LAWS OF MALAYSIAONLINE VERSION OF UPDATEDTEXT OF REPRINT

Act 332

COPYRIGHT ACT 1987
As at 1 July 2012

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COPYRIGHT ACT 1987…

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30 April 1987

Date of publication in the Gazette …

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21 May 1987

Latest amendment made by
Act A1420 which cameinto operation on …
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1 Mac 2012

Date of Royal Assent…

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PREVIOUS REPRINTSFirst Reprint…

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2001

Second Reprint

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2006

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LAWS OF MALAYSIA

Act 332

COPYRIGHT ACT 1987
ARRANGEMENT OF SECTIONSPART IPRELIMINARY
Section1.

Short title, application and commencement

2.

Extent of application

3.

Interpretation

4.

Publication

5.

Controller, Deputy Controllers and Assistant Controllers
PART II
GENERAL PROVISIONS

6.

No copyright except by virtue of this Act

7.

Works eligible for copyright8.

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 andinternational bodies

12.

Administration of Government copyrightPART III
NATURE AND DURATION OF COPYRIGHT

13.

Nature of copyright in literary, musical or artistic works, films andsound recordings

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Laws of Malaysia

ACT 332

Section

13A.

Design documents and models

13B.

Effect of exploitation of design derived from artistic work

13C.

(Deleted)

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 remuneration17.

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.

(Deleted)

22.

Duration of copyright in films

23.

Duration of copyright in works of Government, Governmentorganizations and international bodies

23A.

Duration of performers’ rights

23B.

Duration of an equitable remuneration

24.

(Deleted)

25.

Moral rights

25A.

Moral rights of a performer
PART IVOWNERSHIP AND ASSIGNMENT OF COPYRIGHT

26.

First ownership of copyright

26A.

Voluntary notification of copyright

26B.

Register of Copyright

26C.

Amendments to the Register of Copyright27.

Assignment, licences and testamentary disposition
PART IVACOPYRIGHT LICENSING

27A.

Licensing bodyCopyright
Section

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 licencePART VCOPYRIGHT TRIBUNAL

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.

(Deleted)

33.

Tribunal may request for information34.

No action to lie against Tribunal

35.

Regulations relating to Tribunal
PART VI
REMEDIES FOR INFRINGEMENTS AND OFFENCES

36.

Infringements

36A.

Circumvention of technological protection measure

36B.

Rights management information

37.

Action by owner of copyright and relief56

Laws of Malaysia

ACT 332

Section38.

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’ right40.

Back-up copy of computer program

41.

Offences

41A.

Compounding of offences

42.

Affidavit admissible in evidence

43.

Penalty
PART VIAANTI-CAMCORDING

43A.

Offences relating to anti-camcording
PART VIB
LIMITATION OF LIABILITIES OF THE SERVICEPROVIDER

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 orother activities from network

43G.

Information on service provider

43H.

Notification by copyright owner and its effect

43I.

Maker of false notice guilty of offence and liable in damages
PART VII
ENFORCEMENT

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

Copyright
Section48.

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 VIIIMISCELLANEOUS

58.

(Deleted)

59.

Regulations

59A.

Extension of application of Act

59B.

Power of Minister to exclude from definition of ―broadcast‖

60.

Savings

61.

Repeal7

9
LAWS OF MALAYSIA

Act 332

COPYRIGHT ACT 1987

An Act to make better provisions in the law relating to copyright andfor 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:
PART IPRELIMINARY

Short title, application and commencement
1. (1) This Act may be cited as the Copyright Act 1987 and shallcome 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 madeunder section 59A, this Act shall apply in relation to works madebefore the commencement of this Act as it applies in relation toworks 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.

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Laws of Malaysia

ACT 332(2) Where only by virtue of subsection (1) copyrights subsist inworks 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 thework 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 means ofpictures in a form suitable for reproduction in abook 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 thelanguage, 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 ortranscription of the work;Copyright11(f) in relation to a literary or artistic work, a version of thework (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 abuilding; or(c) a work of artistic craftsmanship,
but does not include a layout-design within the meaning of theLayout-Designs of Integrated Circuits Act 2000 [Act 601];―Assistant Controller‖ means the person appointed or deemed tohave 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 makerof 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 thearrangements 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 orrecording were undertaken;

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Laws of Malaysia

ACT 332(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 makeswith 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, ofvisual 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 meansfor 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 orunder 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 relevantday, 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 performancefrom a place and at a time individually chosen by them;Copyright13―computer program‖ means an expression, in any language, code ornotation, 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 directlyor 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 insubsection 5(1);―copy‖ means a reproduction of a work in written form, in the formof 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 havebeen appointed to be a Deputy Controller under subsection 5(2) or(3);―derivative works‖ means the works mentioned in paragraphs8(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 onmaterial of any description, whether translucent or not, so as to becapable 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,14

Laws of Malaysia

ACT 332

and includes the sounds embodied in any soundtrack associated witha 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 byusing a device;―future copyright‖ means copyright which will or may come into
existence in respect of any future works or class of works or othersubject matter, or on the coming into operation of any provision ofthis Act, or in any future event;―Government‖ means the Government of Malaysia or theGovernment 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 thework or, in the case of any article imported into Malaysia
without the consent of the owner of the copyright, themaking 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 whichconstitutes an infringement of the performers’ right or, inthe 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;Copyright15―licensing body‖ means a society or organization which is declared
as a licensing body under section 27A;
―licensing scheme‖ means a scheme (including anything in thenature 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 thoseclasses of case;―literary work‖ includes—(a) novels, stories, books, pamphlets, manuscripts, poeticalworks and other writings;(b) plays, dramas, stage directions, film scenarios,
broadcasting scripts,
choreographic works andpantomimes;(c) treatises, histories, biographies, essays and articles;(d) encyclopedias, 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 thecourse of legal proceedings, and the official translation thereof;

16

Laws of Malaysia

ACT 332―performance‖—(a) includes—(i) a performance of a dramatic work, or part ofsuch 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 sucha 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 literarywork;(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 offolklore,
which is given live by one or more persons in
Malaysia, whether in the presence of an audience orotherwise; but(b) does not include—(i) any reading, recital or delivery of any item ofnews or information;(ii) any performance of a sporting activity; or(iii) a participation in a performance by a member ofan audience;―manuscript‖, in relation to a work, means the original document
embodying the work, whether written by hand or not;

Copyright17―material form‖, in relation to a work or a derivative work, includes
any form (whether visible or not) of storage from which the work orderivative 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 othervessel;―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 withlegal 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);18

Laws of Malaysia

ACT 332―relevant day‖ means Merdeka Day in respect of Peninsular
Malaysia and Malaysia Day in respect of Sabah, Sarawak and theFederal Territory of Labuan;―reproduction‖ means the making of one or more copies of a workin any form or version, and in relation to an artistic work includes themaking of a copy in three dimensions of a two-dimensional work andthe 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 asculpture;―sound recording‖ means any fixation of a sequence of sounds or ofa representation of sounds capable of being perceived aurally and ofbeing reproduced by any means, but does not include a soundtrack
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 infringementof the copyright in a work;―Tribunal‖ means the Copyright Tribunal established under section
28; and―work of joint authorship‖ means a work produced by thecollaboration of two or more authors in which the contribution ofeach 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 awork, shall be deemed to have been published only if acopy or copies of the work have been made available withthe 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 saleor otherwise;Copyright19(b) a film shall be deemed to have been published only if acopy or copies of the film have been sold, let on hire, oroffered or exposed for sale or hire, with the consent of theauthor or of any person lawfully claiming under the author
in a manner sufficient to satisfy the reasonablerequirements of the public;(c) a sound recording shall be deemed to have been publishedonly if a copy or copies of such sound recording havebeen made available with the consent of the author or ofany 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 fixedperformance have been made available with the consent of
the performer in a manner sufficient to satisfy thereasonable requirements to the public.
(2) For the purposes of this Act, the performance of a literary ormusical work and the exhibition of an artistic work does notconstitute publication of the work.
(3) For the purposes of this Act, a publication shall be deemed to bea 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 performanceis published, that part shall be treated for the purposes of this Act as aseparate work or performance, as the case may be.

Controller, Deputy Controllers and Assistant Controllers
5. (1) The Director General of the Corporation shall be the Controllerof Copyright.

20

Laws of Malaysia

ACT 332(2) The Minister may appoint, on such terms and conditions as the
Minister may determine, from amongst any public officers andpersons in the employment of the Corporation, such number of*Deputy Controllers of Copyright, Assistant Controllers of Copyrightand other officers as may be necessary for the proper administrationof 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, AssistantControllers 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 theController 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 orsigned 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 AssistantController under this Act.
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.

*NOTE—The Deputy Controllers of Copyright, Assistant Controllers of Copyright and other officers appointed by the
Corporation before the date of coming into operation of this Act shall be deemed to have been appointed undersubsection 5(2) of the Copyright Act 1987 [Act 332]─see subsection 38(1) of the Copyright (Amendment) Act 2012 [Act A1420].

Copyright21

Works eligible for copyright
7. (1) Subject to this section, the following works shall be eligible forcopyright:(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 forcopyright 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 thatthe 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 isregistered under any written law relating to industrial design.
(6) (Deleted by Act A1420).
(7) For the purpose of this section, ―any written law relating toindustrial design‖ includes:

22

Laws of Malaysia

ACT 332(a) the United Kingdom Designs (Protection) Act 1949 [Act214];(b) the United Kingdom Designs (Protection) Ordinance of
Sabah [Sabah Cap. 152]; and(c) the Designs (United Kingdom) Ordinance of Sarawak[SWK Cap. 59].

Derivative works
8. (1) The following derivative works are protected as original works:(a) translations, adaptations, arrangements and othertransformations of works eligible for copyright; and(b) collections of works eligible for copyright, or compilationof mere data whether in machine readable or other form,
which constitute intellectual creation by reason of theselection 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.

Copyright in published editions of works
9. (1) Copyright shall subsist, subject to the provisions of this Act, inevery published edition of any one or more literary, artistic ormusical 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 thedate 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 thesame work or works.

Copyright23(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 themaking of a reproduction of the typographical arrangement of theedition.
(4) Reproduction of the typographical arrangement of a publishededition 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 andeducational, scientific or professional institutions as the Minister may
by order prescribe, may reproduce the typographical arrangement of apublished edition without infringing the copyright subsisting byvirtue of this section if such reproduction is in the public interest andis compatible with fair dealing and the provisions of any regulations.

Qualification for protection
10. (1) Copyright shall subsist in every work eligible for copyright ofwhich 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 forcopyright and which—(a) being a literary, musical or artistic work or film or soundrecording is first published in Malaysia;(b) being a work of architecture is erected in Malaysia orbeing any other artistic work is incorporated in a building
located in Malaysia;

24Laws of Malaysia

ACT 332(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 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 areprotected 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 forcopyright 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 towhich this section applies.

