W ORLU TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINI1IMYS/CI1 
23 November 2001 
(01-5949) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
MALAYSIA 
The present document reproduces the texe of the following laws and regulations, as notified by 
Malaysia under Article 63.2 of the Agreement (see document IPINI1IMYS/l): 
Copyright Act 1987 (Act 332) and Regulations and Orders 
Copyright (Amendment) Act 2000 (Act A 1 082) 
Conseil des aspects des droits de propriete 
intellectuelle qui touci1ent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA PROPRJETE 
INTELLECTUELLE NOTIFIEES AU TITRE DE VARTICLE 63:2 DE VACCORD 
MALAISIE 114 
Le present document contient le textel des lois et reglementations ci-apres, notifiees par la Malaisie au 
titre de l'article 63:2 de I'Accord (voir le document IPINIlIMYSI1): 
!=oi de 1987 sur le droit d'auteur (Loi n° 332), reglementation et ordonnances 
L01 de 2000 sur le droit d'auteur (modification) (Lol n° A 1082) 
Conse.io de los Aspectos de los Dereci10s de Propiedad 
Intelectw:d relacionados con el Comerdo 114 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPlEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
MALASIA 
En el presente documento se reproduce el texto1 de las leyes y reglamentos notificados por Malasia en 
virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IPlNllIMYSI1): 
Ley de Derecho de Autor de 1987 (Ley 332) y Reglamentos y Ordenes 
Ley de Derecho de Autor (Modificaci6n) de 2000 (Ley A (082) 114 
I Distributed in English only. The texts of these laws in the original language are available for consultation by 
interested Delegations at the WTO Secretariat.lEn anglais seu!ement. Les delegations interessees peuvent consulter les 
tcxtes de ces [ois, dans leur langue d'origine, an Secretariat de j'OMC.!Distribuido en ing16s solamente. Las delegaciones 
intercsadas podran consnltar en la Secretaria de la OMC 105 textos dc estas Jeyes en sn idioma original. fP/Nil/MYS/C/1 
Page 2 
COP IGHT ACT 1987 
(ACT 332) 
REGULATIONS & ORDERS 
(AS AT 5TH JANUARY 2001) 
CONTENTS 
Copyright Act 1987 (Act 332) ........................................................ .. 
Copyright (Licence To Produce And Publish In The National 
Language A Translation Of A Literary Work) Regulations 
1987 .................................................................................................. . 
Copyright (Notice of Prohibition of Import) Regulations 1987 ..... 
Copyright (Government Organizations And International Bodies) 
Order 1987 ...................................................................................... .. 
Copyright (Public Libraries And Educational. Scientific Or 
Professional Institutions) Order 1987 ........................................... . 
Copyright (Application To Other Countries) Regulations 1990 .... 
Copyright (Licensing) Regulations 2000 ......................................... . COPYRIGHT ACT 1987 
(Act 332) 
ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
1. Short title, application and commencement. 
2. Extent of application. 
3. Interpretation. 
4. Publication. 
5. Appointment and powers of Controller, Deputy Controllers, etc. 
PARTII 
GENERAL PROVISIONS 
6. No copyright except by virtue of this Act. 
7. Works eligible for copyright. 
8. Derivative works. 
9. Copyright in published editions of works. 
10. Qualification for protection. 
lOA. Qualification for protection of performer. IP!N!1 
11. Copyright in works of Government, Government organizations and 
international bodies. 
12. Administration of Government copyright. 
PART III 
NATURE AND DURATION OF COPYRIGHT 
13. Nature of copyright in literary, musical or artistic works, films and 
sound recordings. 
13A. Design documents and models. 
13B. Effect of exploitation of design derived from artistic work. 
13c. Things done in reliance on registration of design. 
14. Nature of copyright in works of architecture. 
15. Nature of copyright in broadcasts. 
16. Broadcasting of works incorporated in films. 
16A. Nature of performers right. 
16B. Equitable remuneration. 
17. Duration of copyright in literary, musical or artistic works. 
18. Duration of copyright in published editions. Page 3 IP/N/l/MYS/CIl 
Page 4 
19. Duration of copyright in sound recordings. 
20. Duration of copyright in broadcasts. 
21. (Deleted). 
22. Duration of copyright in films. 
23. Duration of copyright in works of Government, Government orga­
nizations and international bodies. 
23A. Duration of performers. 
23B. Duration of an equitable remuneration. 
24. (Deleted). 
25. Moral rights. 
25A. Moral right of a performer. 
PART IV 
OWNERSHIP AND ASSIGNMENT OF COPYRIGHT 
26. First ownership of copyright. 
27. Assignment, licences and testamentary disposition. 
PART IVA 
COPYRIGHT LICENSING 
27 A. Licensing schemes to which sections 27B to 270 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 oflicence in connection with licensing scheme. 
27F. Application for review of order as to entitlement to licence. 
270. Effect of order of Tribunal as to licensing scheme. 
27H. Licences to which sections 271 to 27L apply. 
271. Reference to Tribunal of terms of proposed licence. 
27J. Reference to Tribunal of expiring licence. 
27K. Application for review of order as to licence. 
27L. Effect of order of Tribunal as to licence. 
PART V 
COPYRIGHT TRIBUNAL 
28. Establishment 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 information. 
34. No action to lie against Tribunal. 
35. Regulations relating to Tribunal. 
PART VI 
REMEDIES FOR INFRINGEMENTS AND OFFENCES 
36. Infringements. 
37. Action by owner of copyright and relief. IP INIIIMYS/CIl 
Page 5 
38. Proceedings in case of copyright subject to exclusive licence. 
39. Restriction on importation of infringing copies. 
39A. Application of sections 36, 37, 38 and 39 to performers' right. 
40. Back-up copy of computer program. 
41. Offences. 
41A. Compounding of offences. 
42. Affidavit admissible in evidence. 
43. Penalty. 
PART VII 
ENFORCEMENT 
44. Entry by warrant or otherwise. 
45. Effecting entry, removal and detention. 
46. List of things seized. 
47. Sealing of things. 
48. Obstruction to search, etc. 
49. Warrant admissible notwithstanding defects, etc. 
50. Powers of investigation. 
51. Admissibility of statement. 
52. Disclosure of information. 
53. Conduct of prosecution in court. 
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. 
58. (Deleted). 
59. Regulations. PART VIII 
MISCELLANEOUS 
59A. Extension of application of Act. 
598. Power of Minister to exclude from definitioin of "broadcast". 
60. Savings. 
61. Repeal. IPlNl1lMYS/C/l 
Page 6 
COPYRIGHT ACT 1987 
(Act 332) 
An Act to make better provisions in the law relating to copyright 
and for other matters connected therewith. 
[ 1.12.19871 
BE IT ENACTED by the DuE Yang Maha Mulia 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 I 
PRELIMINARY 
1. Short title, application. an.d commen.cemen.t. 
(1) This Act may be cited as the Copydght Act 1987 and shall 
come into force on such date as the l\!1inister 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. 
2. Exten.t of application.. 
(1) Subject to this section and section 59A and regulations 
made under section 59A, this Act shall apply in relation to works 
made before the commencement of this Act as it applies in 
relation to works made after the commencement of this Act: 
Provided that this section shall not be construed as reviving 
any copyrights which had expired before the commencement of 
this Act 
(2) Where only by virtue of subsection (1) copyrights subsist 
in works that were made before the commencement of this Act, 
nothing done before the commencement of this Act shall be taken 
to constitute an infringement of those copyrights. 
(3) For the purposes 01 thIS section, a work the making of which 
extended over a period of time shall not be deemed to have been 
made before the commencement of this Act unless the making 
of the work was completed before such commencement. 3. Interpretation. 
In this Act, unless the context otherwise requires-lPINIl/MYS/CIl 
Page 7 
"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 odginallanguage 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; 
(H) a version of the work in which the story or action is 
conveyed wholly or mainly by means of pictures in 
a form suitable for reproduction in a book or in a 
newspaper, magazine or similar periodical; 
(d) in relation to a literary work in the form of a computer 
program, a version of the work, whether or not in the 
language, code or notation in which the work was 
originally expressed not being a reproduction of the 
work; 
(e) in relation to a musical work, an arrangement or tran­
scription of the work; 
(j) in relation to a literary or artistic work, a version of the 
work (whether in its original language or a different 
language) in which it is converted into a film; 
"artistic work" means-
(a) a graphic work, photograph, sculpture or collage, irre­
spective of artistic quality; 
(b) a work of architecture being a building or a model for 
a building; or 
(c) a work of artistic craftsmanship, 
but does not include a layout-design within the meaning of the [Am. Act 
Layout-Designs of Integrated Circuits Act 2000; AI082] 
"author" ,-
(a) in relation to literary works, means the writer or the 
maker of the works; 
(b) in relation to musical works, means the composer; 
(c) in relation to artistic works other than photographs, 
means the artist~ IP/N/l/MYS/C/l 
Page 8 
Cd) in relation to photographs, means the person by whom 
the arrangements for the taking of the photographs were 
undertaken; 
(e) in relation to films or sound recordings, means the 
person by whom the arrangements for the making of the 
film or recording were undertaken; 
(j) in relation to broadcasts transmitted from within any [Subs. Act 
[Act A994] 
[Ins. Act 
A994; 
Am. Act 
A 1082] country, means-
(i) the person transmitting the programme, if he has 
responsibility for the selection of its contents; or 
(ii) any person providing the programme who makes with 
the person transmitting it the arrangements necessary 
for its transmission; 
(g) in relation to any other cases, means the person by whom 
the work was made; 
"broadcast" means the transmitting, by wire or wireless means, 
of visual images, sounds or other information which-
(a) is capable of being lawfully received by members of the 
public; or 
(b) is transmitted for presentation to members of the 
public, 
and includes the transmission of encrypted signals where the 
means for decrypting are provided to the public by the broad­
casting service or with its consent; 
"broadcastmg serVIce" means any service of radio or televi­
sion broadcast, operated under the general direction and 
control of or under licence by the Government, in any part of 
Malaysia; 
"building" includes any fixed structure, and a part of a building 
or fixed structure; 
"citizen" includes a person who, he had been alive on the 
relevant day, would have qualified for citizenship under the 
Federal Constitution; 
"communication by cable" -(Deleted). 
"communication to the public" means the transmission of a 
work or live performance through wire or wireless means to the 
public, including the making available of a work or live perfor­
mance to the public in such a way that members of the public 
may access the work or live performance from a place and at a 
time individually chosen by them; A994} 
[Subs. Act 
A994J [Act A 775] lPlN/l/MYS/C/l 
Page 9 
"communication to the public" -(Deleted). 
"computer program" means an expression, in any language, 
code or notation, of a set of instructions (whether with or without 
related information) intended to cause a device having an infor­
mation processing capability to perform a particular function 
either directly or after either or both of the following: 
(a) conversion to another language, code or notation; 
(b) reproduction in a different material form; 
"Controller", "Deputy Controller" and "Assistant Controller" 
means respectively the Controller of Copyright, the Deputy 
Controller of Copyright and an Assistant Controller of Copyright 
appointed under section 5 0); 
"copy" means a reproduction of a work in written form, in the 
form of a recording or film, or in any other material form; 
"copyright" means copyright under this Act; 
"derivative works" means the works mentioned in paragraphs 
(a) and (b) of subsection (1) of section 8; 
"educational institution" shall have the same meaning as 
assigned to it in the Education Act 1961; 
"'film" means any fixation of a sequence of visual images on 
material of any description, whether translucent or not, so as to 
be capable by use of that material with or without any assistance 
of any contrivance-
(a) of being shown as a moving picture; or 
(b) of being recorded on other material, whether translucent 
or not by the use of which it can be so shown, 
and includes the sounds embodied in any sound-track associated 
with a film; 
"fixation" means the embodiment of sounds, images or both, 
or the representation thereof, in a material form sufficiently 
permanent or stable to permit them to be perceived, reproduced 
or otherwise communicated during a period of more than tran­
sitory duration; 
"future copyright" means copyright which will or may come 
into existence in respect of any future works or class of works 
or other subject matter, or on the coming into operation of any 
provision of this Act, or in any future event; 
"Government" means the Government of Malaysia or the 
Government of any State; [Am. Act 
A994J IP/NIJ/MYS/C/l 
Page J 0 
"'graphic work" includes-
Ca) any painting, drawing, diagram, map, chart or plan; and 
Cb) any engraving, etching, lithograph, woodcut or similar 
work; 
"infringing copy" -
(a) in relation to copyright, means any reproduction of any 
work eligible for copyright under this Act the making 
of which constitutes an infringement of the copyright in 
the work or, in the case of any article imported into 
Malaysia without the consent of the owner of the copy­
right, the making of which was carried out without the 
consent of the owner of the copyright; 
(b) in relation to performers' right, means any reproduction 
of any recording of a live performance the making of 
which constitutes an infringement of the performers' 
right or, in the case of any recording imported into 
Malaysia without the consent of the performer, the 
making of which was carried out without the consent of 
the performer; 
"licence" means a lawfully granted licence in writing, permit­
ting the doing of an act controlled by copyright; 
"licensing body" means a society or other organization which 
has as its main object, or one of its main objects, the negotiation 
or granting, either as owner or prospective owner of copyright 
or as agent for him, of copyright licences, and whose objects 
include the granting oflicences covering works of more than one 
author; 
"licensing scheme" means a scheme (including anything in the 
nature of a scheme, whether described as a scheme or as a tariff 
or by any other name) setting out-
(a) the classes of case in which the operator of the scheme, 
or the person on whose behalf he acts, is willing to grant 
copyright licences; and 
(b) the terms on which licences would be granted in those 
classes of case; 
"literary work" includes-
(a) novels, stories, books, pamphlets, manuscripts, poetical 
works and other writings; 
(b) plays, dramas, stage directions, film scenarios, broad­
casting scripts, choreographic works and pantomimes; [Subs. Act 
AI082] IP/NI1!MYS/CIl 
Page It 
(c) treatises, histories, biographies, essays and articles; 
(d) el!cyclopaedias, dictionaries and other works of refer­
ence; 
(e) letters, reports and memoranda; 
(j) 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 nor 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 deci­
SiOns; 
"live performance"­
(a) includes-
(i) a performance of a dramatic work, or part of such 
a work, including such a performance given with the 
use of puppets, or the performance of an improvised 
dramatic work; 
(ii) a performance of a musical work or part of such a 
work, or the performance of an improvised musical 
work; 
OH) the reading, recitation or delivery of a literary work, 
or part of such a work, or the reading, recitation or 
deli very of an improvised literary work; 
(iv) a performance of a dance; 
(v) a performance of a circus act or a variety act or any 
similar presentation or show; or 
(vi) a performance in relation to expressions of folklore, 
which is given live by one or more persons in Malaysia, 
whether in the presence of an audience or otherwise; but 
(b) does not include-
(i) any reading, recital or delivery of any item of news 
or information; 
(ii) any live performance of a sporting activity; or 
(iii) a participation in a live performance by a member 
of an audience; 
'"manuscript", in relation to a work, means the original docu­
ment embodying the work, whether written by hand or not; [Am. Act 
A994] 
[Am. Act 
A994] 
[Ins. Act 
AI082} lP/Nil IMYS/CI 1 
Page 12 
[ins. Act 
Al08:?] 
[[liS. Act 
AlO8:?] 
[Ins. Act 
AlOS2] "material form", in relation to a work or a derivative work, 
includes any form (whether visible or not) of storage from which 
the work or derivative work, or a substantial part of the work or 
derivative work can be reproduced; 
"Minister" means, unless otherwise stated, the Minister charged 
with the responsibility for copyright matters; 
"musical work" means any musical work, and includes works 
composed for musical accompaniment; 
"performer" means a person who performs a live performance 
under this Act; 
"performers' right" means the performers' right under this 
Act; 
"photograph" means a recording of light or other radiation on 
any medium on which an image is produced or from which an 
image may by any means be produced, and which is not part of 
a film; 
"premises" means any place, stationary or otherwise estab­
lished or set up by any person, and includes any such place in 
the open air, whether such place is with or without enclosure, 
and also includes vehicles, aircraft, ships and any other vessel; 
"qualified person" ,-
(a) in relation to an individual, means a person who is a 
citizen of, or a permanent resident in, Malaysia; and 
(b) in relation to a body corporate, means a body corporate 
established in Malaysia and constituted or vested with 
legal personality under the laws of Malaysia; 
"rebroadcast" means a simultaneous or subsequent broadcast 
by one broadcasting service of the broadcast of another broad­
casting service, whether situated in Malaysia or abroad, and 
includes diffusion of such broadcast over wires; and "rebroad­
casting" shall be construed accordingly; 
"recording" means a sound recording or film, other than a 
recording made under subsection (3) or section 16A; 
"relevant day" means Merdeka Day in respect of ·West Ma­
laysia and Malaysia Day in respect of Sabah, Sarawak and the 
Federal Territory of Labuan; IPlNil/MYS/C/l 
Page 13 
"reproduction" means the making of one or more copies of 
work in any form or version, and in relation to an artistic work 
includes the making of a copy in three dimensions of a two­
dimensional work and the making of a copy in two dimensions 
of a three-dimensional work, and "reproducing" shall be con­
strued accordingly; 
"sculpture" includes a cast or model made for the purposes of 
a sculpture; 
"sound recording" means any fixation of a sequence of sounds 
or of a representation of sounds capable of being perceived 
aurally and of being reproduced by any means, but does not 
include a sound-track associated with a film; 
"Tribunal" means the Copyright Tribunal established under 
section 28; and 
"work of joint authorship" means a work produced by the 
colla-boration of two or more authors in which the contribution 
of each author is not separable from the contribution of the other 
author or authors. 
