing copies Back-up copy of computer program Offences 30 A. Reference of questions of law to High Court 39 A. Application of sections 36, 37, 38 and 39 to performers’ right 41 A. Compounding of offences 6 Section Laws of Malaysia 42. 43. Affidavit admissible in evidence Penalty PART VII ENFORCEMENT 44. 45. 46. 47. 48. 49. 0. 51. 52. 53. 54. 55. 56. 57. Entry by warrant or otherwise Effecting entry, removal and detention List of things seized Sealing of things Obstruction to search, etc. Warrant admissible notwithstanding defects, etc. Powers of investigation Admissibility of statement Disclosure of information Institution of prosecution Forfeiture of articles Proportional examination of articles seized to be accepted Protection of informers from discovery Protection of Assistant Controllers and police officers

ACT 332 50A. Power of arrest PART VIII MISCELLANEOUS 58. 59. (Deleted) Regulations 59A. Extension of application of Act 59B. Power of Minister to exclude from definition of “broadcast” 60. 61. Savings Repeal Copyright LAWS OF MALAYSIA Act 332 COPYRIGHT ACT 1987 7 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 onsent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (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. Extent of application 2. (1) Subject to this section and section 59A 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. 8 Laws of Malaysia ACT 332 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. Interpretation 3.

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 eans 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; Copyright 9 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; 10 Laws of Malaysia ACT 332 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 live performance through wire or wireless means to the public, including the making available of a work or live performance to the public in such a way that members of the public may access the work or live 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); Copyright 11 “copy” means a reproduction of a work in written form, in the form of a ecording 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 subsection 5(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 soundtrack 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; “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; 12 Laws of Malaysia ACT 332 “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 opyright, 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 live 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 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 include the granting of licences covering works of more than one author; “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; Copyright 13 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; “live 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 mprovised 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; 14 Laws of Malaysia ACT 332 ii) any live performance of a sporting activity; or (iii) a participation in a live 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 a person who performs a live performance under this Act; “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 Copyright 15 ervice, 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 Peninsular 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 twodimensional 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 soundtrack associated with a film; “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. Publication 4. (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; 16 Laws of Malaysia ACT 332 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 live performance shall be deemed to have been published only if a copy or copies of the fixed live 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 live performance was first published in Malaysia and not elsewhere; or (b) the work or live 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 live performance is published, that part shall be treated for the purposes of this Act as a separate work or live performance, as the case may be. Controller, Deputy Controllers and Assistant Controllers 5. (1) The Director General of the Corporation shall be the Controller of Copyright. 2) The Corporation may appoint, on such terms and conditions as it may determine, from amongst any public officers and persons in the employment of the Corporation, such number of Deputy Copyright 17 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. PART II GENERAL PROVISIONS No copyright except by virtue of this Act 6. Subject to this Act, no copyright shall subsist otherwise than by virtue of this Act. Works eligible for copyright 7. (1) Subject to this section, the following works shall be eligible for copyright: (a) literary works; (b) musical works; (c) artistic works; (d) films; 18 Laws of Malaysia (e) sound recordings; and (f) broadcasts. ACT 332 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) Copyright in any design which is capable of being registered under any written law relating to industrial design, but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his license, by any other person. (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. 52]; and (c) the Designs (United Kingdom) Ordinance of Sarawak [SWK Cap. 59]. Copyright Derivative works 19 8. (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 or collections of mere data, whether in machine readable or other form, eligible for copyright which, by reason of the selection and arrangement of their contents, constitute intellectual creation. (2) Protection of works referred to in subsection (1) shall be without prejudice to any protection of the existing works used. Copyright in published editions of works 9. 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 the purposes of research, private study, criticism, review or the reporting of current events does not infringe the copyright subsisting by virtue of this section if such reproduction is compatible with fair dealing: 20 Laws of Malaysia ACT 332 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. Qualification for protection 10. (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. Qualification for protection of performer 10A. Performers’ right shall subsist in every live 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— Copyright (i) takes place in Malaysia; 21 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. Copyright in works of Government, Government organizations and international bodies 11. (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. Administration of Government copyright 12.

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. PART III NATURE AND DURATION OF COPYRIGHT Nature of copyright in literary, musical or artistic works, films and sound recordings 13. (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; 22