Administration of Government copyright
12. Where the copyright in any work is vested in the Government, theMinistry or Department concerned with the copyright shall beCopyright25

responsible for the administration and control of that copyright onbehalf of the Government:
Provided that the Ministry or Department concerned may authorize
the Director of National Archives to administer and control thatcopyright 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 asound recording or a derivative work shall be the exclusive right tocontrol 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 othertransfer of ownership; and(f) the commercial rental to the public,of the whole work or a substantial part thereof, either in its original orderivative form provided that—(A) the exclusive right to control the distribution of copies
refer only to the act of putting into circulation copies notpreviously put into circulation in Malaysia and not toany subsequent distribution of those copies or any
subsequent importation of those copies into Malaysia;
and

26

Laws of Malaysia

ACT 332(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 acknowledgementof the title of the work and its authorship, except that no
acknowledgment is required in connection with thereporting of news or current events by means of a soundrecording, 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 beviewed 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 ormusical works, sound recording or film, if such inclusion
is made by way of illustration for teaching purposes and iscompatible with fair practice:
Provided that mention is made of the source and of thename 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

Copyright27

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 inperforming 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 aliterary, dramatic or musical work, sound recording or afilm included in the broadcast insofar as it consists ofsounds if such sound recording of a broadcast is for theprivate and domestic use of the person by whom the soundrecording 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 suchmaking of a film of the broadcast is for the private anddomestic use of the person by whom the film is made;(gggg) the making and issuing of copies of any work into aformat to cater for the special needs of people who are
visually or hearing impaired and the issuing of suchcopies 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 literarywork if accompanied by sufficient acknowledgement;(i) any use made of a work by or under the direction orcontrol of the Government, by the National Archives or
any State Archives, by the National Library, or any Statelibrary, 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 interestand is compatible with fair practice and the provisions of
any regulations, and—

28

Laws of Malaysia

ACT 332(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 thework thus used;(j) the reproduction of any work by or under the direction orcontrol 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 theperiod of six calendar months immediately following themaking of the reproduction or such longer period as may
be agreed between the broadcasting service and the ownerof 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 documentarycharacter, be preserved in the archives of the broadcasting
service which are hereby designated official archives forthe purpose, but subject to this Act, shall not be used forbroadcasting or for any other purpose without the consent
of the owner of the relevant part of the copyright in thework;(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 ischarged 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, alegislative body, a statutory or Governmental inquiry, orof any report of any such proceedings, or for the purposeof 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 notexceed that justified by the purpose, including quotations
from newspaper articles and periodicals in the form ofpress summaries:

Copyright

29

Provided that mention is made of the source and of thename of the author which appears on the work thus used;(n) the reproduction by the press, the broadcasting or theshowing 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 aredelivered in public if such use is for informatory purposes
and has not been expressly reserved;(p) the commercial rental of computer programs, where theprogram is not the essential object of the rental; and(q) the making of a transient and incidental electronic copy ofa work made available on a network if the making of suchcopy is required for the viewing, listening or utilization of
the said work.
(2A) For the purposes of paragraph (2)(a), in determining whether adealing 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 inrelation to the copyright work as a whole; and(d) the effect of the dealing upon the potential market for orvalue 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.

30Laws of Malaysia

ACT 332

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 anythingother 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 ofthat 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 anarticle, other than surface decoration; and―design document‖ means any record of a design, whether in theform 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 Act as copies of thework; 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, andanything may be done in relation to articles so made, without
infringing copyright in the work.

Copyright31(3) Where only part of an artistic work is exploited as mentioned insubsection (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 ofthis section as made by an industrial process or means;and(b) for excluding from the operation of this section sucharticles of a primarily literary or artistic character as hethinks 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.

13C. (Deleted by Act A1420).

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 thewhole or a substantial part of the work either in its original form or inany form recognizably derived from the original:
Provided that the copyright in any such work shall not include theright to control the reconstruction or rehabilitation in the same styleas 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32Laws of Malaysia

ACT 332

performance, showing or playing to the public in a place where an
admission fee is charged of the whole or a substantial part of atelevision broadcast either in its original form or in any way
recognizably derived from the original.
(2) Notwithstanding subsection (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 tocontrol 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 anda 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 thebroadcast.
(2) Notwithstanding subsection (1), where a broadcasting service
broadcasts a film in which a literary, musical or artistic work isincorporated, the owner of the right to broadcast the literary, musicalor artistic work shall be entitled to receive fair compensation from thebroadcasting service.
Nature of performers’ right
16A. (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 isitself a live broadcast performance;(b) the fixation of an unfixed performance;(c) the reproduction of the fixation of a performance;Copyright33(d) the first distribution to the public of a fixation of aperformance, or copies thereof, through sale or othertransfer of ownership; and(e) the commercial rental to the public of a fixation of aperformance, or copies thereof, irrespective of theownership of the copy rented.
(2) A performer shall cease to have the exclusive right underparagraph (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 filmof a performance —(i)being a sound recording or film made solely forthe purpose of the private and domestic use of
the person who made it; or(ii)

being a sound recording or film made solely forthe purpose of use in scientific research;(b) a direct or indirect sound recording or film of aperformance —(i) made for the purpose of, or associated with, thereporting 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 thereport of any such proceeding or inquiry, or forthe purpose of the giving of professional advice
by a legal practitioner;(c) an indirect sound recording or film of a performance —34

Laws of Malaysia

ACT 332(i)being a sound recording or film made by, or on
behalf of, the body administering an educational
institution solely for the educational purposes ofthat 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 forthe purpose of the provision, whether by theinstitution 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 byor under the direction or control of a broadcasting service
who has the consent of the performer to broadcast theperformance, 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 filmof 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 themaking of the recording by the person;(f) a copy of a sound recording or film referred to inparagraphs (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 inparagraph (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 inparagraph (f), being a copy made—(i)by a person who believes, due to a fraudulent or
innocent representation made to the person, that

Copyright35

the performer has consented to the making of thecopy; 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.

Equitable remuneration
16B. (1) Where a sound recording is published for commercial
purposes or a reproduction of such recording is publicly performed orused directly for broadcast or other communication to the public, anequitable remuneration for the performance shall be payable to theperformer by the user of the sound recording.
(2) Remuneration shall not be considered inequitable merely
because it was paid by way of single payment.
(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 equitableremuneration; or(b) to vary any previous determination of the Tribunal
relating to the equitable remuneration.

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Laws of Malaysia

ACT 332(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 shallconsider 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 accountthe importance of the contribution of the performer to the soundrecording.
(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 individuallychosen by them.

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 had not been
published before the death of the author, copyright which subsists insuch work under this Act shall continue to subsist until the expiry ofa 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 publishedanonymously or under a pseudonym, copyright which subsists insuch work under this Act shall continue to subsist until the expiry ofa 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:Copyright

37

Provided that in the event of the identity of the author becoming
known, the duration of copyright shall be calculated in accordancewith subsection (1).
(4) In this section, a reference to ―author‖ shall, in the case of awork 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 theyear 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 theyear in which the recording was first published or, if the soundrecording 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 shallcontinue to subsist until the expiry of a period of fifty years computedfrom the beginning of the calendar year next following the year inwhich 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38Laws of Malaysia

ACT 332

beginning of the calendar year next following the year in which thefilm was first published.

Duration of copyright in works of Government, Governmentorganizations 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 theyear in which the work was first published.
Duration of performers’ rights
23A. Rights in a performance which subsists under this Act shallcontinue to subsist until the expiry of a period of fifty years computedfrom the beginning of the calendar year next following the year inwhich the performance was given or was fixed in a sound recording.

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 has notbeen 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Copyright39

death, of his personal representative, do or authorize the doing of anyof the following acts:(a) the presentation of the work, by any means whatsoever,
without identifying the author or under a name other thanthat of the author; and(b) the distortion, mutilation or other modification of thework if the distortion, mutilation or modification—(i)significantly alters the work; and(ii)

is such that it might reasonably be regarded asadversely affecting the author’s honour or
reputation.

(3) Where a person is authorized, whether by virtue of anassignment, a licence or otherwise, to publish, reproduce, perform inpublic or communicate to the public a work, that person may makemodifications to the work if it would be reasonable to expect that theauthorized publication, reproduction, public performance orcommunication to the public, as the case may be, could not take place
without the modifications; but nothing in this subsection shallauthorize a modification to a work which would constitute acontravention 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 thework or, if he is dead, at the suit of his personal representative, as abreach of statutory duty.
(6) Any damages recovered under this section by a personal
representative in respect of a contravention committed in relation to awork 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.

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Laws of Malaysia

ACT 332(7) Where in an action brought under this section a contravention of
the restrictions imposed by this section is proved or admitted, thecourt may order the offender to publish such correction in suchmanner as the court may direct.
(8) Nothing in this section shall derogate from any right of action orother 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 thissection 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 rights of a performer
25A. (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 themanner of the use of the performance; and(b) to object to any distortion, mutilation or othermodification 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 fixationof the sounds of a performance or of other sounds or of arepresentation of the sounds, other than in the form of a fixation
incorporated in a film or other audiovisual work.

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41

PART IVOWNERSHIP AND ASSIGNMENT OF COPYRIGHTFirst ownership of copyright26. (1) Copyright conferred by section 10 shall vest initially in theauthor.
(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 courseof 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 notin 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, thepublisher whose name is indicated in the work as suchshall be deemed to be, unless the contrary is proved, thelegal representative of the anonymous or pseudonymous
author and shall be entitled to exercise and protect therights belonging to the author under this Act;(c) in the case of unpublished work where the identity of theauthor is unknown, but where there is every reason to
presume that he is a citizen of Malaysia, the copyrightconferred by this Act shall be deemed to vest in the
Minister charged with the responsibility for culture.

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Laws of Malaysia

ACT 332(5) Paragraphs (4)(b) and (c) shall cease to apply when the identityof the author becomes known.

Voluntary notification of copyright
26A. (1) A notification of copyright in any work may be made to theController 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 towhom an interest in the copyright has been granted by licence.
(2) A notification of copyright shall not be entertained unless theprescribed 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 interestin 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 dateof the author’s death, if known;(f) in the case of a published work, the date and place of thefirst publication; and(g) any other information as the Minister may determine.

Register of Copyright
26B. (1) The Controller shall keep and maintain a register called theRegister of Copyright.

Copyright43(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 onsuch medium as the Minister may determine.
(4) Any person may examine the Register of Copyright at suchtimes and upon such conditions as may be determined by the
Minister, and may obtain certified extracts from the Register onpayment of the prescribed fee.
(5) The Controller or Deputy Controller may certify true extracts
from the Register of Copyright which shall be prima facie evidenceof the particulars entered therein and such certified extracts of theRegister of Copyright shall be admissible in all courts.

Amendments to the Register of Copyright
26C. (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 thissection 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.

Assignment, licences and testamentary disposition
27. (1) Subject to this section, copyright shall be transferable byassignment, testamentary disposition, or by operation of law, as
movable property.

44

Laws of Malaysia

ACT 332(2) An assignment or testamentary disposition of copyright may belimited 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 theperiod of the copyright, or to a specified country or othergeographical area.
(3) No assignment of copyright and no licence to do an act thedoing of which is controlled by copyright shall have effect unless it isin writing.
(4) An assignment or licence granted by one copyright owner shallhave effect as if the assignment or licence is also granted by his coowner or co-owners, and subject to any agreement between the coowners, 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 beeffectively 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 themanuscript of a literary or musical work, or to an artistic work, andthe work has not been published before the death of the testator, thetestamentary disposition shall, unless a contrary intention is indicatedin 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.

Copyright

45

PART IVACOPYRIGHT LICENSING

Licensing body
27A. (1) A society or an organization which intends to operate as alicensing body for copyright owners or for a specified class of
copyright owners shall apply to the Controller to be declared as alicensing body.
(2) An application for a declaration shall be made in such form andon such medium as the Controller may determine which shall containthe 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, andwhose 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 aremembers of the applicant.
(3) Upon receipt of an application, the Controller may declare anapplicant to be a licensing body and issue a declaration in writing tothat effect to the said applicant.
(4) Notwithstanding subsection (3), the Controller shall refuse anapplication if the information provided by the applicant pursuant tosubsection (2) is insufficient or unsatisfactory to show that theapplicant is fit and proper to be a licensing body.
(5) The licensing body shall provide the Controller with a copy ofits 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;

46

Laws of Malaysia

ACT 332(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 bestinterests 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, tocomply with the provisions of this Act; or(f) has been dissolved.
(7) A licensing body which is aggrieved by the decision of theController 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 bodywithout 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 notexceeding five hundred thousand ringgit.

Licensing schemes to which sections 27B to 27G apply
27AA. (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).