4. Publication. 
(1) Subject to this section, for the purposes of this Act-
(a) a literary, musical or artistic work, or an edition of such 
a work, shall be deemed to have been published only if 
a copy or copies of the work have been made available 
with the consent of the author or of any person lawfully 
claiming under the author in a manner sufficient to 
satisfy the reasonable req uirements of the public, whether 
by sale or otherwise; 
(b) a film shall be deemed to have been published only if 
a copy or copies of the film have been sold, let on hire, 
or offered or exposed for sale or hire, with the consent 
of the author or of any person lawfully claiming under 
the author in a manner sufficient to satisfy the reason­
able requirements of the public; 
(c) a sound recording shall be deemed to have been pub­
lished only if a copy or copies of such sound recording 
have been made available with the consent of the author 
or of any person lawfully claiming under the author in 
a manner sufficient to satisfy the reasonable require­
ments of the public~ and [Am. Act 
AJ082j IP/N/l/MYS/C/l 
Page 14 
[fns. Act 
A 1082] 
[Am. Act 
A 1082] 
[Am. Act 
AI082] (d) a live performance shall be deemed to have been pub­
lished only if a copy or copies of the fixed live perfor­
mance have been made available with the consent of the 
performer in a manner sufficient to satisfy the reason­
able requirements to the public. 
(2) For the purposes of this Act, the performance of a literary 
or musical work and the exhibition of an artistic work does not 
constitute publication of the work. 
(3) For the purposes of this Act, a publication shall be deemed 
to be a first publication in Malaysia if-
Ca) the work or live performance was first published in 
Malaysia and not elsewhere; or 
Cb) the work or live performance was first published else­
where but published in Malaysia within thirty days of 
such publication elsewhere. 
(4) Where in the first instance a part only of a work or live 
performance is published, that part shall be treated for the 
purposes of this Act as a separate work or live performance, as 
the case may be, 
5. Appointment and powers of Controller, Deputy Con­
trollers, etc. 
(1) The Minister may appoint a Controller of Copyright and 
such number of Deputy Controllers of Copyright, Assistant 
Controllers of Copyright and other officers as may be necessary 
for the purposes of this Act. 
(2) The Controller shall, subject to the general direction and 
control of the Minister, have supervision of an matters relating 
to copyright under this Act. 
(3) The powers and functions of the Controller and the duties 
required to be discharged by him may be exercised and dis­
charged by any Deputy Controller, 
(4) The Controller or Deputy Controllers may perform such 
duties and exercise such powers and functions conferred upon 
an Assistant Controller by this Act. 
(5) The Controller, Deputy Controllers and Assistant Control­
lers shall be deemed to be public servants within the meaning 
of the Penal Code. PART II 
GENERAL PROVISIONS 
6. No copyright except by virtue of this Act. IPINI1IMYS/C/l 
Page 15 
Subject to this Act, no copyright shall subsist otherwise than 
by virtue of this Act. 
7. Works eligible for copyright. 
(1) Subject to this section, the following works shall be eligible 
for copyright: 
Ca) literary works; 
(b) musical works; 
Cc) artistic works; 
(d) films; 
(e) sound recordings; and 
(j) 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, pro-[Ins. Act 
f . h' I t h A994] cedure, method 0 operatlOn or mat ematica concep as suc . 
(3) A literary, musical or artistic work shall not be eligible for 
copyright unless-
(a) sufficient effort has been expended to make the work 
original in character; and 
(b) the work has been written down, recorded or otherwise 
reduced to material form. 
(4) A work shall not be ineligible for copyright by reason only 
that the making of the work, or the doing of any act in relation 
to the work involves an infringement of copyright in some other 
work. 
(5) Copyright shall not subsist under this Act in any design 
which is registered under any written law relating to industrial 
design. 
(6) Copyright in any design which is capable of being reg­
istered under any written law relating to industrial design, but 
which has not been so registered, shall cease as soon as any article 
to which the design has been applied has been reproduced more 
than fifty times by an industrial process by the owner of the 
copyright or, with his licence, by any other person. Ir!N/1/MYS/CI1 
Page J6 
[Ins. Act 
A 1082] (7) For the purpose of this section, "any written law relating 
to industrial design" includes: 
(a) the United Kingdom Designs (Protection) Act 1949; 
(b) the United Kingdom Designs (Protection) Ordinance of 
Sabah; and 
(c) the Designs (United Kingdom) Ordinance of Sarawak. 
8. Derivative works. 
(1) The following derivative works are protected as original 
works: 
(a) translations, adaptations, arrangements and other trans­
formations of works eligible for copyright; and 
(b) collections of works or collections of mere data, whether 
in machine readable or other from, eligible for copyright 
which, by reason of the selection and arrangement of 
their contents, constitute intellectual creation. 
(2) Protection of works referred to in subsection (1) shall 
be without prejUdice to any protection of the existing works 
used. 
9. Copyright in published editions of works. 
(1) Copyright shall subsist, subject to the provisions of this 
Act, in every published edition of anyone or more literary, 
artistic or musical work in the case of which either-
(a) the first publication of the edition took place in Malay­
SIa; or 
(b) the publisher of the edition was a qualified person at the 
date of the first publication thereof: 
Provided that this subsection does not apply to an edition 
which reproduces the typographical arrangement of a previous 
edition of the same work or works. 
(2) Subject to the provisions of this Act, the publisher of an 
edition shall be entitled to any copyright subsisting in the edition 
by virtue of this section. 
(3) Subject to the provisions of this Act, the act restricted by 
the copyright subsisting by virtue of this section in an edition 
is the making of a reproduction of the typographical arrangement 
of the edition. [illS. Act 
AI082] (4) Reproduction of the typographical arrangement of a pub­
lished edition for the purposes of research, private study, criti­
cism, review or the reporting of current events does not infringe 
the copyright subsisting by virtue of this section if such repro­
duction is compatible with fair dealing: 
Provided that if such reproduction is made public it is accom­
panied by an acknowledgement of the title of the work and its 
authorship, except where the work is incidentally included in a 
broadcast. 
(5) The Government, the National Archives, or any State 
Archives, the National Library, or any State library, or any public 
libraries and educational, scientific or professional institutions 
as the Minister may by order prescribe, may reproduce the 
typographical arrangement of a published edition without in­
fringing the copyright subsisting by virtue of this section if such 
reproduction is in the public interest and is compatible with fair 
dealing and the provisions of any regulations. 
10. Qu.alification for protection. 
(1) Copyright shall subsist in every work eligible for copyright 
of which the author or in the case of a work of joint authorship, 
any of the authors is, at the time when the work is ;ilade, a 
qualified person. 
(2) Copyright shall also subsist in every work which is eligible 
for copyright and which-
(a) being a literary, musical or artistic work or film or sound 
recording is first published in Malaysia; 
(b) being a work of architecture is erected in Malaysia or 
being any other artistic work is incorporated in a build­
ing located in Malaysia; 
(c) being a broadcast is transmitted from Malaysia. 
(3) Notwithstanding subsections (1) and (2), copyright shall 
subsist, subject to this Act, in every work eligible for copyright 
if the work is made in Malaysia. 
lOA. Qu.alification for protection. of performer. 
Performers' right shall subsist in every live performances of 
which the performer is-
(a) a citizen or permanent resident of Malaysia; or 
(b) not a citizen or permanent resident of Malaysia but 
whose performance-lIMYS/CIl 
Page 17 IP/N/I/MYS/C/l 
Page 18 
(i) takes place in Malaysia; 
(ii) is incorporated in sound recordings that are protected 
under this Act; or 
(iii) has not been fixed in a sound recording but is in­
cluded in a broadcast qualifying for protection under 
this Act. 
11. Copyright in works of Government, Government orga= 
nizations and international bodies. 
(1) Copyright shall subsist in every work which is eligible for 
copyright and which is made by or under the direction or control 
of the Government and such Government organizations or inter- [Ins. Act 
AJ082] national bodies as the Minister may by order prescribe. 
(2) Section 10 shall not be taken to confer copyright on works 
to which this section applies. 
12. Administration of Government copyright. 
Where the copyright in any work is vested in the Government, 
the Ministry or Department concerned with the copyright shall 
be responsible for the administration and control of that copy­
right on behalf of the Government: 
Provided that the Ministry or Department concerned may 
authorize the Director of National Archives to administer and 
control that copyright on behalf of the Government. 
PART In 
NATURE AND DURATION OF COPYRIGHT 
13. Nature of copyright in literary, musical or artistic works, 
films and sound recordings. 
(1) Copyright in a literary, musical or artistic work, a film, a 
sound recording or a derivative work shall be the exclusive right 
to control in Malaysia-
(a) the reproduction in any material form provided that, 
without prejudice to paragraph (e), the exclusive right 
to control the distribution of copies refer only to the 
act of putting into circulation copies not previously put 
into circulation in Malaysia and not to any subsequent 
distribution of those copies or any subsequent impor­
tation of those copies into Malaysia; 
(aa) the communication to the public; [Am. Act 
A994] 
[Am. Act 
A1082} 
[Ins. Act 
A994] [IllS. Act 
A994] 1 P/NIlIMYS/C/1 
Page 19 
(b) the performance, showing or playing to the public; 
(c) (Deleted); [Act A994) 
(d) (Deleted); [Act A994] 
(e) the distribution of copies to the public by sale or other 
transfer of ownership~ and 
(j) the commercial rental to the public, 
of the whole work or a substantial part thereof, either in its 
original or derivative form. 
(2) Notwithstanding subsection 0), the right of contrcI under 
that subsection does not include the right to control-
(a) the doing of any of the acts referred to in subsection 0) 
by way of fair dealing for purposes of non-profit re­
search, private study, criticism, review or the reporting 
of current events, subject to the condition that if such 
use is public, it is accompanied by an acknowledgement 
of the title of the work and its authorship, except where 
the work is in connection with the doing of any of such 
acts for the purposes of non-profit research, private 
study and the reporting of current events by means of 
a sound recording, film or broadcast; 
(b) the doing of any of the acts referred to in subsection 0) 
by way of parody, pastiche or caricature; 
(c) the inclusion in a film or broadcast of any artistic work 
situated in a place where it can be viewed by the public; 
(d) the reproduction and distribution of copies of any artistic 
work permanently situated in a place where it can be 
viewed by the public; 
(e) the incidental inclusion of a work in an artistic work, 
sound recording, film or broadcast; 
(j) the inclusion of a work in a broadcast, performance, 
showing or playing to the public, collection of literary 
or musical works, sound recording or film, if such 
inclusion is made by way of illustration for teaching 
purposes and is compatible with fair practice: 
Provided that mention is made of the source and of 
the name of the author which appears on the work 
used; 
(fj) any use of a work for the purpose of an examination by 
way of setting the questions, communicating the ques­
tions to the candidates or answering the questions: [Subs. Act 
A994J IPIN11IMYS/CIl 
Page 20 
Provided that a reprographic copy of a musical work 
shall not be made for use by an examination candidate 
in performing the work; 
(g) the recording made in schools, universities or educa­
tional institutions of a work included in a broadcast 
intended for such schools, universities or educational 
institutions; 
(gg) the making of a sound recording of a broadcast, or a 
literary, dramatic or musical work, sound recording or 
a film included in the broadcast insofar as it consists of 
sounds if such sound recording of a broadcast is for the 
pri vate and domestic use of the person by whom the 
sound recording is made; 
(ggg)the making of a film of a broadcast, or a literary, artistic, 
dramatic or musical work or a film included in the 
broadcast insofar as it consists of visual images if such 
making of a film of the broadcast is for the private and 
domestic use of the person by whom the film is made; 
(gggg) the making of copies of television broadcasts which are 
subtitled or otherwise modified for people who are deaf 
or hard of hearing, or physically or mentally handi­
capped in other ways and the issuing of such copies to 
the public by non-profit making bodies or institutions 
which the Minister may, by order, prescribe; 
(h) the reading or recitation in public or in a broadcast by 
one person of any reasonable extract from a published 
literary work if accompanied by sufficient 
acknowledgement; 
(0 any use made of a work by or under the direction or 
control of the Government, by the National Archives 
or any State Archives, by the National Library, or any 
State library, or by such public libraries and educational, 
scientific or professional institutions as the Minister 
may by order prescribe, where such use is in the public 
interest and is compatible with fair practice and the 
provisions of any regulations, and-
(i) no profit is derived therefrom; and 
(ii) no admission fee is charged for the performance, 
showing or playing, if any, to the public of the 
work thus used; [Ins. Act 
A994j (j) the reproduction of any work by or under the direction 
or control of a broadcasting service wholly-owned by 
the Government where such reproduction or any copies 
thereof are intended exclusively for a lawful broadcast­
ing and are destroyed before the end of the period of six 
calendar months immediately following the making of 
the reproduction or such longer period as may be agreed 
between the broadcasting service and the owner of the 
relevant part of the copyright in the work: 
Provided that any reproduction of a work made under 
this paragraph may, if it is of exceptional documentary 
character, be preserved in the archives of the broadcast­
ing service which are hereby designated official ar­
chives for the purpose, but subject to this Act, shall not 
be used for broadcasting or for any other purpose with­
out the consent of the owner of the relevant part of the 
copyright in the work; 
(k) the performance, showing or playing of a work by a non­
profit making club or institution where such perfor­
mance, showing or playing is for charitable or educa­
tional purposes and is in a place where no admission fee 
is charged in respect of such performance, showing or 
playing; 
(l) any use of a work for the purposes of any judicial 
proceedings, the proceedings of a royal commission, a 
legislative body, a statutory or Governmental inquiry, 
or of any report of any such proceedings, or for the 
purpose of the giving of professional advice by a legal 
practitioner; 
(m) the making of quotations from a published work if they 
are compatible with fair practice and their extent does 
not exceed that justified by the purpose, including 
quotations from newspaper articles and periodicals in 
the form of press summaries: 
Provided that mention is made of the source and of 
the name of the author which appears on the work thus 
used; 
(n) the reproduction by the press, the broadcasting or the 
showing to the public of articles published in news­
papers or periodicals on current topics, if such reproduc­
tion, broadcasting or showing has not been expressly 
reserved: IP/N/[/MYS/C/1 
Page 21 IP/NIlIMYS/CI 1 
Page 22 
Provided that the source is clearly indicated; 
(0) the reproduction by the press, the broadcasting or the 
performance, showing or playing to the public of lec­
tures, addresses and other works of the same nature 
which are delivered in public if such use is for infor­
matory purposes and has not been expressly reserved; 
and 
(P) the commercial rental of computer programs, where the 
program is not the essential object of the rental. 
(3) For the purposes of subsection (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. 
13A. Design documents and models. 
(1) It shall not be an infringement of any copyright in a design 
document or model recording or embodying a design for any­
thing other than an artistic work or a type face-
(a) to make an article to the design, or to copy or to 
reproduce an article made to the design; or 
(b) to issue to the public, or include in a film, broadcast or 
cable programme service, anything the making of which 
was, by virtue of paragraph (a), not an infringement of 
that copyright 
(2) In this section-
"design" means the design of any aspect of the shape or 
configuration (whether internal or external) of the whole or part 
of an article, other than surface decoration; and 
"design document" means any record of a design, whether in 
the form of a drawing, a written description, a photograph, data 
stored in a computer or otherwise. 
13B. Effect of exploitation of design derived from artistic 
work. 
0) This section applies where an artistic work has been 
exploited, by or with the licence of the copyright owner, by-
(a) making, by an industrial process or means, articles 
falling to be treated for the purposes of this section and 
sections l3A and 13c as copies of the work; and 
(b) marketing such articles Malaysia or elsewhere, [Am. Act 
A994] 
[Am. Act 
A994] 
[ins. Act 
A9941 I P/NI l/MYS/CI 1 
Page 23 
(2) Without prejudice to the provisions of subsection (6) of 
section 7, after the end of the period of twenty-five years from 
the end of the calendar year in which such articles are first 
marketed, the work may be copied by making articles of any 
description, or doing anything for the purpose of making articles 
of any description, and anything may be done in relation to 
articles so made, without infringing copyright in the work. 
(3) Where only part of an artistic work is exploited as men­
tioned in subsection Cl), subsection (2) applies only in relation 
to that part. 
(4) The Minister may by order make provision-
(a) as to the circumstances in which an article, or any 
description of article, is to be regarded for the purposes 
of this section as made by an industrial process or means; 
and 
(b) for excluding from the operation of this section such 
articles of a primarily literary or artistic character as he 
thinks fit. 
(5) In this section-
(a) references to articles do not include films; and 
(b) references to the marketing of an article shall be con­
strued as references to it being sold or let for hire or 
offered or exposed for sale or hire. 