Laws of Malaysia (aa) the communication to the public; (b) (c) (d) (e) (f) ACT 332 the performance, showing or playing to the public; (Deleted by Act A994); (Deleted by Act A994); the distribution of copies to the public by sale or other transfer of ownership; and the commercial rental to the public, of the whole work or a substantial part thereof, either in its original or derivative form provided that, without prejudice to paragraph (e), 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. 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 for purposes of non-profit research, private study, criticism, review or the reporting of current events, subject to the condition that if such use is public, it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is in connection with the doing of any of such acts for the purposes of non-profit research, private study and the reporting of 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; Copyright 23 (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 ilm, 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 recording 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 of copies of television broadcasts which are subtitled or otherwise modified for people who are deaf or hard of hearing, or physically or mentally handicapped in other ways and the issuing of such copies to the public by non-profit making bodies or institutions which the Minister may, by order, prescribe; (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; 24 Laws of Malaysia ACT 332 (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, cientific 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 wholly-owned by the Government 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 nonprofit 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; Copyright 25 (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 eproduction 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; and (p) the commercial rental of computer programs, where the program is not the essential object of the rental. (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. Design documents and models 13A. 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. 26 (2) In this section— Laws of Malaysia ACT 332 “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. Effect of exploitation of design derived from artistic work 13B. 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 section and sections 13A and 13C as copies of the work; and (b) marketing such articles in Malaysia or elsewhere. (2) Without prejudice to subsection 7(6), 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. Copyright (5) In this section— (a) references to articles do not include films; and 27 (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. Things done in reliance on registration of design 13C. (1) The copyright in an artistic work is not infringed by anything done— (a) in pursuance of an assignment or licence made or granted by a person registered under the Registered Designs Act 1949 of the United Kingdom [12, 13 & 14 Geo. VI c. 8] or under any written law enforced in Malaysia at the material time as the proprietor or owner of a corresponding design; and (b) in good faith in reliance on the registration and without notice of any proceedings for the cancellation of the registration or for rectifying the relevant entry in the register of designs, notwithstanding any defect that may afterwards be discovered in the registration. (2) In subsection (1) a “corresponding design”, in relation to an artistic work, means a design or an industrial design, as the case may be, within the meaning of the Registered Designs Act 1949 of the United Kingdom or any written law enforced in Malaysia at the material time which if applied to an article would produce something which would be treated for the purposes of this section and sections 13A and 13B as a copy of the artistic work. 3) For the purpose of this section, “any written law enforced in Malaysia at the material time” includes— (a) the United Kingdom Designs (Protection) Act 1949; (b) the United Kingdom Designs (Protection) Ordinance of Sabah; and (c) the Designs (United Kingdom) Ordinance of Sarawak. 28 Laws of Malaysia ACT 332 Nature of copyright in works of architecture 14. 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. Nature of copyright in broadcasts 15. 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 13(1), paragraphs 13(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. Broadcasting of works incorporated in films 16. 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. Copyright Nature of performers’ right 29 16A. 1) Performers’ right shall be the exclusive right to control in Malaysia— (a) the communication to the public of a live performance, except where the live 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 live performance if— (i) the fixation itself was done without the performer’s consent; (ii) the reproduction is made for purposes different from those for which the performer gave consent; or (iii) the fixation was made in accordance with subsection (3), and the reproduction is made for purposes different from those referred to in these provisions; (d) the first making available to the public of a fixation of a live performance, or copies thereof, through sale or other transfer of ownership; and (e) rental to the public of a fixation of a live performance, or copies thereof, irrespective of the ownership of the copy rented. (2) A performer shall cease to have the exclusive right under subsection (1) once has given consent to the fixation of his live 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 live 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 30 Laws of Malaysia ACT 332 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 live performance— (i) made for the purpose of, or associated with, the reporting of news or current affairs; (ii) made for the purpose of criticism or review; or (iii) made solely for the purpose of a judicial proceeding or the giving of professional advice by a legal practitioner; (c) an indirect sound recording or film of a live 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 live performance made by a broadcaster who has the consent of the performer to broadcast the live performance, being a recording made solely for the purpose of making that broadcast provided that it is destroyed before the end of the period of twelve months beginning on the day on which any of those copies is first used for broadcasting the live performance; (e) a direct or an indirect sound recording or an indirect film of a live 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; Copyright 31 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 live performance, means made directly from a live performance; “indirect” in relation to a sound recording or film of a live performance, means made from a broadcast or re-broadcast of the live performance. Equitable remuneration 16B. 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 live performance. 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; 32 Laws of Malaysia ACT 332 “rental right” means the right under paragraph 16A(1)(e). Duration of copyright in literary, musical or artistic works 17. (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 ad 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. Duration of copyright in published editions 18. 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. Duration of copyright in sound recording 19. 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 Copyright 33 he 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. Duration of copyright in broadcasts 20. 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. 21. (Deleted by Act A994). Duration of copyright in films 22. 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.

Duration of copyright in works of Government, Government organizations and international bodies 23. 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. Duration of performers’ rights 23A. Rights in a live performance which subsists 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 live performance was given.

Duration of an equitable remuneration 23B. 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 34 Laws of Malaysia ACT 332 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. 24. (Deleted by Act A775). Moral rights 25. (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 or communicate to the public 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 communication 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. Copyright 35 (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. Moral right of a performer 25A. (1) A performer shall, as regards his live performance or live erformance fixed in phonogram, have the right— (a) to claim to be identified as the performer of his live performance, except where omission is dictated by the manner of the use of the live performance; and (b) to object to any distortion, mutilation or other modification of his live 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 live 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. 36 Laws of Malaysia PART IV ACT 332 OWNERSHIP AND ASSIGNMENT OF COPYRIGHT First ownership of copyright 26. (1) Copyright conferred by section 10 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 o 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. Copyright 37 (5) Paragraphs (4)(b) and (c) shall cease to apply when the identity of the author becomes known. Assignment, licences and testamentary disposition 27. (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. 38 Laws of Malaysia PART IVA COPYRIGHT LICENSING ACT 332 Licensing schemes to which sections 27B to 27 G apply 27A.

Sections 27B to 27G shall apply to— (a) licensing schemes operated by licensing bodies in relation to the copyright in literary or musical works, so far as they relate to licences for— (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) licensing schemes operated by licensing bodies in relation to the copyright in any other works, so far as they relate to licences for— (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, “licensing scheme” means a licensing scheme of any of those descriptions. Reference of proposed licensing scheme to Tribunal 27B. 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. Copyright 39 (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. Reference of licensing scheme to Tribunal 27C. (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; or (b) an organization claiming to be representative of such persons, that 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. Further reference of licensing scheme to Tribunal 27D. (1) 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; 40 Laws of Malaysia ACT 332 b) a person claiming that he requires a licence in a case of the description to which the order applies; or (c) an organization claiming to be representative of such persons, 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. Application for grant of licence in connection with licensing scheme 27E. 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). Copyright 41 (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. Application for review of order as to entitlement to licence 27F. (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) with

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