Copyright

47

Reference of proposed licensing scheme to Tribunal
27B. (1) The terms of a licensing scheme proposed to be operated bya 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 thereference, and may decline to do so on the ground that the reference
is premature.
(3) If the Tribunal decides to entertain the reference, it shallconsider 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;(b) an organization claiming to be representative of such
persons; or(c) a person who has been granted a licence to which thelicensing 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 thereference are concluded.

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Laws of Malaysia

ACT 332(3) The Tribunal shall consider the matter in dispute and make suchorder, 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) Subject to subsection (2), where the Tribunal has on aprevious reference of a licensing scheme under section 27B or 27C orunder 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 thelicensing 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 samedescription of cases—(a) within twelve months from the date of the order on theprevious 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 theexpiry of the order.

Copyright49(3) A licensing scheme which has been referred to the Tribunal
under this section shall remain in operation until proceedings on thereference are concluded.
(4) The Tribunal shall consider the matter in dispute and make suchorder, either confirming, varying or further varying the licensing
scheme so far as it relates to cases of the description to which thereference relates, as the Tribunal may determine to be reasonable inthe 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
scheme27E. (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 alicence in accordance with the licensing scheme; or(b) has failed to grant him or procure the grant to him of alicence in accordance with the licensing scheme within areasonable 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 tohim of a licence, or has failed to do so within a reasonable
time of being asked, and that in the circumstances it isunreasonable 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 —50

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ACT 332(a) the licensing scheme provides for the grant of licences
subject to terms excepting matters from the licence andthe 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 shallmake an order declaring that, in respect of the matters specified in theorder, the applicant is entitled to a licence on such terms as the
Tribunal may determine to be applicable in accordance with thelicensing scheme or, as the case may be, to be reasonable in thecircumstances.
(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 thata person is entitled to a licence under a licensing scheme, the operatorof 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 leaveof the Tribunal,—(a) within twelve months from the date of the order, or of thedecision 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 threemonths 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.

Copyright51

Effect of order of Tribunal as to licensing scheme
27G. (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 thecase may be, remain in operation, so far as it relates to the descriptionof case in respect of which the order was made, so long as the orderremains in force.
(2) While the order is in force a person, who in a case of a class towhich the order applies, shall —(a) pay to the operator of the licensing scheme any charges
payable under the licensing scheme in respect of a licencecovering 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 inquestion in accordance with the licensing scheme.
(3) The Tribunal may direct that the order, so far as it varies theamount 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 bemade 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 areference to the charges so payable by virtue of the order.
(5) Where the Tribunal has made an order under section 27E and theorder remains in force, the person in whose favour the order is madeshall, if he—

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ACT 332(a) pays to the operator of the licensing scheme any charges
payable in accordance with the order or, if the amountcannot 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 theowner of the copyright in question on the terms specified in the order.

Licences to which sections 27I to 27L apply
27H. Sections 27I to 27L shall apply to the following descriptions oflicence granted by a licensing body otherwise than in pursuance of alicensing scheme:(a) licences relating to the copyright in literary or musicalworks which cover works of more than one author, so far
as they authorize—(i) reproducing the work;(ii) performing, showing or playing the work inpublic;(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 inpublic;(iii) communicating the work to the public; or(iv) causing the work to be publicly performed,
shown or played,Copyright53

and in those sections, a ―licence‖ means a licence of any of thosedescriptions.

Reference to Tribunal of terms of proposed licence
27I. (1) The terms on which a licensing body proposes to grant alicence may be referred to the Tribunal by the prospective licensee.
(2) The Tribunal shall first decide whether to entertain thereference, and may decline to do so on the ground that the reference
is premature.
(3) If the Tribunal decides to entertain the reference, it shallconsider 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.

Reference to Tribunal of expiring licence
27J. (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 thecircumstances 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 shallmake an order declaring that the licensee shall continue to be entitledto 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.

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Application for review of order as to licence
27K. (1) Where the Tribunal has made an order under section 27I or
27J, the licensing body or the person entitled to the benefit of theorder may apply to the Tribunal to review its order.
(2) An application shall not be made, except with the special leaveof the Tribunal,—(a) within twelve months from the date of the order, or of thedecision 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 threemonths 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 thecircumstances.

Effect of order of Tribunal as to licence
27L. (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 inaccordance with the order or, if the amount cannot be
ascertained, gives an undertaking to the operator to pay
the charges when ascertained; and(c) 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 theowner of the copyright in question on the terms specified in the order.

Copyright55(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 section 27I 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 grantedor, 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 bemade in respect of charges already paid or payable; and(b) the reference in paragraph (1)(a) to the charges payable inaccordance with the order shall be construed, where theorder is varied by a later order, as a reference to thecharges so payable by virtue of the later order.
PART VCOPYRIGHT TRIBUNAL

Establishment and powers of Copyright Tribunal
28. (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 organizationreferred to in Part IVA;

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ACT 332(c) an appeal by a licensing body under subsection 27A(8);and(d) the exercise of the power under section 31.

Appointment of Chairman and members of Tribunal
29. (1) The Tribunal shall consist of the following persons who shallbe appointed by the Minister:(a) a Chairman;(b) five Deputy Chairmen; and(c) twelve persons whom the Minister considers fit andproper to be members of the Tribunal.
(2) The Chairman, Deputy Chairmen, and members of the Tribunal
shall hold office for a period not exceeding three years, after which
they shall be eligible to be reappointed.
(3) The Minister shall determine the remuneration and other terms
and conditions of the appointment of the Chairman, Deputy
Chairmen, and members of the Tribunal.
(4) The Minister may declare the office of any member of the
Tribunal vacant on the ground that he is found to be unfit to continue
in office or unable to perform the duties thereof.
(5) The Chairman, Deputy Chairmen, or any member of the
Tribunal may at any time resign from his office by giving notice inwriting to the Minister.
(6) The Chairman, Deputy Chairmen, and members of the Tribunal
shall be deemed to be public servants within the meaning of the Penal
Code.
(7) There shall be a Secretary to the Tribunal and such otherofficers as may be necessary to assist the Tribunal, who shall be
appointed by the Minister.

Copyright

57

Proceedings before the Tribunal
30. (1) Every proceedings before the Tribunal shall be heard anddisposed of by the Chairman or Deputy Chairman and two othermembers selected by the Chairman from among the members
appointed under section 29.
(2) No member of the Tribunal shall take part in any proceedings
before the Tribunal if he has a pecuniary interest in any matter whichis to be determined by the Tribunal.
(3) Where the Chairman has been disqualified under subsection (2),the Minister shall appoint a Deputy Chairman to act as chairman forthe purposes of that proceedings.
(4) A person is deemed to have a pecuniary interest if he, hispartner, employer or any member of his family or if a body whether
statutory or not of which he is a member has a pecuniary interest in
any matter which is to be determined by the Tribunal.
(5) If, on any matter to be determined by the Tribunal there is anequality of votes, the chairman of the proceedings shall have acasting vote in addition to his deliberative vote.
(6) If, in the course of any proceedings, any member of the Tribunal
is unable through illness or any other cause to continue, theproceedings shall continue before the remaining members of the
Tribunal, not being less than two, and the Tribunal shall, for the
purposes of the proceedings, be deemed to be duly constituted.
(7) In any such case as is mentioned in subsection (6) where themember who is unable to continue is the chairman of theproceedings, then the Minister shall —(a) appoint from amongst the remaining members a newchairman for the purpose of the continued proceedings;
and(b) where appropriate, appoint a Deputy Chairman to attend
the proceedings to advise the members of the proceedingson any issue that may arise during the proceedings.

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Reference of questions of law to High Court
30A. (1) The Tribunal may of its own motion, or shall at the requestof a party, refer a question of law arising in proceedings concluded
before it for determination by the High Court.
(2) A request under subsection (1) shall be made in writing within
fourteen days of the date on which the decision was made.
(3) Where a question has been referred to the High Court under thissection, the Tribunal shall forward the record of its proceedings to theRegistrar of the High Court who shall thereupon appoint and notify
the parties to the proceedings of the time and place for its hearing.
(4) At the hearing of the reference in the High Court, every party tothe proceedings before the Tribunal shall be entitled to appear and tobe heard.
(5) The High Court shall hear and determine the question referred
to it under this section as if the reference were an appeal to the High
Court against the decision of the Tribunal, and may consequently
confirm, vary, substitute or quash the decision, or make such otherorder as it considers just or necessary.
(6) A decision of the High Court under subsection (5) shall be final
and conclusive, and no such decision shall be challenged, appealed
against, reviewed, quashed or called in question in any other court orbefore any other authority, judicial or otherwise, whatsoever.
(7) For the purposes of this section, a question of law shall notinclude a question whether there is sufficient evidence to justify afinding of fact by the Tribunal.

Licence to produce and publish translation
31. (1) Any person may apply to the Tribunal for a licence to produce
and publish in the national language or other vernacular languages in
Malaysia a translation of a literary work written in any otherlanguage.

Copyright59(2) The Tribunal after holding such inquiry as it thinks necessary
may, subject to this section, grant to the applicant a licence (not being
an exclusive licence) to produce and publish a translation of the workin the national language or other vernacular languages, on condition
that the applicant shall pay to the owner of the right of translation in
the work in respect of copies sold to the public, royalties at a rate to
be determined by the Tribunal in the prescribed manner.
(3) A licence may be granted on an application made undersubsection (1) in respect of a work only where —(a) a translation of the work in the national language or othervernacular languages has not been published by the ownerof the copyright (or by any person authorized by him)
within one year after the first publication of the work or, if
such translation has been so published, it is out of print;(b) (i) the applicant has requested and been denied
authorization by the owner of the right to produce andpublish the translation; or(ii) the applicant, after due diligence on his part, is unable
to trace or ascertain the owner;(c) the applicant, if the nationality of the owner of the right oftranslation is known, has sent a copy of his request for thetranslation to the diplomatic or consular representative of
the state of which that owner is a national, or to theorganization which may have been designated by thegovernment of that state;(d) the Tribunal is satisfied that —(i)the applicant is able to produce and publish acorrect translation of the work and possesses themeans to pay to the owner of the right oftranslation the royalties payable under thissection; and(ii)

the applicant undertakes to have the original title
and the name of the author of the work printed
on all copies of the published translation;

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ACT 332(e) the author of the work has not withdrawn it fromcirculation;(f) an opportunity of being heard is first given, whereverpracticable, to the owner of the right of translation in thework;(g) a further period of nine months has elapsed from thefulfilment of the formalities mentioned in paragraphs (b)and (c) and during this period no translation in thenational language or other vernacular languages has been
published by the owner of the right of translation or withhis authorization; and(h) the translation is for the purpose of teaching, scholarshipor research.
(4) The licence granted under this section shall not be transferable
and shall not extend to the export of copies:
Provided that the sending of copies to another country by theGovernment or any Government organization shall not constituteexport if all of the following conditions are met:(a) the recipients are individuals who are nationals of
Malaysia or organizations grouping such individuals;(b) the copies are to be used only for the purpose of teaching,scholarship or research;(c) the sending of the copies and their subsequent distribution
to recipients is without any commercial purpose; and(d) the country to which the copies have been sent has agreed
with Malaysia to allow the receipt, or distribution, or both.
(5) The licence shall be valid only for publication of the translationin Malaysia and all copies published under the licence shall bear a
notice in the national language or other vernacular languages statingthat the copies are available for distribution only in Malaysia.

Copyright61(6) Any licence granted under this section shall terminate if atranslation in the national language or other vernacular languages andwith substantially the same content as that for which a licence has
been granted has been published by the owner of the right oftranslation or with his authorization at a price reasonably related tothat charged in Malaysia for comparable works:
Provided that any copies already made before the licence terminatesmay, however, continue to be distributed until their stock is
exhausted.
(7) If the work to be translated consists mainly of illustrations, nolicence under this section shall be granted.

32. (Deleted by Act A952).