13c. Things done in reliance on registration of design. 
(1) The copyright in an artistic work is not infringed by 
anything done-
(a) in pursuance of an assignment or licence made or granted 
by a person registered under the Registered Designs Act 
1949 of the United Kingdom or under any written law 
enforced in Malaysia at the material time as the propri­
etor or owner of a corresponding design; and 
(b) in good faith in reliance on the registration and without 
notice of any proceedings for the cancellation of the 
registration or for rectifying the relevant entry in the 
register of designs, 
notwithstanding any defect that may afterwards be discovered 
in the registration. IPlNllIMYS/C/I 
Page 24 
[Am. Act 
A994J (2) In subsection (1) a "corresponding design", in relation to 
an artistic work, means a design or an industrial design, as the 
case may be, within the meaning of the Registered Designs Act 
1949 of the United Kingdom or any written law enforced in 
Malaysia at the material time which if applied to an article would 
produce something which would be treated for the purposes of 
this section and sections 13A and 13B as a copy of the artistic 
work. 
(3) For the purpose of this section, "any written law enforced 
in Malaysia at the material time" includes: 
(a) the United Kingdom Designs (Protection) Act 1949; 
(b) the United Kingdom Designs (Protection) Ordinance of 
Sabah; and 
(c) the Designs (United Kingdom) Ordinance of Sarawak. 
14. Nature of copyright in works of architecture. 
Copyright in a work of architecture shall include the 
exclusive right to control the erection of any building which 
reproduces the whole or a substantial part of the work either in 
its original form or in any form recognizably derived from the 
original: 
Provided that the copyright in any such work shall not include 
the right to control the reconstruction or rehabilitation in the same 
style as the original, of a building to which that copyright 
relates. 
15. Nature of copyright in broadcasts. 
(1) Copyright in a broadcast shall be the exclusive right to 
control in Malaysia the recording, the reproduction, and the 
rebroadcasting, of the whole or a substantial part of the broadcast, 
and the performance, showing or playing to the public in a place 
where an admission fee is charged of the whole or a substantial 
part of a television broadcast either in its <?rigina1 form or in any 
way recognizably derived from the originaL 
(2) Notwithstanding subsection 0), paragraphs (a), (g), (gg), 
(ggg), (gggg), (h) and (0) of subsection (2) of section 13 shall 
also apply to the copyright in a broadcast. 
(3) The copyright a television broadcast shaH include the 
right to control the taking of still photographs from such broad­
casts. (Ins. Act 
A 1082] 16. Broadcasting of works incorporated in films. IPINIlIMYS/CIl 
Page 25 
(1) Where the owner of the copyright in any literary, musical 
or artistic work authorizes a person to incorporate the work in 
a film and a broadcasting service broadcasts the film in the 
absence of any express agreement to the contrary between such 
owner and person, it shall be deemed that the owner of the 
copyright authorized the broadcast. 
(2) Notwithstanding subsection (1), where a broadcasting 
service broadcasts a film in which a literary, musical or artistic 
work is incorporated, the owner of the right to broadcast the 
literary, musical or artistic work shall be entitled to receive fair 
compensation from the broadcasting service. 
16A. Nature of performers' right. 
(1) Performers' right shall be the exclusive right to control 
in Malaysia-
(a) the communication to the public of a live performance, 
except where the live performance used in such com­
munication is itself a live broadcast performance; 
(b) the fixation of an unfixed performance; 
(c) the reproduction of the fixation of a live performance 
if-
(i) the fixation itself was done without the performer's 
consent; 
(ii) the reproduction is made for purposes different from 
those for which the performer gave consent; or 
(iil) the fixation was made in accordance with the pro­
visions of subsection (3), and the reproduction is 
made for purposes different from those referred to 
in those provisions; 
(d) the first making available to the public of a fixation of 
a live performance, or copies thereof, through sale or 
other transfer of ownership; and 
(e) rental to the public of a fixation of a live performance, 
or copies thereof, irrespective of the ownership of the 
copy rented. 
(2) A performer shall cease to have the exclusive right under 
subsection (1) once he has given consent to the fixation of his 
live performance, 
(3) Notwithstanding subsection (1), the right to control under 
that subsection does not include the right to control-IP/N/1/MYS/CI1 
Page 26 
Ca) a direct or an indirect sound recording or an indirect film 
of a live performance-
(i) being a sound recording or film made solely for the 
purpose of the private and domestic use of the person 
who made it; or 
Oi) being a sound recording or film made solely for the 
purpose of use in scientific research; 
(b) a direct or indirect sound recording or film of a live 
performance-
(i) made for the purpose of, or associated with, the 
reporting of news or current affairs; 
(ii) made for the purpose of criticism or review; or 
(Hi) made solely for the purpose of ajudicial proceeding 
or the giving of professional advice by a legal prac­
titioner; 
(c) an indirect sound recording or film of a live perfor­
mance-
(i) being a sound recording or film made by, or on behalf 
of, the body administering an educational institution 
solely for the educational purposes of that institution 
or of another educational institution; or 
(ii) being a sound recording or film made by, or on behalf 
of, the body administering an institution assisting 
persons with a print disability solely for the purpose 
of the provision, whether by the institution or other­
wise, of assistance to persons with a visual, aural, 
intellectual and print disability; 
(d) a direct sound recording or film of a live performance 
made by a broadcaster who has the consent of the 
performer to broadcast the li ve performance, being a 
recording made solely for the purpose of making that 
broadcast provided that it is destroyed before the end of 
the period of twelve months beginning on the day on 
which any of those copies is first used for broadcasting 
the live performance; 
(e) a direct or an indirect sound recording or an indirect 
film of a live performance made by a person who 
reasonably believes, due to a fraudulent or innocent 
misrepresentation made to the person, that the performer 
has authorised the making of the recording by the 
person; if) a copy of a sound recording or film referred to in 
paragraphs Ca), Cb), (c) and Cd), being acopy made solely 
for a purpose referred to in any of those paragraphs. 
(g) a copy of a sound recording or film referred to in 
paragraph (e), being a copy made solely for the purpose 
referred to in that paragraph; and 
(h) a copy of a sound recording or film referred to in 
paragraph if), being a copy made-
Ci) by a person who believes, due to a fraudulent or 
innocent representation made to the person, that the 
performer has consented to the making of the copy; 
or 
(H) solely for a purpose referred to in paragraphs Ca), (b), 
(c) and (d). 
(4) For the purpose of this section-
"direct" in relation to a sound recording or film of a live 
performance, means made directly from a live performance; 
"indirect" in relation to a sound recording or film of a live 
performance, means made from a broadcast or rebroadcast ofthe 
live performance. 
16B. Equitable remuneration. 
(1) Where a sound recording is published for commercial 
purposes or a reproduction of such recording is publicly per­
formed or used directly for broadcast or other communication 
to the pUblic, an equitable remuneration for the performance shall 
be payable to the performer by the user of the sound recording. 
(2) Remuneration shall not be considered inequitable merely 
because it was paid by way of a single payment or at the time 
of the transfer of the rental right. 
(3) Nothing in this section shall be construed so as to deprive 
a performer of the right to agree by contract on terms and 
conditions more favourable for him in respect of his live perfor­
mance. 
(4) For the purpose of this section-
"published for commercial purpose" means the sound record­
ing has been made available to the public by wire or wireless 
means in such a way that members of the public may access them 
from a place and at a time individually chosen by them; fPINII/MYS/C/] 
Page 27 
[Ins. Act 
A 1082] IP/N/IIMYS/CI 1 
Page 28 
"rental right" means the right under subsection (1)(e) of 
section 16A. 
17. Du:ration of copy:right in lite:ra:ry, musical o:r a:rtistic 
wo:rks. 
[Am. Acts (1) Except as otherwise provided in this Act, copyright in any 
A994 AI082] l' 'I" k h' h b' , h k ' Iterary, mUSIca or artIstIc wor w lC su Slsts 111 suc wor 
under this Act shall subsist during the life of the author and fifty 
years and shall continue to subsists until the expiry of a period 
of fifty years after his death, 
[Am. Acts (2) Where a literary, musical or artistic work had not been 
A994, AI082] published before the death of the author, copyright which sub­
sists in such work under this Act shall continue to subsist until 
the expiry of a period of fifty years computed from the beginning 
of the calendar year next following the year in which the work 
was first published. 
[Subs. Act 
AJ082] 
[Am. Act 
AJ082} (3) Where a literary, musical or artistic work is published 
anonymously or under a pseUdonym, copyright which subsists 
in such work under this Act shall continue to subsist until the 
expiry of a period of fifty years computed from the beginning 
of the calendar year next following the year in which the work 
was first published or first made available to the public or made, 
whichever is the latest: 
Provided that in the event of the identity of the author becom­
ing known, the duration of copyright shall be calculated in 
accordance with subsection (1). 
(4) In this section, a reference to "author" shall, in the case 
of a work of joint authorship, be construed as a reference to the 
author who dies last. 
18. Du:ration of copyright in published editions. 
Copyright which subsists in a published edition under this Act 
shall continue to subsist until the expiry of a period of fifty years 
computed from the beginning of the calendar year next following 
the year in which the edition was first published, 
19. Du:ration. of copy.right in. sound reco:rdings. 
Copyright which subsists in a sound recording under this Act 
shall continue to subsists until the expiry of a period of fifty years 
computed from the beginning of the calendar year next following 
the year in which the recording was first published or, if the sound 
recording has not been published, from the beginning of the 
calendar year following the year of fixation. [Subs. Act 
AI082] IPINIl/MYS/CIl 
Page 29 
[Ins. Act 
AJ082] 20. Duration of copyright in broadcasts. 
Copyright which subsists in a broadcast under this Act shall 
continue to subsist until the expiry of a period of fifty years 
computed from the beginning of the calendar year next following 
the year in which the broadcast was first made. 
21. (Deleted). 
22. Duration of copyright in films. 
Copyright which subsists in a film under this Act shall con­
tinue to subsist until the expiry of a period offifty years computed 
from the beginning of the calendar year next following the year 
in which the film was first published or first made available to 
the public or made, whichever is the latest. 
23. Duration of copyright in works of Government, Govern­
ment organizations and international bodies. 
Copyright which subsists in works of the Government, 
Government organizations and international bodies under this 
Act shall continue to subsist until the expiry of a period of fifty 
years computed from the beginning of the calendar year next 
following the year in which the work was first published. 
23A. Duration of performers' Rights. 
Rights in a live performance which subsists under this Act 
shall continue to subsist until the expiry of a period of fifty years 
computed from the beginning of the calendar year next following 
the year in which the live performance was given. 
2313. Duration of an equitable remuneration. 
The right to equitable remuneration shall subsist from the time 
the sound recording is published until the expiry of a period of 
fifty years computed from the beginning of the calendar year next 
following the year of publication or, if the sound recording has 
not been published, from the time of fixation of the sound 
recording until the expiry of a period of fifty years computed 
from the beginning of the calendar year next following the year 
of the fixation. 
[Act A 99-iJ 24. (Deleted by Act A 775). 
25. Moral lrightso 
(1) For the purposes of this section, the word "name" includes 
initials or monograms. [Am. Act 
AI082} 
[Act A 99-i) 
[Subs. Act 
AID82] 
[Am. Act 
A 1082] 
[Ins. Act 
AlD82] [PINJ1 IMYS/C/l 
Page 30 
[Am. Act 
A994] 
[Am. Act 
A994] 
[Am. Act 
A994] (2) Subject to this section, where copyright subsists in a work, 
no person may, without the consent of the author, or, after the 
author's death, of his personal representative, do or authorize the 
doing of any of the following acts: 
(a) the presentation of the work, by any means whatsoever, 
without identifying the author or under a name other 
than that of the author; and 
Cb) the distortion, mutilation or other modification of the 
work if the distortion, mutilation or modification-
(i) significantly alters the work; and 
(ii) is such that it might reasonably be regarded as ad­
versely affecting the author's honour or reputation. 
(3) Where a person is authorized, whether by virtue of an 
assignment, a licence or otherwise, to publish, reproduce, per­
form in public or communicate to the public a work, that person 
may make modifications to the work if it would be reasonable 
to expect that the authorized publication, reproduction, public 
performance or communication to the public, as the case may 
be, could not take place without the modifications; but nothing 
in this subsection shall authorize a modification to a work which 
would constitute a contravention of subsection (2). 
(4) The author or, after his death, his personal representative, 
may exercise the rights conferred by this section notwith­
standing that the copyright in the work is not at the time of the 
act complained of, vested in the author or personal representa­
tive, as the case may be. 
(5) Any contravention or threatened contravention of this 
section in respect of a work shall be actionable at the suit of the 
author of the work or, if he is dead, at the suit of his personal 
representative, as a breach of statutory duty. 
(6) Any damages recovered under this section by a personal 
representative in respect of a contravention committed in relation 
to a work after the death of the author of the work shall devolve 
as part of the author's estate, as if the right of action had subsisted 
and had been vested in him immediately before his death. 
(7) Where in an action brought under this section a contraven­
tion of the restrictions imposed by this section is proved or 
admitted, the court may order the offender to publish such 
correction in such manner as the court may direct. JP/N/lIMYS/C/1 
Page 31 
(8) Nothing in this section shall derogate from any right of 
action or other remedy (whether civil or criminal) in proceedings 
instituted otherwise than by virtue of this section; but this 
subsection shall not be construed as requiring any damages 
recovered by virtue of this section to be disregarded in assessing 
damages in any proceedings instituted otherwise than by virtue 
of this section and arising out of the same transaction. 
25A. Moral right of a performer. 
(1) A performer shall, as regards his live performance or live 
performance fixed in phonogram, have the right-
(a) to claim to be identified as the performer of his live 
performance, except where omission is dictated by the 
manner of the use of the live performance; and 
(b) to object to any distortion, mutilation or other modifi­
cation of his live performance that would be prejudicial 
to his reputation. 
(2) The rights granted to a performer under subsection 0) 
shall, after his death, be maintained and shall be exercisable by 
the persons or institutions authorised by the performer. 
(3) For the purpose of this section, "phonogram" m~ans the 
fixation of the sound of a live performance or of other sounds 
or of a representation of the sounds, other than in the form of 
a fixation incorporated in a film or other audiovisual work. 
PART IV 
OWNERSHIP AND ASSIGNMENT OF COPYRIGHT 
26. First ownership of copyright. 
(1) Copyright conferred by section 10 shall vest initially in the 
author. 
(2) Notwithstanding subsection (6) of section 27, where a 
work-
(a) is commissioned by a person who is not the author's 
employer under a contract of service or apprenticeship; 
or 
(b) not having been so commissioned, is made in the course 
of the author's employment, 
the copyright shall be deemed to be transferred to the person who 
commissioned the work or the author's employer, subject to 
agreement between the parties excluding or limiting such trans­
fer. [Ens. Act 
A 1082] fP/NIlIMYS/CI 1 
Page 32 
(3) Copyright conferred by section 11 shall vest initially in the 
Government, Government organization or international body 
and not in the author. 
(4) Subject to subsection (3)-
(a) the name on a work purporting to be the name of its 
author shall be considered as such, unless the contrary 
is proved; 
(b) in the case of a anonymous or pseudonymous work, the 
publisher whose name is indicated in the work as such 
shall be deemed to be, unless the contrary is proved, the 
legal representative of the anonymous or pseudonymous 
author and shall be entitled to exercise and protect the 
rights belonging to the author under this Act; 
(c) in the case of unpublished work where the identity of 
the author is unknown, but where there is every reason 
to presume that he is a citizen of Malaysia, the copyright 
conferred by this Act shall be deemed to vest in the 
Minister charged with the responsibility for culture. 
(5) Paragraphs (b) and ( c) of subsection (4) shall cease to apply 
when the identity of the author becomes known. 
27. Assignment, licences and testamentary disposition. 
(1) Subject to this section, copyright shall be transferable by 
assignment, testamentary disposition, or by operation of law, as 
movable property. 
(2) An assignment or testamentary disposition of copyright 
may be limited so as to apply only to some of the acts which the 
owner of the copyright has the exclusive right to control, or to 
only part of the period of the copyright, or to a specified country 
or other geographical area. 
(3) No assignment of copyright and no licence to do an act 
the doing of which is controlled by copyright shall have effect 
unless it is in writing. 
(4) An assignment or licence granted by one copyright owner 
shall have effect as if the assignment or licence is also granted 
by his co-owner or co-owners, and subject to any agreement 
between the co~owners, fees received by any of the owners shall 
be divided equally between all the co-owners. 
(5) For the purposes of this section, persons shall be deemed 
to be co-owners if they share a joint interest in the whole or any 
part of a copyright. (Am. Act 
A1082J 
[Am. Act 
A 10821 I PINI1 IMYS/C/ 1 
Page 33 
(6) An assignment, licence or testamentary disposition may 
be effectively granted or made in respect of a future work, or an 
existing work in which copyright does not yet subsist, and the 
future copyright in any such work shall be transferable by 
operation of law as movable property_ 
(7) Where under a testamentary disposition, whether specific 
or general, a person is entitled beneficially or otherwise, to the 
manuscript of a literary or musical work, or to an artistic work, 
and the work has not been published before the death of the 
testator, the testamentary disposition shall, unless a contrary 
intention is indicated in the testator's will or a codicil thereto, 
be construed as including the copyright in the work in so far as 
the testator was the owner of the copyright immediately before 
his death. 