Tribunal may request for information
33. (1) The Tribunal may request for such information as it may deem
necessary for the purpose of exercising any of its powers andfunctions under this Act and any subsidiary legislation madethereunder.
(2) Any person who refuses to comply with such request by the
Tribunal shall be guilty of an offence under this Act.

No action to lie against Tribunal
34. No action or other legal proceedings shall lie against any memberof the Tribunal for anything done or omitted to be done in good faithin connection with the exercise of the powers and functions of the
Tribunal under this Act.

Regulations relating to Tribunal
35. The Minister may make regulations in respect of the Tribunal andin particular and without prejudice to the generality of the foregoing,
in respect of the following matters:

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ACT 332(a) prescribing the manner in which any matter may bereferred to the Tribunal;(b) prescribing the procedure to be adopted by the Tribunal indealing with any matter referred to it under this Act andthe records to be kept by the Tribunal;(c) prescribing the manner in which the Tribunal shall be
convened and the place where the Tribunal shall hold its
sittings;(d) prescribing a scale of costs and fees payable in respect of
any inquiry or proceedings before the Tribunal; and(e) generally for the better carrying out of the functions
assigned to the Tribunal by this Act.
PART VI
REMEDIES FOR INFRINGEMENTS AND OFFENCES

Infringements
36. (1) Copyright is infringed by any person who does, or causes anyother person to do, without the licence of the owner of the copyright,
an act the doing of which is controlled by copyright under this Act.
(2) Copyright is infringed by any person who, without the consent
or licence of the owner of the copyright, imports an article into
Malaysia for the purpose of —(a) selling, letting for hire, or by way of trade, offering or
exposing for sale or hire, the article;(b) distributing the article —(i)for the purpose of trade; or(ii)

for any other purpose to an extent that it willaffect prejudicially the owner of the copyright;orCopyright63(c) by way of trade, exhibiting the article in public,
where he knows or ought reasonably to know that the making of thearticle was carried out without the consent or licence of the owner ofthe copyright.
(3) (Deleted by Act A1420).
(4) (Deleted by Act A1420).
(5) (Deleted by Act A1420).

Circumvention of technological protection measure
36A. (1) If a technological protection measure is applied to a copy ofa work by or with the authorization of the owner of the copyright in
the work, no person shall circumvent, or cause or authorize any otherperson to circumvent, the technological protection measure —(a) that is used by the owner of the copyright in connection
with the exercise of his rights under this Act; and(b) that restricts acts in respect of his works which are notauthorized by the owner concerned or permitted by law.
(2) Subsection (1) does not apply if the circumvention oftechnological protection measure is —(a) for the sole purpose of achieving interoperability of an
independently created computer program with the original
program or any other programs;(b) for the sole purpose of identifying and analyzing flaws
and vulnerabilities of encryption technology;(c) for the sole purpose of testing, investigating or correcting
the security of a computer, computer system or computer
network;(d) for the sole purpose of identifying and disabling an
undisclosed capability to collect or disseminate personallyidentifying information about the online activities of anatural person;

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ACT 332(e) in relation to anything lawfully done for the sole purposeof—(i) law enforcement;(ii) national security; or(iii) performing a statutory function; or(f) done by a library, an archive or an educational institution
for the sole purpose of making an acquisition decision in
relation to a work in which copyright subsists.
(3) No person shall —(a) manufacture for sale or hire;(b) import otherwise than for his private and domestic use; or(c) in the course of a business —(i) sell or let for hire;(ii) offer or expose for sale or hire;(iii) advertise for sale or hire;(iv) possess; or(v) distribute;(d) distribute for purposes other than in the course of abusiness to such an extent as to affect prejudicially theowner of the copyright; or(e) offer to the public or provide any service in relation to,
any technology, device or component which —(A) is promoted, advertised or marketed for the purpose of
the circumvention of technological protection measure;(B) has only a limited commercially significant purpose or
use other than to circumvent technological protection
measure; or(C) is primarily designed, produced, adapted or performed
for the purpose of enabling or facilitating thecircumvention of technological protection measure.

Copyright65(4) The Minister may prescribe any technology, device orcomponent which may operate as a technological protection measure
to be exempted from the application of this section.

Rights management information
36B. (1) No person shall —(a) remove or alter any electronic rights management
information without authority; or(b) distribute, import for distribution or communicate to the
public, without authority, of works or copies of works
knowing that electronic rights management information
has been removed or altered without authority,and knowing or having reasonable grounds to know that such act will
induce, enable, facilitate or conceal an infringement of any rights
under this Act.
(2) Subsection (1) does not apply if the removal or alteration of any
electronic rights management information without authority is—(a) in relation to anything lawfully done for the sole purposeof —(i) law enforcement;(ii) national security; or(iii) performing a statutory function; or(b) done by a library, an archive or an educational institution
for the sole purpose of making an acquisition decision in
relation to a work in which copyright subsists.
(3) For the purposes of this section and section 41, ―rights
management information‖ means information which identifies thework, the author of the work, the owner of any right in the work, theperformer or the terms and conditions of use of the work, any number
or codes that represent such information, when any of these items is
attached to a copy of a work or appears in connection with thecommunication of a work to the public.

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Action by owner of copyright and relief
37. (1) Infringements of copyrights and the prohibited acts under
sections 36A and 36B shall be actionable at the suit of the owner of the
copyright and, in any action for such an infringement or prohibited
act, the court may grant the following types of relief:(a) an order for injunction;(b) damages;(c) an account of profits;(d) statutory damages of not more than twenty-five thousand
ringgit for each work, but not more than five hundred
thousand ringgit in the aggregate; or(e) any other order as the court deems fit.
(2) Notwithstanding subsection (1), all such relief shall be available
to the plaintiff in an action under subsection 36A(3) except for
statutory damages.
(3) In making an award under paragraph (1)(b), the court may also
make an order under paragraph (1)(c) for an account of any profits
attributable to the infringement or prohibited act that have not beentaken into account in computing the damages.
(4) Except as provided in subsection (3), the types of relief referred
to in paragraphs (1)(b), (c) and (d) are mutually exclusive.
(5) For the purpose of paragraph (1)(d), all parts of a collective
work shall constitute one work.
(6) Where in an action under this section it is established that an
infringement or a prohibited act under section 36A or 36B wascommitted but it is also established that at the time of theinfringement or commission of the prohibited act the defendant was
not aware, and had no reasonable grounds for suspecting, that the act
was an infringement of the copyright or prohibited under section 36 A
or 36B, the plaintiff shall not be entitled under this section to any
damages against the defendant in respect of the infringement orcommission of the prohibited act, but shall be entitled to an accountof profits or statutory damages whether or not any other relief isgranted under this section.

Copyright67(7) Where in an action under this section an infringement of
copyright or the commission of a prohibited act under section 36 A or
36B is established, the court may, in assessing damages for the
infringement or commission of the prohibited act, award such
additional damages as it may consider appropriate in thecircumstances if it is satisfied that it is proper to do so having regardto —(a) the flagrancy of the infringement or prohibited act;(b) any benefit shown to have accrued to the defendant byreason of the infringement or prohibited act; and(c) all other relevant matters.
(8) In awarding statutory damages under paragraph (1)(d), the court
shall have regard to—(a) the nature and purpose of the infringing act or prohibited
act, including whether the infringing act or prohibited act
was of a commercial nature or otherwise;(b) the flagrancy of the infringement or prohibited act;(c) whether the defendant acted in bad faith;(d) any loss that the plaintiff has suffered or is likely to suffer
by reason of the infringement or prohibited act;(e) any benefit shown to have accrued to the defendant byreason of the infringement or prohibited act;(f) the conduct of the parties before and during theproceedings;(g) the need to deter other similar infringement or prohibited
act; and(h) all other relevant matters.
(9) An injunction shall not be issued in any proceedings under thissection if it requires a completed or partly built building to be
demolished or prevents the completion of a partly built building.

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ACT 332(10) For the purposes of this section and section 38—(a) ―action‖ includes a counterclaim, and reference to theplaintiff and to the defendant in an action shall be
construed accordingly;(b) ―collective work‖ means a work in which relevantmaterials, constituting separate and independent works inthemselves, are assembled into a collective whole; and(c) ―court‖ means the appropriate High Court in Malaysia.
(11) For the purpose of this section, ―owner of the copyright‖
means the first owner or an assignee of the relevant part of the
copyright.

Proceedings in case of copyright subject to exclusive licence
38. (1) This section shall have effect as to proceedings in the case of
any copyright in respect of which an exclusive licence has been
granted and is in force at the time of the events to which theproceedings relate.
(2) Subject to this section, the exclusive licensee shall (except
against the owner of the copyright) have the same rights of action,and be entitled to the same remedies, under section 37 as if thelicence had been an assignment, and those rights and remedies shallbe concurrent with the rights and remedies of the owner of the
copyright under that section.
(3) Where an action is brought either by the owner of the copyrightor by the exclusive licensee, and the action, in so far as it is brought
under section 37, relates (wholly or partly) to an infringement inrespect of which they have concurrent rights of action under that
section, the owner or licensee, as the case may be, shall not be
entitled, except with the leave of the court, to proceed with the action,
in so far as it is brought under that section and relates to that
infringement, unless the other party is either joined as a plaintiff in
the action or added as a defendant: but this subsection shall not affect
the granting of an interlocutory injunction on the application of eitherof them.

Copyright69(4) In any action brought by the exclusive licensee by virtue of thissection, any defence which would have been available to a defendantin the action, if this section had not been enacted and the action havebeen brought by the owner of the copyright, shall be available to that
defendant as against the exclusive licensee.
(5) Where an action is brought in the circumstances mentioned insubsection (3) and the owner of the copyright and the exclusive
licensee are not plaintiffs in the action, the court, in assessing
damages in respect of any infringement as is mentioned in that
subsection—(a) if the plaintiff is the exclusive licensee, shall take into
account any liabilities (in respect of royalties orotherwise) to which the licence is subject; and(b) whether the plaintiff is the owner of the copyright or the
exclusive licensee, shall take into account any pecuniary
remedy awarded to the other party under section 37 inrespect of that infringement, or, as the case may require,
any right of action exercisable to the other party under that
section in respect thereof.
(6) Where an action, in so far as it is brought under section 37,
relates (wholly or partly) to an infringement in respect of which theowner of the copyright and the exclusive licensee have concurrent
rights of action under that section, and in that section (whether they
are both parties to it or not) an account of profits is directed to betaken in respect of that infringement, then subject to any agreementof which the court is aware whereby the application of those profits isdetermined as between the owner of the copyright and the exclusive
licensee, the court shall apportion the profits between them as thecourt may consider just and shall give such directions as the court
may consider appropriate for giving effect to the apportionment.
(7) In an action brought either by the owner of the copyright or by
the exclusive licensee—(a) no judgment or order for the payment of damages or
statutory damages in respect of an infringement of
copyright shall be given or made under section 37, if a
final judgment or order has been given or made awarding

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ACT 332

an account of profits to the other party under that section
in respect of the same infringement; and(b) no judgment or order for an account of profit in respect of
an infringement of copyright shall be given or made underthat section, if a final judgment or order has been given or
made awarding either damages, statutory damages or an
account of profits to the other party under that section in
respect of the same infringement.
(8) Where, in an action brought in the circumstances mentioned insubsection (3), whether by the owner of the copyright or by theexclusive licensee, the other party is not joined as a plaintiff (either at
the commencement of the action or subsequently) but is added as adefendant, he shall not be liable for any costs in the action unless heenters an appearance and takes part in the proceedings.
(9) For the purposes of this section, the expression—―exclusive licence‖ means a licence signed by or on behalf of anowner or a prospective owner of copyright authorizing the licensee tothe exclusion of all other persons, to exercise a right which by virtueof this Act would (apart from the licence) be exercisable exclusively
by the owner of the copyright; and ―exclusive licensee‖ shall be
construed accordingly;―if the licence had been an assignment‖ means if, instead of thelicence, there had been granted (subject to terms and conditions
corresponding as nearly as may be with those subject to which thelicence was granted) an assignment of the copyright in respect of its
or their application to the doing, at the place and time authorized by
the licence, of the acts so authorized;―the other party‖, in relation to the owner of the copyright, means
the exclusive licensee, and in relation to the exclusive licensee,means the owner of the copyright.

Restriction on importation of infringing copies
39. (1) The owner of copyright in any work, or any person authorizedby him, may make an application to the Controller to request that

Copyright71

during a period specified in the application copies of the work towhich this section applies be treated as infringing copies.
(1A) The application under subsection (1) —(a) shall be in such form as may be prescribed;(b) shall state that the person named in it is the owner of the
copyright; and(c) shall be supported by such documents and information,
and accompanied by such fee, as may be prescribed.
(2) This section shall apply to any copy of a work made outside
Malaysia the making of which was carried out without the consent or
licence of the owner of the copyright in the work.
(2A) Upon receipt of the application under subsection (1), theController shall determine the application and the Controller shallwithin a reasonable period inform the applicant by a written notice
whether the application has been approved and specify the period
during which the copies shall be treated as infringing copies.
(3) Where the application is approved by the Controller in respectof a work and the application is not withdrawn, the importation of
any infringing copies into Malaysia for the duration of the period
specified in the Controller’s notice shall be prohibited:
Provided that this subsection shall not apply to the importation of
any copy by a person for his private and domestic use.
(4) (Deleted by Act A1082).
(5) The Controller shall require any person making an application
under subsection (1) —(a) to deposit a security which in the Controller’s opinion is
sufficient to reimburse the Government for any liability or
expenses which may be incurred in consequence of thedetention at any time within the period specified in theController’s notice of any infringing copies or inconsequence of anything done in relation to a copy sodetained; and72

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ACT 332(b) whether or not a security is given, to keep the Controller
indemnified against any liability or expenses referred to inparagraph (a).
(6) Any Assistant Controller, police officer not below the rank ofInspector or any officer of Customs may search for and seize any
infringing copies which are prohibited from being imported into
Malaysia under subsection (3).
(7) Whenever any infringing copies are seized under this section,
the seizing officer shall forthwith give notice in writing of suchseizure and the grounds thereof to the owner of the infringing copies
if known, either by delivering such notice to him personally or bypost at his residence, if known:
Provided that such notice shall not be required to be given wheresuch seizure is made on the person, or in the presence of the offenderor the owner or his agent, or in the case of a vessel or aircraft, in thepresence of the master or pilot, as the case may be.
(8) Infringing copies shall be liable to forfeiture as if they wereprohibited goods under the law relating to Customs.
(9) The Minister may make such regulations as he thinks necessaryor expedient for the purpose of this section.
Application of sections 36, 37, 38 and 39 to performers’ right
39A. Sections 36, 37, 38 and 39 shall apply mutatis mutandis toperformers’ right.

Back-up copy of computer program
40. (1) Notwithstanding any express contract condition to thecontrary, the copyright in a literary work in the form of a computer
program is not infringed by the making of a reproduction of the work
or of a computer program being an adaptation of the work, if—Copyright73(a) the reproduction is made by, or on behalf of, the owner ofthe copy (in this section referred to as ―the original copy‖)
from which the reproduction is made; and(b) the reproduction is made for the purpose only of being
used, by or on behalf of the owner of the original copy, inlieu of the original copy in the event that the original copy
is lost, destroyed or rendered unusable.
(2) Subsection (1) does not apply to the making of a reproductionof a computer program, or of an adaptation of a computer program—(a) from an infringing copy of the computer program; or(b) contrary to an express direction by or on behalf of theowner of the copyright in the computer program given to
the owner of the original copy not later than the time when
the owner of the original copy acquired the original copy.
(3) For the purposes of this section—(a) a reference to a copy of a computer program or of an
adaptation of a computer program is a reference to any
article in which the computer program or adaptation isreproduced in a material form; and(b) a reference to an express direction, in relation to a copy ofa computer program, or of an adaptation of a computer
program, includes a reference to a clearly legible direction
printed on the copy or on a package in which the copy is
supplied.

Offences
41. (1) Any person who during the subsistence of copyright in a workor performers’ right—(a) makes for sale or hire any infringing copy;

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ACT 332(b) sells, lets for hire or by way of trade, exposes or offers forsale or hire any infringing copy;(c) distributes infringing copies;(d) has in his possession, custody or control, otherwise thanfor his private and domestic use, any infringing copy;(e) by way of trade, exhibits in public any infringing copy;(f) imports into Malaysia, otherwise than for his private anddomestic use, an infringing copy;(g) makes or has in his possession any contrivance used orintended to be used for the purposes of making infringing
copies;(h) circumvents or causes or authorizes the circumvention ofany effective technological measures referred to in
subsection 36A(1);(ha) manufactures, imports or sells any technology or device
for the purpose of the circumvention of technologicalprotection measure referred to in subsection 36A(3);(i) removes or alters any electronic rights management
information referred to in section 36B without authority; or(j) distributes, imports for distribution or communicates tothe public, without authority, works or copies of works inrespect of which electronic rights management
information has been removed or altered withoutauthority,
shall, unless he is able to prove that he had acted in good faith andhad no reasonable grounds for supposing that copyright or
performers’ right would or might thereby be infringed, be guilty of an
offence and shall on conviction be liable—

Copyright75(i) in the case of an offence under paragraphs (a) to (f), to*a fine of not less than two thousand ringgit and not
more than twenty thousand ringgit for each infringing
copy, or to imprisonment for a term not exceeding five
years or to both and for any subsequent offence, to **afine of not less than four thousand ringgit and not
more than forty thousand ringgit for each infringing
copy or to imprisonment for a term not exceeding ten
years or to both;(ii) in the case of an offence under paragraphs (g) and(ha), to ***a fine of not less than four thousand ringgit
and not more than forty thousand ringgit for eachcontrivance in respect of which the offence wascommitted or to imprisonment for a term notexceeding ten years or to both and for any subsequent
offence to †a fine of not less than eight thousand
ringgit and not more than eighty thousand ringgit foreach contrivance in respect of which the offence wascommitted or to imprisonment for a term notexceeding twenty years or to both;(iii) in the case of an offence under paragraphs (h), (i) and(j), to a fine not exceeding two hundred and fifty
thousand ringgit or to imprisonment for a term notexceeding ††five years or to both and for any
subsequent offence, to a fine not exceeding five
hundred thousand ringgit or to imprisonment for aterm not exceeding †††ten years or to both.
___________________________________________________________________________________*NOTE—Previously ―a fine not exceeding ten thousand ringgit‖–see the Copyright (Amendment) Act
2003 [Act A1195].
**NOTE—Previously ―a fine not exceeding twenty thousand ringgit‖–see the Copyright (Amendment)
Act 2003 [Act A1195].
***NOTE—Previously ―a fine not exceeding twenty thousand ringgit‖–see the Copyright (Amendment)
Act 2003 [Act A1195].
†NOTE—Previously ―a fine not exceeding forty thousand ringgit‖–see the Copyright (Amendment) Act
2003 [Act A1195].
††NOTE—Previously ―three years‖–see the Copyright (Amendment) Act 2003 [Act A1195].
†††NOTE—Previously ―five years‖–see the Copyright (Amendment) Act 2003 [Act A1195].

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ACT 332(2) For the purposes of paragraphs (1)(a) to (f), any person who has
in his possession, custody or control three or more infringing copies
of a work or recording in the same form shall, unless the contrary is
proved, be presumed to be in possession of or to import such copies
otherwise than for private or domestic use.
(3) Any person who causes a literary or musical work, soundrecording or film to be performed in public shall be guilty of an
offence under this subsection unless he is able to prove that he had
acted in good faith and had no reasonable grounds for supposing thatcopyright would or might thereby be infringed.
(4) Where an offence under this section is committed by a body
corporate or by a person who is a partner in a firm, every director,
chief executive officer, chief operating officer, secretary, manager orother similar officer of the body corporate or every other partner inthe firm or was purporting to act in any such capacity or was in any
manner or to any extent responsible for the management of the affairsof the body corporate or firm or was assisting in such management, as
the case may be, shall be deemed to be guilty of the offence and may
be charged severally or jointly in the same proceedings with the body
corporate or firm unless he proves that the offence was committed
without his consent or connivance and that he exercised all due
diligence to prevent the commission of the offence.

Compounding of offences
41A. (1) The Controller or a Deputy Controller or any person
authorized in writing by the Controller may with the written consent
of the Public Prosecutor compound any subsidiary legislation madeunder this Act which is prescribed to be a compoundable offence by
accepting from the person reasonably suspected of having committed
such offence a sum of money not exceeding such amount as may beprescribed.
(2) Upon receipt of the payment under subsection (1), no further
proceedings shall be taken against such person in respect of suchoffence and where possession has been taken of any goods, such
goods may be released, subject to such conditions as may be imposedin accordance with the conditions of the compound.
(3) (Deleted by Act A1139).

Copyright77

Affidavit admissible in evidence
42. (1) An affidavit, certified extracts of the Register of Copyrightreferred to in section 26B or statutory declaration made before any
person having authority to administer oath by or on behalf of any
person claiming to be—(a) the owner of the copyright in any works eligible forcopyright under this Act stating that—(i) at the time specified herein copyright subsisted
in such work;(ii) he or the person named therein is the owner ofthe copyright; and(iii) a copy of the work annexed thereto is the true
copy thereof; or(b) the performer in a performance eligible for performers’
right under this Act stating that—(i) at the time specified therein performers’ rightsubsisted in such performance;(ii) he or the person named therein is the performer;
and(iii) a copy of the document annexed thereto is the
document which proves that he or the person
named therein performed in the performance,
shall be admissible in evidence any proceedings under
this Act and shall be prima facie evidence of the facts
contained therein.
(2) Any person who is authorized to act on behalf of the owner ofthe copyright or performer for the purposes of subsection (1) shall be
required to produce such authorization in writing.
(3) (Deleted by Act A1082).

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Penalty
43. Any person who is guilty of an offence under this Act or any
regulations made thereunder for which no special penalty is provided,
shall on conviction be liable to *a fine of not less than ten thousand
ringgit and not more than fifty thousand ringgit or to imprisonment
for a term not exceeding **five years or to both.

PART VIAANTI-CAMCORDING

Offences relating to anti-camcording
43A. (1) Any person who operates an audiovisual recording device ina screening room to record any film in whole or in part shall be guiltyof an offence and shall on conviction be liable to a fine of not lessthan ten thousand ringgit and not more than one hundred thousand
ringgit or to imprisonment for a term not exceeding five years or toboth.
(2) Any person who is guilty of an attempt to commit an offence
under subsection (1) shall on conviction be liable to a fine of not lessthan five thousand ringgit and not more than fifty thousand ringgit or
to imprisonment for a term not exceeding one year or to both.
(3) For the purpose of this section—―audiovisual recording device‖ means any device which is capableof recording or transmitting a motion picture or any part thereof;―motion picture‖ means film;―screening room‖ means any venue which is utilized for theexhibition or screening of a motion picture, including a motion
picture theatre.
___________________________________________________________________________________*NOTE—Previously ―a fine not exceeding twenty-five thousand ringgit‖–see the Copyright(Amendment) Act 2003 [Act A1195].
**NOTE—Previously ―three years‖–see the Copyright (Amendment) Act 2003 [Act A1195].

Copyright

79

PART VIB
LIMITATION OF LIABILITIES OF THE SERVICEPROVIDER

Interpretation
43B. For the purpose of this Part—―another network‖ means any type of network that is able toconnect with the primary network;―court‖ means the appropriate High Court in Malaysia;―electronic copy‖, in relation to any work, means a copy of thework in an electronic form and includes the original version of thework in that form on a network;―originating network‖ means another network from which an
electronic copy originates;―primary network‖, in relation to a service provider, means a
network controlled or operated by or for the service provider;―routing‖ means directing or choosing the means or routes for thetransmission of data;―service provider‖—(a) for the purpose of section 43C, means a person who
provides services relating to, or provides connections for,the access, transmission or routing of data; and(b) for the purpose of this Part other than section 43C, means aperson who provides, or operates facilities for, online
services or network access and includes a person referred
to in paragraph (a).