PART IVA 
COPYRIGHT LICENSING 
27 A. Licensing schemes to which sections 2713 to 27 G apply. 
Sections 27B to 27G shall apply to-
(a) licensing schemes operated by licensing bodies in rela­
tion to the copyright in literary or musical works, so far 
as they relate to licences for-
(i) reproducing the work; 
(ii) performing, showing or playing the work in public; 
(iii) communicating the work to the Public; or 
(iv) distributing the work to the pUblic; and 
(b) licensing schemes operated by licensing bodies in rela­
tion to the copyright in any other works, so far as they 
relate to licences for-
(i) making copies of the work; 
(ii) performing, showing or playing the work in public; 
(iH) communicating the work to the public; or 
(iv) causing the work to be publicly performed, shown 
or played, 
and in those sections, "licensing scheme" means a licensing 
scheme of any of those descriptions, IP/N/l/MYS/C/l 
Page 34 
27B. Reference of proposed licensing scheme to Tribunal. 
(1) The terms of a licensing scheme proposed to be operated 
by a licensing body may be referred to the Tribunal by any 
organization claiming to be representative of persons claiming 
that they require licences in cases of a description to which the 
licensing scheme would apply, either generally or in relation to 
any description of case. 
(2) The Tribunal shall first decide whether to entertain the 
reference, and may decline to do so on the ground that the 
reference is premature. 
(3) If the Tribunal decides to entertain the reference, it shall 
consider the matter referred and make such order, either confirm­
ing 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 
force indefinitely or for such period as the Tribunal may 
determine. 
27 c. Reference of licensing scheme to Tribunal. 
(1) If while a licensing scheme is in operation a dispute arises 
between the operator of the licensing scheme and-
(a) a person claiming that he requires a licence in a case of 
a description to which the licensing scheme applies; or 
(b) an organization claiming to be representative of such 
persons, 
that person or organization may refer the licensing scheme to the 
Tribunal in so far as it relates to cases of that description. 
(2) A licensing scheme which has been referred to the Tri­
bunal under this section shall remain in operation until proceed­
ings on the reference are concluded. 
(3) The Tribunal shall consider the matter in dispute and make 
such order, either confirming or varying the licensing scheme so 
far as it relates to cases of the description to which the reference 
relates, as the Tribunal may determine to be reasonable in the 
circumstances. 
(4) An order under subsection (3) may be made so as to be 
in force indefinitely or such period as the Tribunal may 
determine. 27D. Further reference of licensing scheme to Tribunal. IPfN/1/MYS/C/l 
Page 35 
(1) Where the Tribunal has on a previous reference of a 
licensing scheme under section 27B or 27 c or under this section 
made an order with respect to the licensing scheme, then, while 
the order remains in force-
(a) the operator of the licensing scheme; 
(b) a person claiming that he requires a licence in a case of 
the description to which the order applies; or 
(c) an organization claiming to be representative of such 
persons, 
may again refer the licensing scheme to the Tribunal so far as 
it relates to cases of that description. 
(2) A licensing scheme shall not, except with the special leave 
of the Tribunal, be again referred to the Tribunal in respect of 
the same description of cases-
(a) within twelve months from the date of the order on the 
previous reference; or 
(b) if the order was made so as to be in force for fifteen 
months or less, until the last three months before the 
expiry of the order. 
(3) A licensing scheme which has been referred to the Tri­
bunal under this section shall remain in operation until proceed­
ings on the reference are concluded. 
(4) The Tribunal shall consider the matter in dispute and make 
such order, either confirming, varying or further varying the 
licensing scheme so far as it relates to cases of the description 
to which the reference relates, as the Tribunal may determine to 
be reasonable in the circumstances. 
(5) An order under subsection (4) may be made so as to be 
in force indefinitely or for such period as the Tribunal may 
determine. 
27E. Application for grant of licence in connection with Iiw 
censing scheme. 
(1) A person who claims, in a case covered by a licensing 
scheme, that the operator of the licensing scheme-
(a) has refused to grant him or procure the grant to him of 
a licence in accordance with the licensing scheme; or IPJNIlIMYS/C/1 
Page 36 
(b) has failed to grant him or procure the grant to him of 
a licence in accordance with the licensing scheme within 
a reasonable time after being asked, 
may apply to the Tribunal for an order under subsection (4). 
(2) A person who claims, in a case excluded from a licensing 
scheme, that the operator of the licensing scheme either-
(a) has refused to grant him a licence or procure the grant 
to him of a licence, or has failed to do so within a 
reasonable time of being asked, and that in the circum­
stances it is unreasonable that a licence should not be 
granted; or 
(b) proposes terms for a licence which are unreasonable, 
may apply to the Tribunal for an order under subsection (4). 
(3) A case shall be regarded as excluded from a licensing 
scheme for the purposes of subsection (2) 
(a) the licensing scheme provides for the grant of licences 
subject to terms excepting matters from the licence and 
the case falls within such an exception; or 
Cb) the case is so similar to those in which licences are 
granted under the licensing scheme that it is unreason­
able that it should not be dealt with in the same way. 
(4) If the Tribunal is satisfied that the claim is well-founded, 
it shaH make an order declaring that, in respect of the matters 
specified in the order, the applicant is entitled to a licence on such 
terms as the Tribunal may determine to be applicable in accor­
dance with the licensing scheme or, as the case may be, to be 
reasonable in the circumstances. 
(5) An order under subsection (4) may be made so as to be 
in force indefinitely or for such period as the Tribunal may 
determine. 
27F. Application for review of order as to entitlement to 
licence. 
(1) Where the Tribunal has made an order under section 27F 
that a person is entitled to a licence under a licensing scheme, 
the operator of the licensing scheme or the original applicant may 
apply to the Tribunal to review its order. 
(2) An application shall not be made, except with the special 
leave of the Tribunal-IP/N/IIMYS/CIl 
Page 37 
(a) within twelve months from the date of the order, or of 
the decision on a previous application under this section; 
or 
(b) if the order was made so as to be in force for fifteen 
months or less, or as a result of the decision on a previous 
application under this section which is due to expire 
within fifteen months of that decision, until the last three 
months before the expiry of the order. 
(3) The Tribunal shall on an application for review confirm 
or vary its order as the Tribunal may determine to be reasonable 
having regard to the terms applicable in accordance with the 
licensing scheme or, as the case may be, the circumstances of 
the case. 
27G. Effect of order of Tribunal as to licensing scheme. 
(1) A licensing scheme which has been confirmed or varied 
by the Tribunal under section 27B, 27c or 27D shall be in force 
or, as the case may be, remain in operation, so far as it relates 
to the description of case in respect of which the order was made, 
so long as the order remains in force. 
(2) While the order is in force a person, who in a case of a 
class to which the order applies, shall-
(a) pay to the operator of the licensing scheme any charges 
payable under the licensing scheme in respect of a 
licence covering the case in question or, if the amount 
cannot be ascertained, give an undertaking to the opera­
tor to pay the charges when ascertained; and 
(b) comply with the other terms applicable to such a licence 
under the licensing scheme; and 
(c) be in the same position as regards infringement of 
copyright as if he had at all material times been the 
holder of a licence granted by the owner of the copyright 
in question in accordance with the licensing scheme. 
(3) The Tribunal may direct that the order, so far as it varies 
the amount of charges payable, has effect from a date before that 
on which it is made, but not earlier than the· date on which the 
reference was made or, if later, on which the licensing scheme 
came into operation. 
(4) W"here a direction is made under subsection (3)-
(a) any necessary repayments, or further payments, shall be 
made in respect of charges already paid or payable; and IP/N/lIMYS/C/l 
Page 38 
[Am. Act 
A 1082] 
[Am. Act 
A 10821 (b) the reference in paragraph (a) of subsection (2) to the 
charges payable under the licensing scheme shall be 
construed as a reference to the charges so payable by 
virtue of the order. 
(5) Where the Tribunal has made an order under section 27E 
and the order remains in force, the person in whose favour the 
order is made shall, if 
(a) pays to the operator of the licensing scheme any charges 
payable in accordance with the order or, if the amount 
cannot be ascertained, gives an undertaking to the op­
erator to pay the charges when ascertained; and 
(b) complies with the other terms specified in the order, 
be in the same position as regards infringement of copyright as 
if he had at all material times been the holder of a licence granted 
by the owner of the copyright in question on the terms specified 
in the order. 
27H. Licences to which sections 271 to 27L apply_ 
Sections 271 to 27L shall apply to the following descriptions 
oflicence granted by a licensing body otherwise than in pursuance 
of a licensing scheme: 
(a) licences relating to the copyright in literary or musical 
works which cover works of more than one author, so 
far as they authorize-
(i) reproducing the work; 
(ii) performing, showing or playing the work in public; 
(iii) communicating the work to the pUblic; or 
(iv) distributing the work to the public; and 
(b) licences relating to the copyright in any other works, so 
far as they authorize-
(i) making copies of the work; 
(H) performing, showing or playing the work in public; 
(Hi) communicating the work to the public; or 
(iv) causing the work to be publicly performed, shown 
or played, 
and in those sections, a "licence" means a licence of any of those 
des cri ptions. IIMYS/C/l 
Page 39 
271. Reference to Tribunal of terms of proposed licence. 
(1) The terms on which a licensing body proposes to grant a 
licence may be referred to the Tribunal by the prospective 
licensee. 
(2) The Tribunal shall first decide whether to entertain the 
reference, and may decline to do so on the ground that the 
reference is premature. 
(3) If the Tribunal decides to entertain the reference, it shall 
consider the terms of the proposed licence and make such order, 
either confirming or varying the terms, as the Tribunal may 
determine to be reasonable in the circumstances. 
(4) An order under subsection (3) may be made so as to be 
in force indefinitely or for such period as the Tribunal may 
determine. 
27J. Reference to Tribunal of expiring licence. 
(1) A licensee under a licence which is due to expire, by 
effluxion of time or as a result of notice given by the licensing 
body, may apply to the Tribunal on the ground that it is unrea­
sonable in the circumstances that the licence should cease to be 
in force. 
(2) Such an application may not be made until the last three 
months before the licence is due to expire. 
(3) A licence in respect of which a reference has been made 
to the Tribunal under this section shall remain in operation until 
proceedings on the reference are concluded. 
(4) If the Tribunal finds the application to be well-founded, 
it shall make an order declaring that the licensee shall continue 
to be entitled to the benefit of the licence on such terms as the 
Tribunal may determine to be reasonable in the circumstances. 
(5) An order under subsectioin (4) may be made so as to be 
in force indefinitely or for such period as the Tribunal may 
determine. 
27K. Application fo:r :review of o:rder as to licence. 
(1) Where the Tribunal has made an order under section 271 
or 27J, the licensing body or the person entitled to the benefit 
of the order may apply to the Tribunal to review its order. 
(2) application shall not be made, except with the special 
leave the Tribunal,-IPlNllIMYS/C/l 
Page 40 
(a) within twelve months from the date of the order, or of 
the decision on a previous application under this section; 
or 
(b) if the order was made so as to be in force for fifteen 
months or less, or as a result of the decision on a previous 
application under this section which is due to expire 
within fifteen months of that decision, until the last three 
months before the expiry of the order. 
(3) The Tribunal shall on an application for review confirm 
or vary its order as the Tribunal may determine to be reasonable 
in the circumstances. 
271.. Effect of order of Tribunal as to licence. 
(1) \X/here the Tribunal has made an order under section 271 
or 27J and the order remains in force, the person entitled to the 
benefit of the order shall, if he-
(a) pays to the licensing body any charges payable in ac­
cordance with the order or, if the amount cannot be 
ascertained, gives an undertaking to the operator to pay 
the charges when ascertained; and 
(b) complies with the other terms specified in the order, 
be in the same position as regards infringement of copyright as 
if he had at all material times been the holder of a licence granted 
by the owner of the copyright in question on the terms specified 
in the order. 
(2) The benefit of the order may be assigned-
(a) in the case of an order under section 271, if assignment 
is not prohibited under the terms of the Tribunal's order; 
and 
Cb) 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 27r 
or 27J, or an order under section 27K varying such an order, so 
far as it varies the amount of charges payable, has effect from 
a date before that on which it is made, but not earlier than the 
date on which the reference or application was made or, if later, 
on which the licence was granted or, as the case may be, was 
due to expire. 
(4) Where a direction is made under subsection (3)-
Ca) any necessary repayments, or further payments, shall be 
made in respect of charges already paid or payable; and IPINl1lMYS/C/l 
Page 41 
(b) the reference in paragraph (a) of subsection (1) to the 
charges payable in accordance with the order shall be 
construed, where the order is varied by a later order, as 
a reference to the charges so payable by virtue of the 
later order. 
PART V 
COPYRIGHT TRIBUNAL 
28. Establishment of Copyright Tribunal. 
There shall be established a tribunal to be known as the 
Copyright Tribunal. 
29. Appointment of Chairman and members of Tribunal. 
(1) The Tribunal shall consist of the following persons who 
shall be appointed by the Minister: 
(a) a Chairman; 
(b) a Deputy Chairman~ and 
Cc) not more than twenty persons as the Minister considers 
fit and proper to be members of the Tribunal. 
(2) The Chairman, Deputy Chairman 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 
Chairman 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 Chairman or any member of the 
Tribunal may at any time resign from his office by giving notice 
in writing to the Minister. 
(6) The Chairman, Deputy Chairman and members of the 
Tribunal shall be deemed to be public servants within the mean­
ing of the Penal Code. 
(7) There shall be a Secretary to the Tribunal and such other 
officers as may be necessary to assist the Tribunal, who shall be 
appointed by the Minister. IP /N! 1 IMYS/C 11 
Page 42 
30. Proceedings before the Tribunal. 
(1) Every proceedings before the Tribunal shall be heard and 
disposed of by the Chairman or Deputy Chairman and two other 
members selected by the Chairman from among the members 
appointed under section 29. 
(2) No member of the Tribunal shall take part in any proceed­
ings before the Tribunal he has a pecuniary interest in any 
matter which is to be determined by the Tribunal. 
(3) Where the Chairman has been disqualified under subsec­
tion (2), the Minister shall appoint another member of the 
Tribunal to act as Chairman for the purposes of that pro­
ceedings. 
(4) A person is deemed to have a pecuniary interest if he, his 
partner, 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 an equality of votes, the chairman or the member presiding 
shall have a casting 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, 
the proceedings 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 con­
stituted. 
(7) In any such case as is mentioned in subsection (6) where 
the member who is unable to continue is the chairman of the 
proceedings, then the Minister shall appoint from amongst the 
remaining members a new chairman for the purposes of the 
continued proceedings. 
30A. Reference of questions of law to High Court. 
(1) The Tribunal may of its own motion, or shall at the request 
of a party, refer a question of law arising in proceedings con­
cluded 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. IP/N/UMYS/C/I 
Page 43 
(3) Where a question has been referred to the High Court 
under this section, the Tribunal shall forward the record of its 
proceedings to the Registrar of the High Court who shall there­
upon 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 to the proceedings before the Tribunal shall be entitled to 
appear and to be 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 other order 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 or before any other authority, judicial or otherwise, 
whatsoever. 
(7) For the purposes of this section, a question of law shall 
not include a question whether there is sufficient evidence to 
justify a finding of fact by the Tribunal. 
31. Licence to produce and publish translation. 
(1) Any person may apply to the Tribunal for a licence to 
produce and publish in the national language a translation of a 
literary work written in any other language. 
(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 work in the national language, 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 under 
subsection (1) in respect of a work only where-
(a) a translation of the work in the national language has 
not been published by the owner of 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; IPINII/MYS/CI I 
Page 44 
(b) (i) the applicant has requested and been denied autho­
rization by the owner of the right to produce and 
publish the translation; or 
(ii) the applicant, after due diligence on his part, is 
unable to find the owner; 
(c) the applicant, if the nationality of the owner of the right 
of translation is known, has sent a copy of his request 
for the translation to the diplomatic or consular repre­
sentative of the state of which that owner is a national, 
or to the organization which may have been designated 
by the government of that state; 
(d) the Tribunal is satisfied that-
(i) the applicant is able to produce and publish a correct 
translation of the work and possesses the means to pay 
to the owner of the right of translation the royalties 
payable under this section; 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; 
(e) the author of the work has not withdrawn it from cir­
culation; 
if) an opportunity of being heard is first given, wherever 
practicable, to the owner of the right of translation in 
the work; 
(g) a further period of nine months has elapsed from the 
fulfilment of the formalities mentioned in paragraphs 
(b) and (c) and during this period no translation in the 
national language has been published by the owner of 
the right of translation or with his authorization; and 
(h) the translation is for the purpose of teaching, scholarship 
or research. 
(4) The licence granted under this section shall not be trans­
ferable and shall not extend to the export of copies: 
Provided that the sending of copies to another country by the 
Government or any Government organization shall not constitute 
export 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; IPfNIl 
(c) the sending of the copies and their subsequent distribu­
tion to recipients is without any commercial purpose; 
and 
Cd) the country to which the copies have been sent has 
agreed with Malaysia to allow the receipt, or distribu­
tion, or both. 
(5) The licence shall be valid only for publication of the 
translation in Malaysia and all copies published under the licence 
shall bear a notice in the national language stating that the copies 
are available for distribution only in Malaysia. 
(6) Any licence granted under this section shall terminate if 
a translation in the national language and with substantially the 
same content as that for which a licence has been granted has 
been published by the owner of the right of translation or with 
his authorization at a price reasonably related to that charged in 
Malaysia for comparable works: 
Provided that any copies already made before the licence 
terminates may, however, continue to be distributed until their 
stock is exhausted. 
(7) If the work to be translated consists mainly of illustrations, 
no licence under this section shall be granted. 
32. (Deleted). 
33. Tribunal may request for information.. 
(1) The Tribunal may request for such information as it may 
deem necessary for the purpose of exercising any of its powers 
and functions under this Act and any subsidiary legislation made 
thereunder. 
(2) Any person who refuses to comply with such request by 
the Tribunal shall be guilty of an offence under this Act. 
34. No action to lie against Tribunal. 
No action or other legal proceedings shall lie against any 
member of the Tribunal for anything done or omitted to be don(' 
in good faith in connection with the exercise of the powers and 
functions of the Tribunal under this Act. 
35. Regulations .relating to Tribunal. 
The Minister may make regulations in respect of the Tribunal 
and in particular and without prejudice to the generality of the 
foregoing, in respect of the following matters: Page 45 IPINIIIMYS/C/1 
Page 46 
(a) prescribing the manner in which any matter may be 
referred to the Tribunal; 
(b) prescribing the procedure to be adopted by the Tribunal 
in dealing with any matter referred to it under this Act 
and the 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 
36. Infringements. 
(1) Copyright is infringed by any person who does, or causes 
any other 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-
Ca) 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 
Cii) for any other purpose to an extent that it will affect 
prejudicially the owner of the copyright; or 
Cc) by way of trade, exhibiting the article in pUblic, 
where he knows or ought reasonably to know that the making 
of the article was carried out without the consent or licence of 
the owner of the copyright. 
(3) Copyright is infringed by any person who circumvents or [Ins. Act 
causes any other person to circumvent any effective technologi- A994] 
cal measures that are used by authors in connection with the 
exercise of their fights under this Act and that restrict acts, in 
respect of their works~ which are not authorized by the authors 
concerned or permitted by law. [Ins. Act 
A 994] IPlNllIMYS/CII 
Page 47 
(4) Copyright is infringed by any person who knowingly 
performs any of the following acts knowing or having reasonable 
grounds to know that it will induce, enable, facilitate or conceal 
an infringement of any right under this Act: 
Ca) the removal or alteration of any electronic rights man~ 
agement information without authority; 
(b) the distribution, importation for distribution or commu­
nication to the public, without authority, of \-'lorks or 
copies of works knowing that electronic rights manage­
ment information has been removed or altered without 
authority. 
(5) For the purpose of subsection (4) and section 41, "rights 
management information" means information which identifies 
the works, the author of the work, the owner of any right in the 
work, or information about the terms and conditions of use of 
the work, any numbers or codes that represent such information, 
when any of these items of information is attached to a copy of 
a work or appears in connection with the communication of a 
work to the public. 
37. Action by owner of copyright and relief. 
(1) Subject to this Act, infringements of copyright shall be 
action-able at the suit of the owner of the copyright and in any 
action for such an infringement, an such relief by way of dam­
ages, injunction, accounts or otherwise, shall be available to the 
plaintiff as are available in any corresponding proceedings 
respect of infringement of other proprietary rights. 
(2) Where in an action under this section, an infringement of 
copyright is proved or admitted, and the court, having regard, 
in addition to all other material considerations to-
(a) the flagrancy of the infringement; and 
(b) any benefit shown to have accrued to the defendant by 
reason of the infringement, 
is satisfied that effective relief would not otherwise be available 
to the plaintiff, the court in assessing damages for the infringe­
ment, shall have power to award such additional damages by 
virtue of this subsection as the court may consider appropriate 
in the circumstances. [Ins. Act 
A9941 IP/N/lIMYS/C/l 
Page 48 
(3) No injunction shall be issued in proceedings for infringe­
ment of copyright which requires a completed or partly built 
building to be demolished or which prevents the completion of 
a partly built building. 
(4) For the purposes of this section and section 38-
(a) "action" includes a counter-claim, and reference to the 
plaintiff and to the defendant in an action shall be 
construed accordingly; and 
(b) "court" means the appropriate High Court in Malaysia. 
(5) For the purposes of this section, owner of the copyright 
means the first owner or an assignee, as the case may be, of the 
relevant part of the copyright. 
38. P:roceedings in case of copy:right su.bject to exclu.sive 
licence. 
(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 the 
proceedings 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 the 
licence had been an assignment, and those rights and remedies 
shall be 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 
copyright or by the exclusive licensee, and the action, in so far 
as it is brought under section 37, relates (wholly or partly) to an 
infringement in respect 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 either of them. IPINI1/MYS/C!1 
Page 49 
(4) In any action brought by the exclusive licensee by virtue 
of this section, any defence which would have been available 
to a defendant in the action, if this section had not been enacted 
and the action have been 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 
in subsection (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 or other­
wise) 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 in 
respect 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 the owner 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 be taken in respect of that infringement, then subject 
to any agreement of which the court is aware whereby the 
application of those profits is determined as between the owner 
of the copyright and the exclusive licensee, the court shall 
apportion the profits between them as the court may consider just 
and shall give such directions as the court may consider appro­
priate 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 judgement or order for the payment of damages in 
respect of an infringement of copyright shall be given 
or made under section 37, if a final judgement or order 
has been given or made awarding an account of profits 
to the other party under that section in respect of the 
same infringement; and [PINIl 
Page 50 
[Subs. Act 
A 1082] 
[Ins. Act 
A1082] (b) no judgement or order for an account of profit in respect 
of an infringement of copyright shall be given or made 
under that section, if a final judgement or order has been 
given or made awarding either 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 men­
tioned in subsection (3), whether by the owner of the copyright 
or by the exclusive licensee, the other party is not joined as a 
plaintiff (either at the commencement of the action or subse­
quently) but is added as a defendant, he shall not be liable for 
any costs in the action unless he enters 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 
an owner or a prospective owner of copyright authorizing the 
licensee to the exclusion of all other persons, to exercise a right 
which by virtue of 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 
the licence, there had been granted (subject to terms and conditions 
corresponding as nearly as may be with those subject to which 
the licence 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. 
39. Restriction on importation of infringing copies. 
(1) The owner of copyright in any work, or any person 
authorised by him, may make an application to the Controller 
to request that during a period specified in the application copies 
of the work to which this section applies be treated as infringing 
copies. 
(1 A) 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 (ins. Act 
AI082] 
[Ins. Act 
A1082] 
(Subs. Act 
Al082] 
[ActA994] 
[Subs. Act 
A 1082] IP/N/l/MYS/C/l 
Page 51 
(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), the 
Controller shall determine the application and the Controller 
shall within a reasonab le period inform the applicant by a written 
notice whether the application has been approved and specify the 
period during which the copies will be treated as infringing 
copIes. 
(3) Where the application is approved by the Controller in 
respect of a work and the application is not withdrawn, the 
importation of any infringing copies into Malaysia for the du­
ration 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). 
(5) The Controller shall require any person making an appli­
cation under subsection (1)-
(a) to deposit a security which in the Controller's opinion 
is sufficient to reimburse the Government for any liabil­
ity or expenses which may be incurred in consequence 
of the detention at any time within the period specified 
in the Controller's notice of any infringing copies or in 
consequence of anything done in relation to a copy so 
detained; and 
(b) whether or not a security is given, to keep the Controller 
indemnified against any liability or expenses referred to 
in paragraph (a). 
(6) Any Assistant Controller, police officer not below the rank 
of Inspector or any officer of Customs may search for and seize 
any infringing copies which are prohibited from being imported 
into tv1alaysia under subsection (3). 
(7) Whenever any infringing copies are seized under this 
section. the seizing officer shall forthwith give notice in writing 
of such seizure and the grounds thereof to the owner of the 
infringing copies known. either by delivering such notice to 
him personally or by post at his residence, known: IP/N/1 
Page 52 
Provided that such notice shaH not be required to be given where 
such seizure is made on the person, or in the presence of the 
cffender or the owner or his agent, or in the case of a vessel or 
aircraft, in the presence of the master or pilot, as the case may be. 
(8) Infringing copies shall be liable to forfeiture as if they were 
prohibited goods under the law relating to Customs. 
(9) The Minister may make such regulations as he thinks [Ins. Act 
d· f h f h" AJ082] necessary or expe lent or t e purpose 0 t IS sectlOn. 
39A. Application of sections 36, 37,38 and 39 to performers' [Ins. Act 
A 1082) right. 
Sections 36, 37, 38 and 39 shall apply mutatis mutandis to 
performers' right. 
40. Back~up copy of computer program. 
(l) Subject to subsection (2), 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-
(a) the reproduction is made by, or on behalf of, the owner 
of the 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, 
in lieu 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 repro­
duction of 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 the 
owner 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 origi­
nal 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 is 
reproduced in a material form; and [Am. Act 
A1082J IP /NIl IMYS/CI I 
Page 53 
(b) a reference to an express direction, in relation to a copy 
of a computer program, or of an adaptation of a computer 
program, includes a reference to a clearly legible direc­
tion printed on the copy or on a package in which the 
copy is supplied. 
41. Offences. 
(1) Any person who during the subsistence of copyright in a 
work or performers' right-
(a) makes for sale or hire any infringing copy; 
(b) sells, lets for hire or by way of trade, exposes or offers 
for sale or hire any infringing copy; 
(c) distributes infringing copies; 
(d) possesses, otherwise than for his private and domestic 
use, any infringing copy; 
(e) by way of trade, exhibits in public any infringing copy; 
(j) imports into Malaysia, otherwise than for his private and 
domestic use, an infringing copy; 
(g) makes or has in his possession any contrivance used or 
intended to be used for the purposes of making infring­
ing copies; 
(h) circumvents or causes the circumvention of any effec­
tive technological measures referred to in subsection (3) 
of section 36; [Am. Act 
A994] 
[Ins. Act 
A994] 
(i) removes or alters any electronic rights management [Ins. Act 
information without authority; or A994] 
(j) distributes, imports for distribution or communicates to 
the public, without authority, works or copies of works 
in respect of which electronic rights management 
information has been removed or altered without 
authority, 
shall, unless he is able to prove that he had acted in good faith 
and had no reasonable grounds for supposing that copyright or 
performers would or might thereby be infringed, be guilty of an 
offence and shall on conviction be liable-
(i) in the case of an offence under paragraphs (a) to (j), to 
a fine not exceeding ten thousand ringgit for each in­
fringing copy, or to imprisonment for a term not exceed­
ing five years or to both and for any subsequent offence, 
to a fine not exceeding twenty thousand ringgit for each 
infringing copy or to imprisonment for a term not ex­
ceeding ten years or to both; [Ins. Act 
A994) 
[Am. Act 
AlO82] 
[Am. Act 
A994] IP/N/l/MYS/C/l 
Page 54 
[Ins. Act 
A994] 
[Am. Act 
A 1082] (h) in the case of an offence under paragraph (g), to a fine 
not exceeding twenty thousand ringgit for each 
contrivance in respect of which the offence was 
committed or to imprisonment for a term not exceeding 
ten years or to both and for any subsequent offence to 
a fine not exceeding forty thousand ringgit for each 
contrivance in respect of which the offence was 
committed or to imprisonment for a term not exceeding 
twenty years or to both; 
(Hi) the case of an offence under paragraphs Ch), (i) and 
(j), to a fine not exceeding two hundred and fifty 
thousand ringgit or to imprisonment for a term not 
exceeding three years or to both and for any subsequent 
offence, to a fine not exceeding five hundred thousand 
ringgit or to imprisonment for a term not exceeding five 
years or to both. 
(2) For the purposes of paragraphs (a) to if) of subsection 0), 
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 pos­
session of or to import such copies otherwise than for private or 
domestic use. 
(3) Any person who causes a literary or musical work 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 that copyright 
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, 
secretary or manager of the body corporate or, as the case may 
be, every other partner in the firm shall be deemed to be guilty 
of the offence 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. 
41A. Compounding of offences. 
(1) The Controller or a Deputy Controller may compound any 
offence under this Act or subsidiary legislation made thereunder 
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 be 
prescribed. [Am. Act 
A994] lP/NI J IMYS/CI1 
Page 55 
(2) Upon receipt of the payment under subsection (1), no 
further proceedings shall be taken against such person in respect 
of such offence and where possession has been taken of any 
goods, such goods may be released, subject to such conditions 
as may be imposed in accordance with the conditions of the 
compound. 
(3) The power to compound offences under subsection (1) 
shall be exercised by the Controller or the Deputy Controller 
personally. 
42. Affidavit admissible in evidence. 
(1) An affidavit 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 for 
copyright under this Act stating that-
(i) at the time specified therein copyright subsisted in 
such work; 
(ii) he or the person named therein is the owner of the 
copyright; and 
(iii) a copy of the work annexed thereto is the true copy 
thereof; or 
(b) the performer in a live performance eligible for perform­
ers' right under this Act stating that-
(i) at the time specified therein performers' right sub­
sisted in such live performance; 
(ii) he or the person named therein is the performer; and 
(iii) a copy of the document annexed thereto is the docu­
ment which proves that he or the person named 
therein performed in the live performance, 
shall be admissible in evidence in any proceedings under this Act 
and shall be prima facie evidence of the facts contained therein. (Subs. Act 
AI082] 
(2) Any person who for the purposes of subsection (1) shall (Am. Act . d h .. . . A 1082] be reqmred to pro uce such aut onzatwn wntmg. 
(3) (Deleted). [Act Al082] I P!N1l IMYS/C!l 
Page 56 
43. Penalty. 
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 not exceeding 
twenty-five thousand ringgit or to imprisonment for a term not 
exceeding three years or to both. 
PART VII 
ENFORCEMENT 
44. Entry by warrant or otherwise. 
(l) 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 contriv­
ance 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 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 the warrant 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 re­
cel ved that he has reasonable grounds for believing that by reason 
of delay in obtaining a search warrant, any copy, contrivance, 
article, vehicle, book or document used to commit or to be used 
to commit an offence under this Act is likely to be removed or 
destroyed, he may enter such house or premises without a, warrant 
and seize any such copy, contrivance, article, vehicle, book or 
document from therein. 
(lA) An Assistant Controller or a police officer not below the 
rank of 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 the occupier is temporarily absent, 
leave it as effectively secured against trespassers as he found it. IP/N/IIMYS/C/l 
Page 57 
(2) An Assistant Controller or a police officer not below the 
rank of Inspector 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, book or document is seized, he shall 
produce the same before the magistrate, and upon such produc­
tion the magistrate shall direct the same to be kept in the custody 
of the Controller or Assistant Controller or the police for the 
purpose of any investigation or prosecution under this Act: 
Provided that where, upon any such seizure, any such copies, 
contrivances, articles, vehicles, books or documents are kept in 
the custody of the Controller or Assistant Controller or the police 
and where 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 be reported to the magistrate. 
(3) If it is founa, 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 the provisions of section 47, 
it shall be sufficient for the purpose of producing the same before 
the magistrate under subsection (2) for the seizure to be reported 
to the magistrate or for the magistrate to view the same in such 
premises or container. 
45. Effecting entry, removal and detention. 
Any Assistant Controller or police officer not below the rank 
of Inspector may in the exercise of his powers under section 44, 
if it is necessary so to do-
(a) break open any outer or inner door of the dwelling house 
or 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. IP/N/l/l\1YS/CIl 
Page 58 
46. List of things seized. 
(1) The Assistant Controller or police officer not below the 
rank ofInspector 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 forthwith deliver a copy signed by him to the occupier, or 
his agents or servants present in the premises. 
(2) If the premises are unoccupied, the Assistant Controller 
or police officer not below the rank of Inspector shall wherever 
possible post a list of the things seized on the premises. 
47. Sealing of things. 
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 the exercise of his powers under this Act, by reason of their 
nature, size or amount, he may by any means seal such things 
or documents in the premises or container in which they are found 
and it shall be an offence for any person without lawful authority 
to break, tamper with or damage such seal or remove such things 
or documents or to attempt to do so. 
48. Obstruction to search, etc. 
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 Assistant Con-
troller or police officer not below the rank of Inspector 
in effecting any entry which he is entitled to effect 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 be 
required of him and which he has in his knowledge or 
power to give; IP/Nll/MYS/C/l 
Page 59 
(d) with a view to deceiving any public officer in the 
execution of the provisions of this Act, or with a view 
to procuring or influencing the doing or omission of 
anything in relation to this Act, knowingly gives any 
false information or makes any statement which is false 
and which he either knows or believes to be false or does 
not believe to be true; or 
(e) in the affidavit or statutory declaration referred to in 
subsection (1) of section 42, makes any statement which 
is false, and which he either knows or believes to be false 
or does not believe to be true, touching any point ma­
terial to the object for which the affidavit or declaration 
is made or used under subsection (1) of section 42, 
shall be guilty of an offence. 