Transmission, routing and provision of connections
43C. (1) A service provider shall not be held liable for infringementof copyright in any work if the infringement occurs by reason of—

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ACT 332(a) the transmission or routing, or the provision ofconnections, by the service provider of an electronic copyof the work through its primary network; or(b) any transient storage by the service provider of anelectronic copy of the work in the course of suchtransmission, routing or provision of connections:
Provided that—(A) the transmission of the electronic copy of thework was initiated by or at the direction of aperson other than the service provider;(B) the transmission, routing, provision ofconnections or storage is carried out through an
automatic technical process without any
selection of the electronic copy of the work by
the service provider;(C) the service provider does not select the recipientof the electronic copy of the work except as an
automatic response to the request of anotherperson; or(D) the service provider does not make any
modification, other than a modification made aspart of a technical process, to the content of theelectronic copy of the work during its
transmission through the primary network.
(2) Where infringing material has been identified to come from an
online location outside Malaysia or from a specified account and if
the court is satisfied that subsection (1) applies to the service
provider, the court may order the service provider—(a) to take reasonable steps to disable access to an online
location that is physically situated outside Malaysia; or(b) to terminate the specified account.

Copyright81

System caching
43D. (1) A service provider shall not be held liable for infringementof copyright for the making of any electronic copy of the work on its
primary network if it is—(a) from an electronic copy of the work made available on an
originating network;(b) through an automatic process;(c) in response to an action by a user of its primary network;or(d) in order to facilitate efficient access to the work by a user:
Provided that—(A) the service provider does not make any
substantive modification, other than amodification made as part of a technical process,to the content of the electronic copy during thetransmission of such copy to users of its primary
network or another network; and(B) the service provider satisfies such otherconditions as the Minister may determine in
relation to—(i) access to the electronic copy by users of its
primary network or another network;(ii) the refreshing, reloading or updating of theelectronic copy; and(iii) non-interference with the technology usedat the originating network to obtain
information about the use of any work on
the originating network, being technologythat is consistent with industry standards in
Malaysia.
(2) A service provider shall not be held liable under this section if
the copyright owner or his agent has not given any notification under
section 43H.

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Storage and information location tools
43E. (1) A service provider shall not be held liable for infringement of
copyright in any work where such infringement occurs by reasonof—(a) the electronic copy of the work being stored at thedirection of a user of its primary network;(b) the service provider referring or linking a user to an online
location on an originating network at which an electronic
copy of the work is made available by the use of an
information location tool such as a hyperlink or directory,or an information location service such as a search engine,if—(i) the service provider—(A) does not have actual knowledge that theelectronic copy of the work or activity is
infringing; or(B) in the absence of such actual knowledge, is
not aware of the facts or circumstancesfrom which the infringing activity isapparent;(ii) the service provider does not receive any
financial benefit directly attributable to theinfringement of the copyright in the work that
occurs in, or in the course of, making available
the electronic copy on its primary network or on
another network, and that the service provider
does not have the right and ability to control theinfringing activity; and(iii) upon receipt of a notification of any
infringement under section 43H, the service
provider responds within the time specified toremove or disable access to the material that isclaimed to be infringing or to be the subject of
the infringing activity.
(2) In determining whether a financial benefit is directly
attributable to the infringement of copyright in the work, the court
shall have regard to—Copyright83(a) the industry practice in relation to the charging of services
by a service provider;(b) whether the financial benefit was greater than the benefit
that would usually result from charging in accordancewith accepted industry practices; and(c) any other matter that the court considers relevant.
(3) A service provider shall not be held liable under this section if
the copyright owner or his agent has not given any notification under
section 43H.

Exemption of service provider from liability for removal of copy
or other activities from network
43F. (1) A service provider acting in compliance with subsection
43H(1) and in accordance with this Part shall not be subject to any
liability in respect of an action taken in good faith in relation to—(a) the removal of an electronic copy of a work from its
primary network; or(b) the disabling of access to an electronic copy of a work on
its primary network or another network.
(2) Upon removing or disabling access to an electronic copy of awork under subsection (1), the service provider shall notify, as far as
may be practicable, the person who made available the electronic
copy of the action taken by the service provider and enclosing
therewith a copy of the notification received by it pursuant tosubsection 43H(1).
(3) Notwithstanding anything to the contrary, if—(a) as a result of a settlement between the copyright owner ofthe work and the person who made available the electronic
copy of the work, the service provider receives a written
notification from either party to restore the electronic copy
to the network or to restore access to that copy; or(b) the person who made available the electronic copy of thework was adjudicated by any court or tribunal as therightful copyright owner of the work,

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the service provider shall, as far as practicable—(A) restore the electronic copy of the work to its primary
network; or(B) restore access to the electronic copy of the work on its
primary network or another network:
Provided that the service provider is furnished with theproper documentation relating to the settlement between
the parties or judgment or decision of the court or
tribunal.
(4) A service provider shall not be treated as having authorized the
doing of any act which is an infringement of copyright under this Act
solely by reason of the service provider having provided a facility
which was used by a person to perform the infringing act.

Information on service provider
43G. (1) In providing its service to the users, a service provider shallmake available the following information in a manner which isaccessible to any person using the service:(a) the name and address of the service provider; and(b) the details and particulars of a designated agent to receive
any complaint or notice regarding an allegation of
infringement of copyright.
(2) Failure by a service provider to comply with subsection (1) shallnot entitle the service provider to rely on the protection provided
under this Part.

Notification by copyright owner and its effect
43H. (1) If an electronic copy of any work accessible in a network
infringes the copyright of a work, the owner of the copyright which
has been infringed may notify the service provider of the network ofsuch infringement by issuing to the service provider a notification in
the manner as determined by the Minister, requiring the serviceCopyright85

provider to remove or disable any access to the electronic copy on theservice provider’s network:
Provided that the owner of the copyright shall undertake tocompensate the service provider or any other person against any
damages, loss or liability arising from the compliance by theservice provider of such notification.
(2) A service provider who has received a notification undersubsection (1) shall remove or disable any access to the infringing
electronic copy on its network not later than forty-eight hours fromthe time the notification was received.
(3) The person whose electronic copy of the work was removed or
to which access has been disabled pursuant to subsection (2) may
issue to the service provider a counter notification in the manner as
may be determined by the Minister, requiring the service provider torestore the electronic copy or access to it on the service provider’s
primary network:
Provided that the person shall undertake to compensate theservice provider or any other person against any damages, loss or
liability arising from the compliance by the service provider of suchcounter notification.
(4) A service provider shall—(a) upon receipt of a counter notification, promptly provide theissuer of the notification under subsection (1) with a copy ofthe counter notification and inform such issuer that theremoved material or access to the said material will be
restored in ten business days; and(b) restore the removed material or access to it not less than ten
business days following receipt of the counter notification,
unless the service provider has received another notificationfrom the issuer of the notification under subsection (1) that
he has filed an action seeking a court order to restrain theissuer of the counter notification under subsection (3) fromengaging in any infringing activity relating to the materialon the service provider’s network.

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ACT 332(5) A counter notification shall be issued to the service provider’sdesignated agent containing the following information:(a) a physical or electronic signature of the subscriber;(b) identification of the material that has been removed or towhich access has been disabled and the location at which thematerial appeared before it was removed or access to it was
disabled;(c) a statement under penalty of perjury that the issuer has a goodfaith belief that the material was removed or disabled as aresult of mistake or misidentification of the material to be
removed or disabled; and(d) the issuer’s name, address, telephone number and a statementthat the issuer consents to the jurisdiction of the court inwhich the address is located, or if the issuer’s address is
outside Malaysia, in which the service provider may be found,and that the subscriber will accept service of process from theperson who provided the notification under subsection (1) oran agent of such person.

Maker of false notice guilty of offence and liable in damages
43I. (1) If a person making a notification in accordance with section
43H makes any statement which is false, which he knows to be false
or does not believe to be true, and which touches on any pointmaterial to the object of the notice—(a) he shall be guilty of an offence and shall on conviction beliable to a fine not exceeding one hundred thousand
ringgit or to imprisonment for a term not exceeding five
years or to both; and(b) he shall be liable to compensate any person who suffers
any loss or damages as a result of making the notification.
(2) Subsection (1) shall apply whether or not the statement is madein Malaysia, and if a person makes the statement outside Malaysia, he
may be dealt with under paragraph (1)(a) as if the offence wascommitted in Malaysia.

Copyright

87

PART VII
ENFORCEMENT

Entry by warrant or otherwise
44. (1) In every case where information is given on oath to any
magistrate that there is reasonable cause for suspecting that there is in
any house or premises any infringing copy or any contrivance used orintended to be used for making infringing copies or capable of being
used for the purpose of making infringing copies, or any other article
or vehicle, book or document by means of or in relation to which any
offence under section 41 has been committed, he shall issue a warrant
under his hand by virtue of which any Assistant Controller or police
officer not below the rank of Inspector named or referred to in thewarrant may enter the house or premises at any reasonable time by
day or night and search for and seize any such copy, contrivance,
article, vehicle, book or document:
Provided that if an Assistant Controller or a police officer not
below the rank of Inspector is satisfied upon information received
that he has reasonable grounds for believing that by reason of delay
in obtaining a search warrant, any copy, contrivance, article orvehicle, book or document used to commit or to be used to commit anoffence under this Act is likely to be removed or destroyed, he may
enter such house or premises without a warrant and seize any suchcopy, contrivance, article, vehicle, book or document from therein.
(1A) An Assistant Controller or a police officer not below the rankof Inspector entering any house or premises by virtue of subsection(1) may take with him such other persons and such equipment as may
appear to him necessary; and on leaving any house or premises which
he has entered he shall, if the house or premises is unoccupied or theoccupier is temporarily absent, leave it as effectively secured against
trespassers as he found it.
(2) An Assistant Controller or a police officer not below the rank ofInspector making the search may seize any infringing copy, copy
suspected to be an infringing copy, contrivance used or intended to be
used for making infringing copies or capable of being used for the
purpose of making infringing copies, or any other article, vehicle,
book or document and if any such copy, contrivance, article, vehicle,

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book or document is seized, he shall produce the same before themagistrate, and upon such production the magistrate shall direct thesame to be kept in the custody of the Controller or AssistantController or the police for the purpose of any investigation orprosecution under this Act:
Provided that where, upon any such seizure, any such copies,
contrivances, articles, vehicles, books or documents are kept in thecustody of the Controller or Assistant Controller or the police andwhere it is found, by reason of their nature, size or amount, that it is
not practical to produce the same before the magistrate, it shall be
sufficient for the purposes of this subsection for the seizure to bereported to the magistrate.
(3) If it is found, by reason of their nature, size or amount, that it is
not practical to remove from where they are found such things or
documents seized by an Assistant Controller or a police officer not
below the rank of Inspector and the Assistant Controller or the police
officer has sealed the same in the premises or container in which they
are found pursuant to section 47, it shall be sufficient for the purposeof producing the same before the magistrate under subsection (2) for
the seizure to be reported to the magistrate or for the magistrate toview the same in such premises or container.

Effecting entry, removal and detention
45. Any Assistant Controller or police officer not below the rank ofInspector may in the exercise of his powers under section 44, if it isnecessary so to do—(a) break open any outer or inner door of the dwelling houseor any other premises and enter thereinto;(b) forcibly enter the place and every part thereof;(c) remove by force any obstruction to entry, search, seizure
and removal as he is empowered to effect; and(d) detain every person found in the place until the place has
been searched.