49. Warrant admissible notwithstanding defects, etc. 
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, vehicle, book or document seized under such warrant 
shall be admissible in evidence in any proceedings under this Act. 
50. Powers of investigation. 
(1) Any Assistant Controller or police officer not below the 
rank of Inspector shall have the power to investigate the com­
mission of any offence under this Act or subsidiary legislation 
made thereunder. 
(2) Any Assistant Controller or police officer not below the 
rank of Inspector 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 except that the power to arrest without warrant 
gi ven by the Criminal Procedure Code in any seizable offence 
may not be exercised by any Assistant Controller. IPINII/MYS/C/l 
Page 60 
51. Admissibility of statement. 
(1) Notwithstanding the provisions of any written law to the 
contrary, where a person is charged with an offence under this 
Act any statement, whether the statement amounts to a confes­
sion or not or whether it is oral or in writing, made at any time, 
whether before or after the person is charged and whether in the 
course of investigations 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 of Inspector and whether or not interpreted to him 
by an Assistant Controller, a police officer not below the rank 
of Inspector, or any other person concerned or not in the case 
shall be admissible at his trial in evidence and, if the person 
tenders himself as a witness, any such statement may be used 
in cross-examination and for the purpose of impeaching his 
credit: 
Provided that-
(a) no such statement shall be admissible or used as afore­
said-
(i) if the making of the statement appears to the court to 
have been caused by any inducement, threat or prom­
ise having reference to the charge against such person 
proceeding from the person in authority and sufficient 
in the opinion of the court to give a person grounds 
which would appear to him reasonable for supposing 
that by making it he would gain any advantage or 
avoid any evil of a temporal nature in reference to the 
proceedings 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 or words to the like 
effect: 
"It is my duty to warn you that you are not 
obliged to say anything or to answer any question 
but anything you say, whether in answer to a ques­
tion or not, may be given in evidence."; and 
(b) a statement made by any person before there is time to 
caution him shall not be rendered inadmissible in evi­
dence merely by reason of his not having been cautioned 
if is cautioned as soon as possible. IP/NI1/MYS/CI1 
Page 61 
(2) Notwithstanding the provisions of any written law to the 
contrary, a person accused of an offence to which subsection (1) 
applies shall not be bound to answer any question relating to the 
case after he has been cautioned. 
52. Disclosure of information. 
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 the performance of the functions and duties under this Act. 
53. Conduct of prosecution in court. 
Any criminal prosecution before the Sessions Court for an 
offence under this Act or subsidiary legislation made thereunder 
may be conducted by an Assistant Controller or a police officer 
not below the rank of Inspector. 
54. Forfeiture of articles. 
(1) Any article, vehicle, book, document, copy or contrivance 
seized pursuant to this Act shall be liable to forfeiture. 
(2) The court trying any person accused of an offence under 
this Act may at the conclusion of the trial, whether he is convicted 
or not, order that article, vehicle, book, document, copy or 
contrivance seized from that person be destroyed 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 
of any powers conferred under this Act, the same shall be taken 
and deemed to be forfeited at the expiration of one calendar 
month from the date it was seized unless a claim thereto is made 
before that date in 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 that the same are not liable to forfeiture may personally 
or by his agent authorized in writing by him give written notice 
to an Assistant Controller of his claim. 
(5) On receipt of a notice under subsection (4), the Assistant 
Controller shall refer the notice to the Controller who may, after 
such enquiry as may be necessary, direct that such article, 
vehicle, book, document, copy or contrivance be released or 
forfeited or refer the matter to the court for decision. I PINIlIMYS/C/l 
Page 62 
(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, vehicle, book, document, copy or contrivance and the 
person from whom they were seized to appear before it and upon 
his appearance or default to appear, due service of the summons 
being proved, the court shall proceed to the examination of the 
matter and on proof that an offence under this Act or subsidiary 
legislation made thereunder has been committed and that such 
article, vehicle, book, document, copy or contrivance was the 
subject matter or was used in the commission of such offence, 
shall order the same to be forfeited or may, in the absence of such 
proof, order the release of such article, vehicle, book, document, 
copy or contrivance to the person entitled to it. 
(7) Any article, vehicle, book, document, copy or contrivance 
forfeited 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 the first owner of copyright in question, his 
assignee or exclusive licensee, as the case may be. 
55. Proportional examination of articles seized to be ac~ 
cepted. 
(1) Where packages or receptacles containing copies sus­
pected 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 con­
tained in the package or receptacle are of the same nature as those 
copies examined. 
56. Protection of informers from discovery. 
(1) Except as hereinafter provided, no witness in any civil or 
criminal proceedings shall be obliged or permitted to disclose 
the name or address of an informer or the substance and nature 
of the information received from him or to state any matter which 
may lead to his discovery. 
(2) If any books, documents or papers which are in evidence 
or are liable to inspection in civil or criminal proceedings what­
soever contain any entry which any informer is named or 
described or which might lead to his discovery, the court shall 
cause all such passages to be concealed from view or to be 
obliterated so far only as may be necessary to protect the informer 
from discovery. [Am. Act 
AI082] IP/N/lIMYS/C/ ! 
(3) If on the trial for any offence against this Act or any 
subsidiary legislation made thereunder the court after full en­
quiry into the case believes 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 that justice cannot be fully done 
between the parties thereto without the discovery 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. 
57. Protection of Assistant Controllers and police officers. 
No action or prosecution shall be brought, instituted or main­
tained 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. 
58. (Deleted). 
59. Regulations. PART VIn 
MISCELLANEOUS 
The Minister may make regulations for the carrying out of the 
provisions of this Act. 
59A. Extension of application of Act. 
(1) The Minister may make regulations applying any of the 
provisions of this Act specified in the regulations, in rdation to 
a country so specified in the regulations (which in this section 
is referred to as the "specified countrf'), which mayor may not 
be a party to a treaty or a member of any Convention or Union 
relating to copyright or performers right to which Malaysia is 
also a party or a member, so as to secure that those provisions-Page 63 lP/N/l/MYS/CIl 
Page 64 
Ca) 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 that 
specified 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 
residents in, 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 and 
constituted or vested with legal personality under the 
laws of Malaysia; 
(d) apply in relation to broadcasts transmitted from that 
specified country as they apply in relation to broadcasts 
transmitted from Malaysia; 
(e) apply in relation to works of architecture erected in that 
specified country or any other artistic works incorpo­
rated 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 located in Malaysia; 
if) apply in relation to every work eligible for copyright if 
the work is made in that specified country as they apply 
in 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 
Ch) apply in relation to a live performance taking place in 
that specified country as they apply in relation to a 
performance in Malaysia. 
(2) Reference in subsection Cl) (a) to works first published in 
a specified country shall include works which were first pub­
lished elsewhere but published in that specified country within 
thirty days of such publication elsewhere. [Ins. Act 
AIDS2] [Am. Act 
AI082] 
[Am. Act 
AlO82] 
(Am. Act 
AlO82] 
[Am. Act 
AlO8:?] IPlNl1/MYS/C/l 
Page 65 
(3) Regulations made under subsection (l) may apply the 
provisions 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 
or other subject-matter as may be specified in those 
regulations. 
(4) The regulations made under subsection (1) may provide 
for the application of the regulations in relation to works made 
or live 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 as they apply 
in relation to works made or live 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. 
(6) The Minister shall not make regulations under this section 
applying any of the provisions of this Act in respect of a specified 
country, other than a specified country which is a party to a treaty 
or a member of any Convention or Union relating to copyright 
to which Malaysia is also a party or a member, unless the Minister 
is satisfied that, in respect of the class of works or other 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 live 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. IP/N/1/MYS/C/l 
Page 66 
59B. Powe:r of Ministe:r to exclude from definition of "b:road~ [Ins. Act 
A994] cast". 
(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 ser­
vices through means of wire or providing programmes 
for such services. 
(2) The Minister may, by order, amend subsection (1) so as 
to add to or remove from the exclusion referred to in that 
subsection. 
60. Savings. 
(1) Nothing in this Act shall affect any right or privilege of 
any person, including the Government, under any written law, 
except in so far as that law is expressly repealed, amended or 
modified by or is inconsistent with this Act. 
(2) Nothing in this Act shall affect the rights of the Govern­
ment of Malaysia, or any person deriving title from the Govern­
ment to sell, use or otherwise deal with articles forfeited under 
the laws relating to Customs, including articles so forfeited by 
virtue of this Act or any written law repealed by this Act. 
61. Repeal. 
The Copyright Act 1969 is repealed: 
Provided that-
(a) nothing contained in this Act shall affect any person's 
liability to be prosecuted or punished for offences com­
mitted 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 such 
offence; IP/N/lIMYS/C/l 
Page 67 
Cb) any proceedings, whether civil or criminal, or cause of 
action pending or existing immediately before the com­
ing 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 of 
such right, privilege, obligation or liability shall not be 
affected and any such legal proceedings or remedy may 
be instituted or enforced under the relevant provisions 
of this Act. 
Note: Section 12 of the amending Act A952 providing for the Transitional and savings clause 
reads as follows: 
"Nothing in this Act shall affect-
(a) proceedings commenced under section 58 of the principal Act before the date of 
coming into force of this Act and still pending immediately prior to the date of 
coming into force of this Act; and 
(b) works in which copyright subsisted immediately prior to the date of coming into 
force of this Act, 
and the provisions of the principal Act and any regulations made thereunder shall continue 
to apply to such proceedings or works, as the case may be, as if the principal Act had not been 
amended by this Act." IPlNIliMY S/CI1 
Page 68 
Amending COPYRIGHT ACT 1987 
(Act 332) 
LIST OF AMENDMENTS 
law Short title/Sections affected 
Act A 775 Copyright (Amendment) Act 1990 
s. 2, 3, 8, 9, 39, 49, 55, 56, 59, 59A, 61 
S. 3, 9, 13, 15, 24, 36, 39, 41, 44, 46, 48, 
54,58 
Act A952 Copyright (Amendment) Act 1996 
s. 3, 7, l3A, 13B, J3c, 27 A, 27B, 27c, 27D, 
27E, 27F, 27G, 27H, 27I, 271, 27K, 27L, 
29,30, 30A, 32, 41A, 58 
Act A994 Copyright (Amendment) Act 1997 
s. 3, 7, 13, 15, 17,21, 25, 36,41,58, 59B 
Act Al 082 Copyright (Amendment) Act 2000 
s. 3, 4, 8, lOA (new), 13, 16A (new), 
16B (new), 17, 18, 19, 20, 22, 23, 
23A (new), 23B (new), 25A (new), 
27A, 27H, 39, 39A (new), 41, 42, 59A In force 
from 
1.12.1987 
1.10.1990 
1.9.1999 
1.4.1999 
15.8.2000 fPIN/lIMYS/CIl 
Page 69 
COPYRIGHT (LICENCE TO PRODUCE AND PUBLISH 
IN THE NATIONAL LANGUAGE A TRANSLATION 
OF A LITERARY WORK) REGULATIONS 1987 
ARRANGEMENT OF REGULATIONS 
Regulation PART I 
PRELIMINARY 
1. Citation and commencement. 
2. Interpretation. 
PARTH 
SECRETARIAT 
3. Secretariat to the Tribunal. 
PARTIU 
APPLICATION FOR LICENCE 
4. Procedure for application. 
S. Notice to the owner. 
PART IV 
INQUIRY 
6. Tribunal to hold inquiry. 
7. Time and place of inquiries. 
8. Procedure at meetings of the Tribunal. 
9. Powers of the Tribunal at inquiries. 
10. Applicant to pay cost. 
11. Licences. PART V 
LICENCES 
12. Applicant to produce and publish within period specified. 
13. Extension of period. 
14. Cancellation of licence. 
15. Maintenance of records. 
PART VI 
ROYALTIES 
16. Determination of royalties. 
17. Overdue payments. 
SCHEDULE. IPIN/lIMYS/CIl 
Page 70 
COPYRIGHT (LICENCE TO PRODUCE AND PUBLISH 
IN THE NATIONAL LANGUAGE A TRANSLATION 
OF A LITERARY WORK) REGULATIONS 1987* 
IN exercise of the pow'ers conferred by section 35 of the Copyright Act 
1987, the Minister makes the following regulations: 
PART I 
PRELIMINARY 
1. Citation and commencement. 
These Regulations may be cited as the Copyright (Licence To Produce 
And Publish In The National Language A Translation Of A Literary 
'Work) Regulations 1987 and shall come into force on the 2nd December 
1987. 
2. Interpretation. 
In these Regulations, unless the context otherwise requires-
.. Act" means the Copyright Act 1987; 
"Chairman" means the chairman of the Copyright Tribunal appointed under 
section 29 of the Act; 
"export" means to send or cause to be sent out of Malaysia by whatever 
means; 
"member" means any member of the Tribunal appointed under section 29 
of the Act; 
"national language" means the national language of Malaysia; 
"produce", in relation to a translation in the national language of a literary 
work written in any other language, means the making of one or more copies 
of the translated work in any form or version; and "reproduce" shall be 
construed accordingly; 
"publish", in relation to a translation in the national language of a literary 
work written in any other language. means the making of one or more copies 
of the translated work available to the public, whether by sale or otherwise. 
PARTII 
SECRET ARIAT 
3. Secretariat to the Tribunal. 
(1) There shaH be a Secretariat to the Tribunal which shall be the Ministry 
of Trade and Industry. 
(2) The Secretariat shall assist the Tribunal in any matter relating to the 
functions of the Tribunal. 
*PlIblished as P,U, (A) 37911987, PART HI 
APPLICA nON FOR LICENCE 
4. Procedure for application. IPIl'-l1l IMYS/C/l 
Page 71 
(l) An application for a licence under section 31 Cl) of the Act shall be in 
the form set out in Part I of the Schedule. 
(2) A separate application shall be made in respect of each literary work. 
(3) Each application shall be in triplicate and shall be served by delivering 
it in person or by sending it by registered post to the Secretariat. 
(4) A fee of one hundred ringgit in respect of each application shall be paid 
to the Secretariat at the time the application is made. 
(5) Upon receipt of the application, the Secretariat shall­
(a) inform the Chairman immediately of such receipt; 
(b) process the application; and 
(c) upon being instructed by the Chairman, call for a meeting of the 
Tribunal. 
5. Notice to the owner. 
(1) When any application has been made under regulation 4, the Chairman 
shall, as soon as possible, serve or cause to be served a notice of the application 
on the owner of the copyright in the work to which the application relates, 
wherever practicable. 
(2) Where it is not practicable to serve a notice on the owner, the Chairman 
shall give or cause to be given a notice of the application in the Government 
Gazette or in at least two local daily newspapers as he thinks fit. 
(3) The notice to the owner or the notification in the Government Gazette 
or in the newspapers shall be in the form set out in Part n or Part HI of the 
Schedule, as the case may be. 
6. Tribunal to hold inquiry_ PART IV 
INQUIRY 
(1) The Tribunal may hold as many inquiries as it thinks necessary in 
respect of each application: 
Provided that the Tribunal shall not hold any inquiry in respect of any 
application before the expiry of at least three months from the date of the 
service of notice to the owner or in the case where notice to the owner is made 
by way of notification in the Government Gazette or in the newspapers, or both, 
before the expiry of at least three months from the date the notification is 
published. 
(2) Notwithstanding sub-regulation (1), if after an application has been 
received in respect of a work, other applications are received in respect of the 
same work and such applications are received before the expiry of three 
months from the date of the service of the notice or the notification in the 
Government Gazette or newspapers, as the case may be, in respect of the 
application first received, all the applications shall be considered together. IPlN/l/MYS/Cil 
Page 72 
7. Time and place of inquiries. 
The Tribunal shall hold its inquiries at such time and place as the Chairman 
shall direct. 
8. Procedure at meetings of the Tribunal. 
(1) The Tribunal shall keep records of its proceedings in the form of 
minutes. 
(2) If there is an equality of votes on any question to be determined by the 
Tribunal the Chairman shaH have the casting vote in addition to his delibera­
tive vote. 
(3) Subject to the Act and these Regulations, the Tribunal shall regulate its 
own procedure at meetings. 
9. Powers of the Tribunal at inquiries. 
Without prejudice to section 33 of the Act, the Tribunal shall have the 
following powers in the exercise of its functions at inquiries: 
(a) to require any person to attend any meeting of the Tribunal to give 
evidence or produce any document or any other thing in his posses­
sion and to examine him as a witness; 
(b) to require the evidence of any witness to be made on statutory 
declaration or in any other manner as the Chairman thinks fit; 
(c) subject to regulation 6, to hear and determine any application 
referred to it in such manner as may be determined by the Chairman, 
notwithstanding the failure of any person to submit any written 
statement, information or any other evidence required by the Tribu­
nal within such time as may be prescribed by the Chairman or the 
absence of any party to the dispute who has been served with a notice 
to appear. 
10. Applicant to pay cost. 
The applicant shall pay the cost of any inquiry or proceedings before the 
Tribunal as the Tribunal may determine. 
U. Licences. PART V 
LICENCES 
The licence granted by the Txibunal shaH be in the form set out in Part IV 
of the Schedule. 
12. Applicant to produce and publish within period specified. 
The applicant to whom the licence is granted shall produce and publish the 
translation within such period specified in the licence. 13. Extension of period. IP/N/liMYS/CIl 
Page 73 
The Tribunal may. on the application of the licensee and after giving notice 
to the owner, if it is satisfied that the licensee may for sufficient reasons be 
unable to produce and publish the translation within the period specified in the 
licence, extend such period. 
14. Cancellation of licence. 
The Tribunal may, after giving the licensee an opportunity to be heard, 
cancel the licence on any of the following grounds: 
(a) that the licensee has failed to produce and publish the translation 
within the time specified in the licence or within the extended time; 
(b) that the licence was obtained by fraud or misrepresentation as to any 
essential fact; or 
( c) that the licensee has contravened any of the terms and conditions of 
the licence. 
15. Maintenance of records. 
The Tribunal shall maintain records of the licences issued in a Register. 
PART VI 
ROYALTIES 
16. Determination of royalties. 
In determining the rate of royalties payable to the owner, the Tribunal shall 
take into consideration the following: 
(a) the proposed retail price of a copy of the translation of the work; 
(b) prevailing standards of royalties with re gard to translation of works; 
(c) the duration of the licence; and 
(d) such other matters as may be considered relevant by the Tribunal. 
17. Overdue payments. 
Any overdue payment in respect of royalties may be recovered as a debt due 
to the owner. 
SCHEDULE 
PART I 
(Regulation 4( 1») 
(Application Form for A Licence To Produce and Publish in The 
National Language A Translation of A Literary Work) 
The Chairman, 
Copyright Tribunal, 
Secretariat of the Copyright Tribunal, 
Ministry Of Trade And Industry 
*IfWe ............................................................................................................. . 
*Delete whichever is not applicable. IP/N/l/MYS/C/l 
Page 74 
of. ................................................................................................................... . 
hereby apply to the Copyright Tribunal for a licence to produce and publish a 
translation in the national language of the literary work specified in the 
Appendix hereto. 
2. *IIWe hereby undertake to abide strictly by the terms and conditions of the 
licence, if granted. 
Dated this ......................... day of. ................................... 19 ........... . 
(Signature) 
Name ................................................... . 
PARTICULARS OF APPLICATION 
1. Name and address of the applicant.. .................................................... .. 
2. Nationality of the applicant.. .................................................................. .. 
3. Qualification of the applicant to produce and publish the translation 
4. Period to be licensed ..................................... to ..................................... .. 
5. Number of copies proposed to be published ............................................ . 
6. Estimated cost of production and publication ........................................ .. 
7. Proposed retail price per copy ................................................................. . 
8. Rate of royalty which the applicant considers reasonable to be paid to 
theowner. ...................................................................................................... .. 
9. Means of the applicant for payment of royalty ....................................... . 
10. Name, address and nationality of the person competent to translate the 
work ............................................................................................................... . 
11. (a) Has the work been translated and published in the national 
*Delete whichever is not applicable. fPiNIl/MYS/CIl 
Page 75 
language within one year after its first publication? 
(b) If so, is it out of print? ..................................................................... . 
12. Has the applicant been denied authorization by the owner? 
13. Steps taken by the applicant to obtain authorization? (Enclose certified 
true copies of correspondence, if any) ........................................................... . 
14. Has the author of the work withdrawn from circulation copies of the 
work? ............................................................................................................ . 
15. Has the author of the work published an earlier translation in the national 
language? ................. " ................................................................................... . 
16. What is the purpose of the translation? ........... , ...................................... . 
STATUTORY DECLARATION 
*IlWe ............................................................................................................... . 
do solemnly and sincerely declare that the contents of this notice are true, 
and *11W e make this solemn declaration conscientiously believing the 
same to be true, and by virtue of the provisions of the Statutory Declarations 
Act 1960. 
Subscribed and solemnly declared by 
the above named .................................... .. 
at. ............................................................ . 
in the State of.. ........................................ . 
this ............... day of ....... " ............. 19 ....... . 
Before me, 
(Signature of Commissioner for Oaths) 
*Delete whichever is not applicable. tP/N/1/MYSfC/l 
Page 76 
APPENDIX 
Title of work .................................................................................................. . 
Description of ·work ....................................................................................... . 
Full name and address of author/authors ..................................................... .. 
Whether author/authors alive (if not, date of death) ....................................... . 
Country and date of first publication of work ................................................ . 
Date of first publication in Malaysia .............................................................. . 
Nationality of author/authors ......................................................................... . 
Name and address of ownerlowners .............................................................. .. 
PARTII 
(Regulation 5 (3)) 
(Notice to The Owner) 
To ..................................................................... . 
Take notice that an application, a copy of which is enclosed herewith, for a 
licence to translate in the national language the work specified therein has been 
received by the Copyright Tribunal of Malaysia and that such licence shaH be 
granted if all the requirements of section 31 of the Copyright Act 1987 have 
been satisfied and there is no objection received from you or any other 
interested party within a period of three months from the date of this notice. 
Dated this .......................... day of. ..................................... 19 .......... .. 
(Signature) 
(The Chairman, Copyright Tribunal Malaysia) PART HI 
(Regulation 5 (3» 
(Notice To The Owner) fPINII1MYS/CI 1 
Page 77 
Take notice that an application for a licence to produce and publish in the 
national language the work specified herein has been received by the Copy­
right Tribunal of Malaysia and that such licence shall be granted if all the 
requirements of section 31 of the Copyright Act 1987 have been satisfied and 
there is no objection received from the owner or any other interested party 
within a period of three months from the date of this notice. 
2. Objection to the approval for such licence may be made in writing to the 
Secretariat to the Tribunal. 
Title of Work ........................................................ . 
Description of Work ............................................. . 
Name of Author. ................................................... . 
Dated this .......................... day of ...................................... 19 .......... .. 
(Signature) 
(The Chairman, Copyright Tribunal Malaysia) 
PART IV 
(Regulation 11) 
COPYRIGHT ACT 1987 
Name ................................................................ . 
Address ............................................................ . Licence No ................ .. 
is hereby licensed by the Copyright Tribunal to produce and publish 
the translation in the national language of the literary work written in 
namely, ......................................................................................................... . IPfNIlIMYS/C/l 
Page 78 
2. This licence is valid with effect from .................................................... .. 
until.. .......................................................................... (both dates inclusive). 
3. The licensee shall pay to the owner of the copyright in the work royalty 
at a rate of. ............................................................ for every copy sold to the 
public. 
(Signature) 
(The Chairman, Copyright Tribunal Malaysia) 
Dated this ...................... day of ...................................... 19 .............. . 
Made the 5th November 1987. 
DATIN PADUKA RAF£DAH BTE ABDUL AZIZ. 
Minister of Trade and Industry IP/NllIMYS/C/l 
Page 79 
COPYRIGHT (NOTICE OF PROHIBITION OF IMPORT) 
REGULATIONS 1987 
ARRANGEMENT OF REGULATIONS 
Regulation 
1. Citation and commencement. 
2. Interpretation. 
3. Notice. 
4. Further notice. 
5. Service of notice. 
6. Fee on the service of notice. 
7. Change of ownership. 
8. Security or further security. 
9. Owner of copyright to furnish evidence, etc. 
10. Owner of copyright to keep the Controller indemnified against all 
actions, proceedings, claims and demands. 
SCHEDULE. fPIN11/MYS/CIl 
Page 80 
COPYRIGHT (NOTICE OF PROHIBITION OF IlVIPORT) 
REGULATIONS 1987* 
IN exercise of the powers conferred by subsection (4) of section 39 of the 
Copyright Act 1987, the Minister makes the following regulations: 
1. Citation and commencement. 
These Regulations may be cited as the Copyright (Notice of Prohibition 
ofImport) Regulations 1987 and shall come into force on the 2nd December 
1987. 
2. Interpretation. 
In these Regulations, unless the context otherwise requires-
"import" means to bring or cause to be brought into Malaysia by whatever 
means; 
"notice" means notice under subsection (1) of section 39 of the Act. 
3. Notice. 
(1) The notice shall be in the form set out in Part I of the Schedule and shaH 
be deemed to have been served on the Minister if the owner of the copyright 
in the work has served such notice on the Controller in the manner prescribed 
under these Regulations. 
(2) A separate notice shaH be given in respect of each work. 
4. Further notice. 
(1) The owner of the copyright in the work may give another notice in the 
form set out in Part II of the Schedule where he knows or has reason to believe 
that the prohibited copies are about to be imported into Malaysia. 
(2) Such notice shall be deemed to have been served on the Minister if the 
owner of the copyright in the work has served such notice on the Controller in 
the manner prescribed under these Regulations. 
(3) A separate notice shall be given in respect of each importation, whether 
of one or more works. 
5. Service of notice. 
(1) Every notice shall be duly completed in quadruplicate and shall be 
served by delivering it in person or by sending it by registered post to the 
Controller. 
(2) Every notice shall be accompanied by satisfactory proof of ownership 
of the copyright to the work. 
6. Fee on the service of notice, 
A fee of one hundred ringgit in respect of each notice shall be paid to the 
Controller at the time the notice is given. 
*Published as P.u. (A) 38011987. 7. Change of ownership. IPINI1IMYS/C/l 
Page 81 
(1) The owner of the copyright in any work who has given a notice shaH 
notify the Controller in writing of any change in the ownership of the work or 
of any other change affecting the notice within twenty eight days of such 
change. 
(2) The notice shall be deemed to be withdrawn as from the expiry of twenty 
eight days from such change. 
8. Security or further security. 
(l) The owner of the copyright in any work, who has given a notice shall 
give to the Controller such security or further security, whether by bond, 
deposit of a sum of money or otherwise, as the Controller may require, against 
all actions, proceedings, claims and demands whatsoever which may be taken 
or made against the Controller and shall pay to the Controller all costs and 
expenses which may be incurred by the Controller in consequence of the 
detention of, or anything done in relation to, any copy of a work to which the 
notice relates. 
(2) The security or further security shaH be given at such time and in such 
manner as the Controller may require. If such security or further security is not 
given within the time or in the manner required by the Controller, the notice 
shall be deemed to have been withdrawn as from the expiry of the time the 
security or further security is required to be given. 
9. Owner of copyright to furnish evidence, etc. 
The owner of the copyright in any work, or his agent, who has given a notice 
shall, either at the time of giving the notice or at the time of giving further 
notice, or at both such times, furnish to the Controller such evidence and 
information within such time and in such form as the Controller may require, 
and shall produce within such time as the Controller may specify such books 
or other documents as the Controller may require. If such evidence and 
information are not furnished and if such books or other documents are not 
produced as required by the Controller, the notice shall be deemed to have been 
withdrawn as from such time as the Controller shall specify. 
10. Owner of copyright to keep the Controller indemnifed against aU 
actions, proceedings, claims and demands. 
Where-
(a) the notice is withdrawn or deemed to have been withdrawn; or 
(b) security has not been required by the Controller, 
the owner of the copyright in any work shall keep the Controller indemnified 
against all actions, proceedings, claims and demands whatsoever which may 
be taken or made against the Controller and shall repay to the Controller all 
costs and expenses which may be incurred by the Controller in consequence 
of the detention of, or anything done in relation to, any copy of a work to which 
the notice relates. Any such costs and expenses may be recovered as a debt due 
to the Government. lP/N/1/MYS/C/J 
Page 82 
SCHEDULE 
PART I 
(Regulation 3(1) 
COPYRIGHT ACT 1987 
(Notice Relating to Copyright In .................................... ) 
To The Controller of Copyright Malaysia, 
*IfWe ....................................................... ...................................................... . 
of. .................................................................................................................. . 
hereby give notice that copyright in the original work specified in the 
Appendix hereto subsists in Malaysia under the Copyright Act 1987 and that 
*1 amfW e are the *owner/owners of the copyright in the said work and *IfW e 
request that copies of the said work made outside Malaysia shall be treated as 
prohibited goods and shall not be imported into Malaysia for a period 
of ................................................................................................................... . 
Dated this ................ day of ................................... 19 ........ . 
(Signature) 
Name ................................................... . 
STATUTORY DECLARATION 
*IfWe ............................................................................................................... . 
do solemnly and sincerely declare that the contents of this notice are true, 
and *I1We make this solemn declaration conscientiously believing the 
same to be true, and by virtue of the provisions of the Statutory Declarations 
Act 1960. 
Subscribed and solemnly declared by 
the above named ................................... .. 
at. .......................................................... .. 
in the State of ........................................ .. 
this ............... day of. ................... 19 ...... .. 
Before me, 
(Signature of Commissioner for Oaths) 
*Delete whichever is not applicable. APPENDIX I PINIl IMYS/CI 1 
Page 83 
Title of work .................................................................................................. . 
Description of work ....................................................................................... . 
Full name of author/authors ........................................................................... . 
• .. • • • • • • • • • • 0 • 0 ................................................. " .................................. , .................. ~ ................... ~ 
Whether author/authors alive (if not, date of death) ...................................... .. 
Country and date of first publication of work ............................................... .. 
Date of first publication in Malaysia ............................................................. .. 
Nationality of author/authors ......................................................................... . 
PARTII 
(Regulation 4 (1)) 
COPYRIGHT ACT 1987 
(Notice Relating to a Particular Importation) 
To The Controller of Copyright Malaysia, 
*I/We ............................................................................................................. . 
of ................................................................................................................... . 
hereby give notice that copyright in the original work specified in the 
Appendix hereto subsists in Malaysia under the Copyright Act 1987 and that 
*1 amlW e are the * owner/owners of the copyright in the said work and that the 
foHowing copies of the said work made outside Malaysia, that is to 
say, ................................................................................................................. . 
are about to be imported into the *port/airport oL ....................................... .. 
on or about. .................................................. day of ............................... .from 
..................................................... and request that the said copies be treated as 
prohibited goods and dealt with accordingly. 
Dated this .......................... day of ...................................... 19 .......... .. 
(Signature) 
Nume .................................................. oo .......... . 
*Delete whichever is /lot applicable. IPlNllIMYS/CIl 
Page 84 
STATUTORY DECLARATION 
*I/We ............................................................................................................... . 
do solemnly and sincerely declare that the contents of this notice are true, 
and *I/We make this solemn declaration conscientiously believing the 
same to be true, and by virtue of the provisions of the Statutory Declarations 
Act 1960. 
Subscribed and solemnly declared by 
the above named .................................... . 
at. ........................................................... , 
in the State of ......................................... . 
this ............... day of.. .................. 19 ....... . 
Before me, 
(Signature of Commissioner for Oaths) 
APPENDIX 
Title of work .................................................................................................. . 
Description of work ....................................................................................... . 
Fun name of author/authors .......................................................................... . 
Whether author/authors alive (if not, date of death) ...................................... .. 
Country and date of first pUblication of work. ............................................... . 
Date of first publication in Malaysia .............................................................. . 
Nationality of author/authors ......................................................................... . 
Made the 5th November 1987. 
*Delete whichever is not applicable. DATIN PADUKA RAFlDAH BTE ABDUL AZIZ, 
Minister of Trade and Industry IPfNIlIMYS/CIl 
Page 85 
COPYRIGHT (GOVERNMENT ORGANIZATIONS 
AND INTERNATIONAL BODIES) ORDER 1987* 
IN exercise of the powers conferred by subsection (1) of section 11 of the 
Copyright Act 1987, the Minister makes the following order: 
1. Citation and commencement. 
This Order may be cited as the Copyright (Government Organizations 
and International Bodies) Order 1987 and shall come into force on 2nd 
December 1987. 
2. Government organizations and international bodies for the purposes 
of the Act. 
The Government organizations and international bodies specified in the 
Schedule are declared to be Government organizations and international 
bodies for the purpose of subsection (1) of section 11 of the Act 
SCHEDULE 
United Nations and its specialised agencies. 
Association Of South-East Asian Nations (ASEAN). 
Asian Development Bank (ADB). 
Organization Of The Islamic Conference (OIC). 
Islamic Educational, Scientific And Cultural Organization (ISESCO). 
Asian And Pacific Development Centre (APDC). 
Economic And Social Commission For Asia And The Pacific (ESCAP). 
Southeast Asian Ministers of Education Organisation (SEAMEO). 
The Commonwealth. 
The Colombo Plan. 
US-Asean Centre For Technology Exchange (USACTE). 
Australian Centre For International Agriculture Research (ACIAR). 
Asia Foundation. 
Japan Atomic Energy Research Institute. 
The Southeast Asia Central Banks Research and Training Centre. 
Association of Tin Producing Countries (ATPC). 
Made the 5th November 1987. 
D,A.TIN PADUKA RAFIDAH BTE ABDuL AZIZ, 
Minister of Trade and Industry 
*Published as P. U. (A) 381/1987. IP/NI1IMYS/C/] 
Page 86 
COPYRIGHT (PUBLIC LIBRARIES AND 
EDUCATIONAL, SCIENTIFIC OR PROFESSIONAL 
INSTITUTIONS) ORDER 1987* 
IN exercise of the powers conferred by subsection (2) (i) of section 13 of the 
Copyright Act 1987, the Minister makes the following order: 
1. Citation and commencement. 
This Order may be cited as the Copyright (Public Libraries and Edu­
cational, Scientific or Professional Institutions) Order 1987 and shall come 
into force on 2nd December ] 987. 