Copyright89

Access to computerized or digitalized data
45A. (1) Any Assistant Controller or a police officer not below therank of Inspector shall, in the exercise of his powers under section 44,
if it is necessary, be given access to computerized or digitalized data
whether stored in a computer or any other medium.
(2) For the purpose of this section, ―access‖ includes being
provided with the necessary password, encryption code, decryption
code, software or hardware and any other means required to enable
comprehension of the computerized data.

List of things seized
46. (1) The Assistant Controller or police officer not below the rankof Inspector seizing any infringing copy, any copy suspected to be an
infringing copy, contrivance, article, vehicle, book or document
under this Part shall prepare a list of the things seized and forthwithdeliver a copy signed by him to the occupier, or his agents or servantspresent in the premises.
(2) If the premises are unoccupied, the Assistant Controller orpolice officer not below the rank of Inspector shall wherever possible
post a list of the things seized on the premises.

Sealing of things
47. Where it appears to an Assistant Controller or a police officer not
below the rank of Inspector that it is not practical to remove from
where they are found, any thing or document seized by him in theexercise of his powers under this Act, by reason of their nature, sizeor amount, he may by any means seal such things or documents in thepremises or container in which they are found and it shall be an
offence for any person without lawful authority to break, tamper withor damage such seal or remove such things or documents or toattempt to do so.

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ACT 332

Obstruction to search, etc.
48. Any person who—(a) refuses any Assistant Controller or police officer not
below the rank of Inspector access to any place;(b) assaults, obstructs, hinders or delays any AssistantController or police officer not below the rank ofInspector in effecting any entry which he is entitled toeffect under this Act, or in the execution of any duty
imposed or power conferred by this Act;(c) refuses to give to any Assistant Controller or police
officer not below the rank of Inspector any information
relating to an offence or suspected offence under this Act
or any other information which may reasonably berequired of him and which he has in his knowledge or
power to give;(d) with a view to deceiving any public officer in theexecution of the provisions of this Act, or with a view to
procuring or influencing the doing or omission ofanything in relation to this Act, knowingly gives any false
information or makes any statement which is false andwhich he either knows or believes to be false or does notbelieve to be true; or(e) in the affidavit or statutory declaration referred to in
subsection 42(1), makes any statement which is false, andwhich he either knows or believes to be false or does notbelieve to be true, touching any point material to theobject for which the affidavit or declaration is made orused under subsection 42(1),shall be guilty of an offence.

Warrant admissible notwithstanding defects, etc.
49. A warrant issued under this Act shall be valid and enforceable
notwithstanding any defect, mistake or omission in the warrant or in
the application for such warrant and any copy, contrivance, article,

Copyright91

vehicle, book or document seized under such warrant shall be
admissible in evidence in any proceedings under this Act.

Powers of investigation
50. (1) Any Assistant Controller or police officer not below the rankof Inspector shall have the power to investigate the commission of
any offence under this Act or subsidiary legislation made thereunder.
(2) Any Assistant Controller or police officer not below the rank ofInspector may, in relation to any investigation in respect of any
offence under this Act or subsidiary legislation made thereunder,
exercise the special powers in relation to police investigation inseizable cases given by the Criminal Procedure Code [Act 593].

Power of arrest
50A. (1) Any Assistant Controller may arrest without warrant any
person whom he reasonably believes has committed or is attempting
to commit seizable offence under this Act or any regulations madethereunder.
(2) Any Assistant Controller making an arrest under subsection (1)shall without unnecessary delay make over the person so arrested to
the nearest police officer or, in the absence of a police officer, takesuch person to the nearest police station, and thereafter the person
shall be dealt with as is provided for by the law relating to criminal
procedure for the time being in force as if he had been arrested by apolice officer.

Power to intercept communications
50B. (1) Notwithstanding the provisions of any other written law, thePublic Prosecutor, if he considers that any communications is likely
to contain any information which is relevant for the purpose of any
investigation into an offence under this Act or its subsidiarylegislation, may, on the application of an Assistant Controller or apolice officer not below the rank of Inspector, authorize the officer tointercept or to listen to any communications transmitted or received
by any communications.

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Laws of Malaysia

ACT 332(2) When any person is charged with an offence under this Act or
its subsidiary legislation, any information obtained by an AssistantController or a police officer under subsection (1), whether before orafter the person is charged, shall be admissible at his trial in evidence.
(3) An authorization by the Public Prosecutor under subsection (1)may be given either orally or in writing; but if an oral authorization is
given, the Public Prosecutor shall, as soon as practicable, reduce theauthorization into writing.
(4) A certificate by the Public Prosecutor stating that the action
taken by an Assistant Controller or a police officer under subsection(1) had been authorized by him under that subsection shall beconclusive evidence that it had been so authorized, and the certificate
shall be admissible in evidence without proof of his signature there.
(5) No person shall be under any duty, obligation or liability, or bein any manner compelled, to disclose in any proceedings theprocedure, method, manner or means, or any matter related to it, of
anything done under subsection (1).

Admissibility of statement
51. (1) Notwithstanding the provisions of any written law to thecontrary, where a person is charged with an offence under this Act
any statement, whether the statement amounts to a confession or notor whether it is oral or in writing, made at any time, whether before
or after the person is charged and whether in the course ofinvestigations under this Act or not and whether or not wholly or
partly in answer to questions, by the person to or in the hearing of an
Assistant Controller or a police officer not below the rank ofInspector and whether or not interpreted to him by an AssistantController, a police officer not below the rank of Inspector, or any
other person concerned or not in the case shall be admissible at histrial in evidence and, if the person tenders himself as a witness, anysuch statement may be used in cross-examination and for the purposeof impeaching his credit:
Provided that—(a) no such statement shall be admissible or used as
aforesaid—Copyright

93

(i)

if the making of the statement appears to thecourt to have been caused by any inducement,
threat or promise having reference to the charge
against such person proceeding from the person
in authority and sufficient in the opinion of thecourt to give a person grounds which would
appear to him reasonable for supposing that bymaking it he would gain any advantage or avoid
any evil of a temporal nature in reference to theproceedings against him; or(ii)

in the case of a statement made by the person
after his arrest, unless the court is satisfied that
he was cautioned in the following words orwords to the like effect:―It is my duty to warn you that you are notobliged to say anything or to answer any
question but anything you say, whether inanswer to a question or not, may be given inevidence.‖; and(b) a statement made by any person before there is time tocaution him shall not be rendered inadmissible in evidence
merely by reason of his not having been cautioned if he iscautioned as soon as possible.
(2) Notwithstanding the provisions of any written law to thecontrary, a person accused of an offence to which subsection (1)applies shall not be bound to answer any question relating to the caseafter he has been cautioned.

Evidence of agent provocateur is admissible
51A. (1) Notwithstanding any written law or rule of law to thecontrary, no agent provocateur shall be presumed to be unworthy ofcredit by reason only of his having attempted to abet or abetted thecommission of an offence by any person under this Act if the attempt
to abet or abetment was for the sole purpose of securing evidence
against such person.

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ACT 332(2) Notwithstanding any written law or rule of law to the contrary,
any statement, whether oral or in writing made to the agent
provocateur by any person who subsequently is charged with an
offence under this Act shall be admissible as evidence at his trial.

Disclosure of information
52. Where a person discloses to any other person any information
obtained by him in pursuance of this Act, he shall be guilty of an
offence, unless the disclosure was made in or for the purposes of theperformance of the functions and duties under this Act.

Tipping-off
52A. (1) Any person who—(a) knows or has reason to suspect that an AssistantController or a police officer not below the rank ofInspector is acting, or is proposing to act, in connection
with an investigation which is being, or is about to be,
conducted under or for the purposes of this Act anddiscloses to any other person information or any othermatter which is likely to prejudice that investigation or
proposed investigation; or(b) knows or has reason to suspect that a disclosure has been
made to an Assistant Controller or a police officer under
this Act and discloses to any other person information or
any other matter which is likely to prejudice any
investigation which might be conducted following thedisclosure,commits an offence under this Act.
(2) Nothing in subsection (1) makes it an offence for an advocateand solicitor or his employee to disclose any information or othermatter—(a) to his client or the client’s representative in connection
with the giving of advice to the client in the course and forthe purpose of the professional employment of the
advocate and solicitor; orCopyright95(b) to any person in contemplation of, or in connection withand for the purpose of, any legal proceedings.

Institution of prosecution
53. No prosecution for any offence under this Act shall be instituted
except by or with the consent in writing of the Public Prosecutor.

Forfeiture of articles
54. (1) Any article, vehicle, book, document, copy or contrivanceseized pursuant to this Act shall be liable to forfeiture.
(2) The court trying any person accused of an offence under thisAct may at the conclusion of the trial, whether he is convicted or not,order that article, vehicle, book, document, copy or contrivanceseized from that person be disposed of or in the case of infringing
copies, be delivered up to the first owner of the copyright in question,
his assignee or exclusive licensee, as the case may be.
(3) Where there is no prosecution with regard to any article,
vehicle, book, document, copy or contrivance seized in exercise ofany powers conferred under this Act, the same shall be taken anddeemed to be forfeited at the expiration of one calendar month fromthe date it was seized unless a claim thereto is made before that datein the manner hereinafter set forth.
(4) Any person asserting that he is the owner of any article, vehicle,
book, document, copy or contrivance seized under this Act and thatthe same are not liable to forfeiture may personally or by his agent
authorized in writing by him give written notice to an AssistantController of his claim.
(5) On receipt of a notice under subsection (4), the AssistantController shall refer the notice to the Controller who may, after suchenquiry as may be necessary, direct that such article, vehicle, book,
document, copy or contrivance be released or forfeited or refer thematter to the court for decision.
(6) The court to which the matter is referred shall issue a summons
requiring the person asserting that he is the owner of the article,

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Laws of Malaysia

ACT 332

vehicle, book, document, copy or contrivance and the person fromwhom they were seized to appear before it and upon his appearance
or default to appear, due service of the summons being proved, thecourt shall proceed to the examination of the matter and on proof that
an offence under this Act or subsidiary legislation made thereunderhas been committed and that such article, vehicle, book, document,
copy or contrivance was the subject matter or was used in thecommission of such offence, shall order the same to be forfeited ormay, in the absence of such proof, order the release of such article,
vehicle, book, document, copy or contrivance to the person entitled toit.
(7) Any article, vehicle, book, document, copy or contrivanceforfeited or deemed to be forfeited shall be delivered to the Controller
who shall dispose of it in a manner he deems fit or deliver it up to thefirst owner of copyright in question, his assignee or exclusive
licensee, as the case may be.

Proportional examination of articles seized to be accepted
55. (1) Where packages or receptacles containing copies suspected to
be infringing copies or otherwise liable to seizure have been seized, it
shall be sufficient only to open and examine one per centum or any
five copies, whichever is the lesser, of the contents of each package
or receptacle seized.
(2) The court shall presume that the remaining copies contained in
the package or receptacle are of the same nature as those copies
examined.

Protection of informers from discovery
56. (1) Except as hereinafter provided, no witness in any civil or
criminal proceedings shall be obliged or permitted to disclose thename or address of an informer or the substance and nature of theinformation received from him or to state any matter which may leadto his discovery.
(2) If any books, documents or papers which are in evidence or are
liable to inspection in civil or criminal proceedings whatsoevercontain any entry in which any informer is named or described orCopyright97

which might lead to his discovery, the court shall cause all suchpassages to be concealed from view or to be obliterated so far only as
may be necessary to protect the informer from discovery.
(3) If on the trial for any offence against this Act or any subsidiarylegislation made thereunder the court after full enquiry into the casebelieves the informer unlawfully made in his complaint a material
statement which he knew or believed to be false or did not believe to
be true, or if in any other proceedings the court is of the opinion thatjustice cannot be fully done between the parties thereto without thediscovery of the informer, it shall be lawful for the court to require
the production of the original complaint, if in writing, and permit
enquiry, and receive full disclosure concerning the informer.

Protection of Assistant Controllers and police officers
57. No action or prosecution shall be brought, instituted or
maintained in any court against any Assistant Controller or police
officer not below the rank of Inspector for or on account of or in
respect of any act ordered or done for the purpose of carrying into
effect this Act, and no suit or prosecution shall lie in any court
against any other person for or on account of or in respect of any act
done or purporting to have been done by him under order, direction
or instruction of any Assistant Controller or police officer not below
the rank of Inspector given for any such purpose as aforesaid:
Provided that the act was done in good faith and in a reasonable
belief that it was necessary for the purpose intended to be served
thereby.
PART VIIIMISCELLANEOUS

58. (Deleted by Act A952).

Regulations
59. The Minister may make regulations for the carrying out of theprovisions of this Act.

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ACT 332

Extension of application of Act
59A. (1) The Minister may make regulations applying any of theprovisions of this Act specified in the regulations, in relation to a
country so specified in the regulations (which in this section isreferred to as the ―specified country‖), which may or may not be aparty to a treaty or a member of any Convention or Union relating tocopyright or performers’ right to which Malaysia is also a party or amember, so as to secure that those provisions—(a) apply in relation to literary, musical or artistic works, orfilms or sound recordings, or published editions ofliterary, musical or artistic works first published in thatspecified country as they apply in relation to literary,musical or artistic works, or films or sound recordings, or
published editions of literary, musical or artistic works
first published in Malaysia;(b) apply in relation to persons who, at the material time
specified in the regulations, are citizens of, or residents in,that specified country as they apply in relation to persons
who, at such a time, are citizens of, or permanent residentsin, Malaysia;(c) apply in relation to bodies corporate incorporated under
the laws of that specified country as they apply in relation
to bodies corporate established in Malaysia andconstituted or vested with legal personality under the lawsof Malaysia;(d) apply in relation to broadcasts transmitted from thatspecified country as they apply in relation to broadcasts
transmitted from Malaysia;(e) apply in relation to works of architecture erected in thatspecified country or any other artistic works incorporated
in buildings located in that specified country as they apply
in relation to works of architecture erected in Malaysia or
any other artistic works incorporated in buildings locatedin Malaysia;(f) apply in relation to every work eligible for copyright if thework is made in that specified country as they apply inCopyright99

relation to every work eligible for copyright if the work is
made in Malaysia;(g) apply in relation to derivative works in that specified
country as they apply in relation to derivative works in
Malaysia; and(h) apply in relation to a performance taking place in thatspecified country as they apply in relation to a
performance in Malaysia.
(2) Reference in paragraph (1)(a) to works first published in a
specified country shall include works which were first publishedelsewhere but published in that specified country within thirty days ofsuch publication elsewhere.
(3) Regulations made under subsection (1) may apply theprovisions of this Act—(a) in relation to a specified country other than Malaysia
subject to such exceptions or modifications as may be
specified in those regulations;(b) either generally or in relation to such classes of works orother subject matter as may be specified in thoseregulations.
(4) The regulations made under subsection (1) may provide for theapplication of the regulations in relation to works made or
performances performed, as the case may be, before the date
Malaysia becomes a party to such a treaty or a member of such a
Convention or Union relating to copyright or performers’ right as
they apply in relation to works made or performances performed, as
the case may be, after that date.
(5) The regulations made under subsection (1) shall not be
construed as reviving any copyrights or performers’ rights which had
expired under the laws of the specified country before the date
Malaysia becomes a party to such a treaty or a member of such a
Convention or Union relating to copyright or performers’ right.
(6) The Minister shall not make regulations under this section
applying any of the provisions of this Act in respect of a specified

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ACT 332

country, other than a specified country which is a party to a treaty ora member of any Convention or Union relating to copyright or
performers’ rights to which Malaysia is also a party or a member,unless the Minister is satisfied that, in respect of the class of works orother subject matter to which those provisions relate, provision has
been or will be made under the laws of that specified country
whereby adequate protection will be given to owners of copyright or
performers under this Act.
(7) Where only by virtue of the regulations made under subsection(1), copyrights subsist in works that were made, or performers’ rights
subsist in performances performed before the commencement of such
regulations, nothing done before the commencement of such
regulations shall be taken to constitute an infringement of those
copyrights or performers’ rights, as the case may be.
Power of Minister to exclude from definition of “broadcast”
59B. (1) The Minister may, by order, exclude from the definition of―broadcast‖ in relation to a transmission by wire any of the following
services:(a) an interactive service;(b) an internal business service;(c) an individual domestic service;(d) a service on single-occupier premises otherwise than by
way of business amenity;(e) a service run for persons providing broadcasting services
through means of wire or providing programmes for suchservices.
(2) The Minister may, by order, amend subsection (1) so as to add
to or remove from the exclusion referred to in that subsection.

Copyright101

Savings
60. (1) Nothing in this Act shall affect any right or privilege of any
person, including the Government, under any written law, except inso far as that law is expressly repealed, amended or modified by or isinconsistent with this Act.
(2) Nothing in this Act shall affect the rights of the Government of
Malaysia, or any person deriving title from the Government to sell,use or otherwise deal with articles forfeited under the laws relating toCustoms, including articles so forfeited by virtue of this Act or any
written law repealed by this Act.

Repeal
61. The Copyright Act 1969 [Act 10] is repealed:
Provided that—(a) nothing contained in this Act shall affect any person’s
liability to be prosecuted or punished for offences
committed under the repealed Act before the coming into
operation of this Act, or any proceedings brought or
sentence imposed before that day in respect of suchoffence;(b) any proceedings, whether civil or criminal, or cause ofaction pending or existing immediately before the coming
into operation of this Act shall be continued or instituted
under the repealed law as if this Act had not been made;(c) any right, privilege, obligation or liability acquired,accrued or incurred under the repealed Act and any legal
proceedings (civil or criminal) or remedy in respect ofsuch right, privilege, obligation or liability shall not beaffected and any such legal proceedings or remedy may beinstituted or enforced under the relevant provisions of this
Act.

102

LAWS OF MALAYSIA
Act 332
COPYRIGHT ACT 1987
LIST OF AMENDMENTS
Amending law

Short title

In force fromAct A775

Copyright (Amendment) Act 1990

01-10-1990;
except s. 2,para 3(a), 3(c),3(e), s. 4,para 5(a),10(a), s 15, 17,
18, 20, 21 and
22:01-12-1987

Act A952

Copyright (Amendment) Act 1996

01-09-1999

Act A994

Copyright (Amendment) Act 1997

01-04-1999

Act A1082

Copyright (Amendment) Act 2000

15-08-2000

Act A1139

Copyright (Amendment) Act 2002

03-03-2003

P.U. (A) 277/2003

Revision of Laws (Rectification of
Copyright Act 1987) Order 2003

25-07-2003

Act A1195

Copyright (Amendment) Act 2003

01-10-2003

P.U. (B)508/2010

Copyright Act 1987-Corrigendum

18-11-2010

Act A1420

Copyright (Amendment) Act 201201-03-2012_________

103

LAWS OF MALAYSIA
Act 332
COPYRIGHT ACT 1987
LIST OF SECTIONS AMENDED
SectionAmending authority

In force from2

Act A77501-12-1987

3

Act A775
Act A952
Act A994
Act A1082
Act A1139
Act A1195
Act A1420

01-12-1987
01-10-1990
01-09-1999
01-04-1999
15-08-2000
03-03-2003
01-10-2003
01-03-2012

4

Act A1082
Act A1420

15-08-2000
01-03-2012

5

Act A1139
Act A1420

03-03-2003
01-03-2012

7

Act A952
Act A994
Act A1420

01-09-1999
01-04-1999
01-03-2012

8

Act A775
Act A1082
Act A1420

01-12-1987
15-08-2000
01-03-2012

9

Act A775
Act A1420

01-12-1987
01-10-1990
01-03-2012

10A

Act A1082

15-08-2000

13

Act A775
Act A994
Act A1082
Act A1420

01-10-1990
01-04-1999
15-08-2000
01-03-2012

13A

Act A952

01-09-1999

13B

Act A952
Act A1420

01-09-1999
01-03-2012

104
SectionLaws of Malaysia

ACT 332

Amending authority

In force from13C

Act A952
Act A1420

01-09-1999
01-03-2012

15

Act A775
Act A994

01-10-1987
01-04-1999

16A

Act A1082
Act A1420

15-08-2000
01-03-2012

16B

Act A1082
Act A1420

15-08-2000
01-03-2012

17

Act A994
Act A1082

01-04-1999
15-08-2000

18

Act A1082

15-08-2000

19

Act A1082

15-08-2000

20

Act A1082

15-08-2000

21

Act A994

01-04-1999

22

Act A1082
Act A1139

15-08-2000
03-03-2003

23

Act A1082

15-08-2000

23A

Act A1082
Act A1420

15-08-2000
01-03-2012

23B

Act A1082

15-08-2000

24

Act A77501-10-1990

25

Act A994

01-04-1999

25A

Act A1082
Act A1420

15-08-2000
01-03-2012

26A-26C

Act A1420

01-03-2012

27A

Act A952
Act A1082
Act A1420

01-09-1999
15-08-2000
01-03-2012

27AA

Act A1420

01-03-2012

27B

Act A952

01-09-1999

Copyright
Section105

Amending authority

In force from27C

Act A952
Act A1420

01-09-1999
01-03-2012

27D

Act A952
Act A1420

01-09-1999
01-03-2012

27E

Act A952

01-09-1999

27F

Act A952

01-09-1999

27G

Act A952

01-09-1999

27H

Act A952
Act A1082

01-09-1999
15-08-2000

27I-27L

Act A952

01-09-1999

28

Act A1420

01-03-2012

29

Act A952
Act A1420

01-09-1999
01-03-2012

30

Act A952
Act A1420

01-09-1999
01-03-2012

30A

Act A952

01-09-1999

31

Act A1420

01-03-2012

32

Act A952

01-09-1999

36

Act A775
Act A994
Act A1420

01-10-1990
01-04-1999
01-03-2012

36A-36B

Act A1420

01-03-2012

37-38

Act A1420

01-03-2012

39

Act A775
Act A1082

01-12-1987
01-10-1990
15-08-2000

39A

Act A1082

15-08-2000

40

Act A1420

01-03-2012

106

Laws of Malaysia

ACT 332

SectionAmending authority

In force from41

Act A775
Act A994
Act A1082
Act A1195
Act A1420

01-10-1990
01-04-1999
15-08-2000
01-10-2003
01-03-2012

41A

Act A952
Act A1139
Act A1195

01-09-1999
03-03-2003
01-10-2003

42

Act A1082
Act A1420

15-08-2000
01-03-2012

43

Act A1195

01-10-2003

PART VIA

Act A1420

01-03-2012

43A

Act A1420

01-03-2012

PART VIB

Act A1420

01-03-2012

43B-43I

Act A1420

01-03-2012

44

Act A77501-10-1990

45A

Act A1420

01-03-2012

46

Act A77501-10-1990

48

Act A77501-10-1990

49

Act A77501-12-1987

50

Act A1195
Act A1420

01-10-2003
01-03-2012

50A

Act A1195

01-10-2003

50B

Act A1420

01-03-2012

51A

Act A1420

01-03-2012

52A

Act A1420

01-03-2012

53

Act A1139

03-03-2003

54

Act A775
Act A1195

01-10-1990
01-10-2003

Copyright

107

SectionAmending authority

In force from55

Act A77501-12-1987

56

Act A77501-12-1987

58

Act A775
Act A952
Act A994

01-10-1990
01-09-1999
01-04-1999

59

Act A77501-12-1987

59A

Act A775
Act A1082

01-12-1987
15-08-2000

59B

Act A994

01-04-1999

61

Act A77501-12-1987

Act A1420

01-03-2012

Throughout the Act