2. Public libraries and educational, scientific or professional institu­
tions for the purposes of the Act. 
The public libraries and educational, scientific or professional institutions 
specified in the Schedule are declared to be public libraries and educational, 
scientific or professional institutions for the purposes of subsection (2) (i) of 
section 13 of the Act. 
SCHEDULE 
Alliance Francaise Library including the branches thereof. 
British Council Library including the branches thereof. 
Goethe Institute Library. 
Japan Information Service Library. 
Lincoln Resource Centre Library. 
New Zealand High Commission Library. 
Soviet Cultural Centre Library. 
Libyan Arab Cultural Centre Library. 
India High Commission Library. 
Braille MAB Library (Braille Publishing and Library Unit). 
Malaysian Agricultural Research and Development Institute (MARDI) 
Library. 
Telecom Training Centre Library. 
National Productivity Centre Library. 
Muslim Pilgrim Saving and Management Authority Library. 
The South East Asia Central Banks (SEACEN) Library. 
Public Libraries administered by Local Authorities. 
University Malaya including University Hospital. 
Universiti Kebangsaan Malaysia. 
Universiti Sains Malaysia. 
Universiti Teknologi Malaysia. 
Universiti Pertanian Malaysia. 
*Published as P.U. (A) 38211987 and amende'd by P.u. (A) 295194,154196. fP.U. (A) 
295/94J Universiti Utara Malaysia. 
International Islamic University of Malaysia. 
Mara Institute of Technology. IP/NIl/MYS/CI1 
Page 87 
Polytechnics, Vocational, Trade or Commercial Schools or Tilstitutions 
established or funded either wholly or substantially by the Go'.'crnment or 
Statutory Bodies. 
Teachers Training Colleges or Institutions. 
Agriculture Colleges or Institutes established or funded either wholly or 
substantially by the Government or Statutory Bodies. 
Schools established or funded either wholly or substantially by the 
Government or Statutory Bodies. 
Private Schools, Colleges or Training Institutions which complies with 
the curriculum set out by the Ministry of Education. 
Standard and Industrial Research Institute of Malaysia (SIRIM). 
Rubber Research Institute of Malaysia (RRI). 
Veterinary Research Institute. 
Malaysian Agricultural Research and Development Institute (MARDI). 
Forest Research Institute of Malaysia (FRIM). 
Palm Oil Research Institute of Malaysia (PORIM). 
Tin Research and Industrial Development Board. 
National Development and Family Board. 
National Productivity Centre. 
World Wide Fund for Nature Malaysia Resource Centre (WWF Malaysia 
Resource Centre). 
Bank Negara Malaysia. IPlNl1lMYS/C/j 
Page 88 
COPYRIGHT (APPLICATION TO OTHER COUNTRIES) 
REGULATIONS 1990 
ARRANGEMENT OF REGULATIONS 
Regulation 
1. Citation, commencement and application. 
2. Interpretation. 
3. Literary, musical, artistic works, films. 
4. Sound recordings, broadcasts, published editions. 
5. Duration of copyright. 
SCHEDULE 1. 
SCHEDULE 2. 
SCHEDULE 3. IP/N/l/MYS/CI1 
Page 89 
COPYRIGHT (APPLICATION TO OTHER COUNTRIES) 
REGULATIONS 1990* 
IN exercise of the powers conferred by section 59A of the Copyright Act 
1987, the Minister makes the following regulations: 
1. Citation, commencement and application. 
(1) These Regulations may be cited as the Copyright (Application to Other 
Countries) Regulations 1990 and shall come into force on the 1st October 
1990. 
(2) These Regulations shall, unless otherwise provided, apply in relation to 
works made before the commencement of these Regulations as they apply in 
relation to works made thereafter. 
2. Interpretation. 
In these Regulations, unless the context otherwise requires-
"at the material time" means-
(a) in relation to, or in relation to the application of the Act in respect 
of, an unpublished work, at the time when the work was made; and 
(b) in relation to, or in relation to the application of the Act in respect 
of, a published work, at the time when the work was first pub­
lished; 
"Berne Convention" means the Berne Convention for the Protection of 
Literary and Artistic Works 1886 and shaH include all acts, protocols and 
revisions thereto; 
"country of origin" means-
(a) in the case of a published work, if the country of first publication is 
one of the specified countries, that country; 
(b) in the case of a work first published in one of the specified countries 
and a country which is not a member of the Berne Convention, the 
former country; 
(c) in the case of a work which is first published in several of the 
specified countries, the country whose laws give the shortest term 
of protection in such a work; 
(d) in the case of a work which is unpublished or which is first published 
only in a country which is not a member of the Berne Convention, 
any of the specified countries of which the author is a citizen or 
resident at the material time; and 
"specified countries" means the countries which are members of the Berne 
Convention. 
*Published as P.U. (A) 314190 and corrected by P.U. (A) 340/90, and P.U. (A) 18/93 and 
amended by P. U. (A) 243/94. IP/N/1/MYS/CIl 
Page 90 
3. Literary, musical, artistic works, films. 
Subject to these Regulations, the provisions of the Act shall apply in 
relation to-
(a) literary, musical or artistic works, or films first published in the 
respective specified countries as they apply in relation to literary, 
musical or artistic works, or films first published in Malaysia; 
(b) works of architecture erected in the respecti ve specified countries or 
any other artistic works incorporated in buildings located in the 
respective specified countries as they apply in relation to works of 
architecture erected in Malaysia or any other artistic works incorpo­
rated in buildings located in Malaysia; 
(c) every work, other than sound recordings, broadcasts and published 
editions of literary, musical or artistic works, eligible for copyright 
if the work is made in the respective specified countries as they 
apply in relation to every work eligible for copyright if the work is 
made in Malaysia; 
(c[) derivative works, other than derivative works of sound recordings, 
broadcasts and published editions of literary, musical or artistic 
works, in the respective specified countries as they apply in relation 
to derivative works in Malaysia; 
(e) persons who, at the material time, are citizens of, or residents in, the 
respective specified countries as they apply in relation to persons 
who, at such a time, are citizens of, or permanent residents in, 
Malaysia; and 
(f) bodies corporate incorporated under the laws of the respective 
specified countries as they apply in relation to bodies corporate 
established in Malaysia and constituted or vested with legal person­
ality under the laws of Malaysia. 
4. Sound recordings, broadcasts, published editions. 
(1) Subject to these Regulations, the provisions of the Act shaH apply in 
relation to-
Ca) sound recordings made or first published in a country specified in 
Schedule 1 as they apply in relation to sound recordings made or 
first published in Malaysia; 
(b) broadcasts transmitted from a country specified in Schedule 2 as 
they apply in relation to broadcasts transmitted from Malaysia; 
(c) published editions of literary, musical or artistic works first pub­
lished in a country specified in Schedule 3 as they apply in relation 
to published editions of literary, musical or artistic works first 
published in Malaysia; 
(c[) derivative works of such sound recordings, broadcasts or published 
editions in a country specified in Schedule 1,2 or 3, as the case may 
be, as they apply in relation to derivative works of sound recordings, 
broadcasts or published editions in Malaysia; 
(e) persons who, at the material time, are citizens of, or residents in, a 
country specified in Schedule L 2 or 3. as the case may be, as they 
apply in relation to persons who, at such a time, are citizens of, or 
permanent residents in, Malaysia; and IPIN/1/MYS/CIl 
Page 91 
(j) bodies corporate incorporated under the laws of a country specified 
in Schedule 1, 2 or 3, as the case may be, as they apply in relation 
to bodies corporate established in Malaysia and constituted or 
vested with legal personality under the laws of Malaysia. 
5. Duration of copyright. 
0) Subject to subregulation (2), copyright subsisting in a work by reason 
only of the commencement of these Regulations ceases to subsist upon the 
expiration of the duration of the protection in the nature of copyright that 
subsists in relation to such a work under the laws ofthe country of origin of the 
work or the respective country specified in Schedule 1,2 or 3, as the case may 
be. 
(2) In any case where copyright in a work subsists by reason only of the 
commencement of these Regulations, the duration of the protection in the 
nature of copyright referred to in subregulation (1) shall not exceed the 
duration of the protection in the nature of copyright as provided under the Act 
in respect of such a work. 
SCHEDULE 1 
(Regulation 4 (1) (a)) 
COUNTRIES ENJOYfNG PROTECTION FOR 
SOUND RECORDINGS 
1. United States of America (including Puerto Rico, Guam and the Virgin 
Islands of the United States of America). 
2. United Kingdom. 
SCHEDULE 2 
(Regulation 4 (1) (b)) 
COUNTRIES ENJOYING PROTECTION FOR BROADCASTS 
1. United Kingdom. 
SCHEDULE 3 
(Regulation 4 (1) (c) 
COUNTRIES ENJOYING PROTECTION FOR 
PUBLISHED EDITIONS 
1. United Kingdom. 
Made the 21st September 1990. 
DATO' SERl RAFIDAH AZIZ, 
Minister of Trade and Industry fP.V. (AJ 
243/94]. IP/N/lIMYS/C/ I 
Page 92 
COPYRIGHT (LICENSING) REGULATIONS 2000 
ARRANGEMENT OF REGULA nONS 
Regulation PART I 
PRELIMINARY 
1. Citation and commencement. 
2. Interpretation. 
3. Prescribed fees. 
4. Forms. 
5. Time and place of proceedings. 
PARTII 
REFERENCES AND APPLICA nONS WITH RESPECT 
TO LICENSING SCHEMES 
6. Commencement of proceedings. 
7. Proceedings under section 27B oftte Act. 
8. Reference or application under section 27D or 27F of the Act. 
9. Answer by Respondent. 
10. Amendment of statement of case or answer. 
11. Chairman's directions. 
12. Application for directions. 
13. Consolidation of proceedings. 
14. Procedure and evidence at hearing. 
15. Representation and right of audience. 
16. Withdrawal of reference or application. 
17. Final decision of the Tribunal. 
18. Publication of decision. 
19. Effective date. PARTIII IPINIl/MYS/CIl 
Page 93 
REFERENCES AND APPLICATIONS WITH RESPECT TO 
LICENSING BY LICENSING BODIES 
Regulation 
20. Commencement of proceedings. 
21. Proceedings under section 27r of the Act. 
22. Application under section 27K of the Act. 
23. Answer by Respondent. 
24. Regulations 10 to 16 to apply with necessary modifications. 
25. Final decision of Tribunal. 
PART IV 
REFERENCE TO THE COURT FROM DECISION OF TRIBUNAL 
26. Notice of reference to Court. 
27. Application for suspension of order. 
28. Effect of order. 
29. Costs. PART V 
MISCELLANEOUS AND GENERAL 
30. Service of documents. 
31. Date of service. 
32. Time. 
33. Failure to comply with directions. 
34. Procedure where no provision is made. 
SCHEDULE. 
First Schedule. 
Table of Fees. 
Second Schedule. 
Forms. [PIN/] IMYS/C/l 
Page 94 
COPYRIGHT (LICENSING) REGULATIONS 2000* 
IN exercise of the powers conferred by sections 35 and 59 of the Copyright Act 
1987 [Act 332], the Minister makes the following regulations: 
PART I 
PRELIMIN A R Y 
1. Citation and commencement. 
(1) These regulations may be cited as the Copyright (Licen.sing) 
Regulation.s 2000. 
I' 
(2) These Regulations shall come into operation on 1 July 2000. 
2. Interpretation. 
In these Regulations, unless the context otherwise requires-
"Act" means the Copyright Act 1987; 
"Court" means the High Court; 
"Applicant" means the person or organization or operator of a licensing 
scheme as identified under Part IV A of the Act who is authorized to make and 
has made a reference or application to the Tribunal under the respective provisions 
of the Act; 
"Respondent" means any person who has been named by the Applicant as 
the other party to the proceedings; 
"Chairman" means the Chairman of the Tribunal or the Deputy Chairman 
or any other member of the Tribunal who is the chairman presiding in any 
proceedings before the Tribunal; 
"proceedings" means proceedings relating to a reference or an application 
before the Tribunal; 
"Secretary" means the Secretary to the Tribunal; 
"Tribunal" means the Copyright Tribuna1. 
3. Prescribed fees. 
The fees to be paid under these Regulations shall be as prescribed in the 
First Schedule. 
*Published as PU(A) 23512000 4. Forms:. IPINII/MYS/C/l 
Page 95 
The forms referred to in these Regulations are those contained in the 
Second Schedule. 
5. Time and place of proceedings:. 
The Tribunal shall hold its proceedings at such time and place as the 
Chairman may direct. 
PART II 
REFERENCES AND APPLICATIONS WITH RESPECT TO LICENSING SCHEMES 
6. Commencement of proceedings. 
(1) Every reference or an application to the Tribunal with respect to a 
licensing scheme shaH be commenced by the service on the Secretary by the 
party making the reference or application (Hthe Applicant") of a notice-
(a) in Form 1 in the case of a reference under section 27B or 27c or the 
Act; or 
(b) in Form 2 in the case of an application under section 27E of the Act. 
(2) The Applicant shall submit together with Form 1 or Form 2, whichever 
is applicable, a statement of the Applicant's case. 
(3) Form 1 or Form 2 shaH be submitted in two copies to the Secretary 
together with the prescribed fees. 
(4) The Secretary shaH within fourteen days after being served with Form 
1 or Form 2 together with the statement of the Applicant's case and the prescribed 
fees, serve a copy of Form 1 or Form 2, whichever is applicable, and the 
statement of the Applicant's case to the other party named in the Form ("the 
Respondent"). 
7. Proceedings under sedion 27» of the Ad. 
. (1) In the case of a reference under section 27B of the Act, the Tribunal shall 
within fourteen days after being served with Form 1 together with the statement 
ofthe Applicant's case and the prescribed fees. decide whether to entertain the 
reference and may for that purpose, at its discretion, allow representations in 
writing to be made by the parties and if, after considering the reference and 
representations (if any), the Tribunal-
(a) decides to entertain the reference, regulations 9 to 16 shall apply, and 
in making such decision, the Tribunal may also make any order as 
to costs as it thinks fit; or 
(b) declines to entertain the reference, it shall direct that no further 
proceedings shaH be taken by any party in connection with the reference, 
otherwise than in relation to any order for costs which the Tribunal 
may make under regulation 29. IP/N/I/MYSiCll 
Page 96 
(2) The decision of the Tribunal shaH be in writing and shaH include a 
statement of its reasons, and the Secretary shall, within fourteen days of the 
decision of the Tribunal, serve a copy thereof on the parties. 
8. Reference or application under section 27D or 27F of the Act. 
(1) A reference or an application under subsection 27D(l) or 27F(1) of the 
Act not requiring special leave of the Tribunal under subsection 27D(2) or 
27F(2) of the Act shaH be commenced by the service on the Secretary by the 
party making the reference or the application ("the Applicant") of a notice-
(a) in Form 1 in the case of a reference under section 27D of the Act; 
or 
(b) in Form 2 in the case of an application under section 27F of the Act. 
(2) After complying with subregulation (1), subregulations 6(2) to (4) shall 
apply. 
(3) A reference or an application under subsection 27D(1) or 27F(1) of the 
Act requiring special leave of the Tribunal under subsection 27D(2) or 27F(2) 
of the Act shall be made by service on the Secretary by the party making the 
application ("the Applicant") of a notice in Form 3 and after this subregulation 
has been complied with, subregulations (4) to (7) shall apply. 
(4) Form 3 shall be served on the Secretary in two copies with a statement 
of the grounds for the application for special leave and the prescribed fees. 
(5) Within fourteen days after the service of Form 3 on the Secretary together 
with the statement of the grounds for the application for special leave and the 
prescribed fees, the Secretary shaH serve on the party to the previous reference 
or application ("the Respondent") a copy of Form 3 and the statement of the 
grounds for the application for special leave. 
(6) Within fourteen days of the service upon the Respondent of Form 3 
together with the grounds for the application for special leave, the Respondent 
may make representations in writing to the Tribunal regarding the application 
for special leave, and the Respondent shall serve a copy of any such representations 
on the Applicant and inform the Secretary of the date of such service. 
(7) The Tribunal, after considering the application for special leave and the 
representations made by the Respondent, if any, and if the Tribunal considers 
it necessary, after having given the parties an opportunity to be heard, shaH 
grant or dismiss the application for special leave with such order as to costs 
as the Tribunal thinks fit. 
(8) The decision of Tribunal shall be in writing and shaH include a 
statement of its reasons, and the Secretary shaH, within fourteen days of the 
decision of the Tribunal serve a copy of the decision on the parties. IP/NllIMYS/C/l 
Page 97 
(9) If the Tribunal grants the appiic2tion for special leave, the Applicant 
shall commence the making of the reference or application by serving on the 
Secretary a notice-
(a) in Form 1 in the case of a reference under subsection 27D(1) of the 
Act; and 
(b) in Form 2 in the case of an application under subsection 27F(1) ofthe 
Act, 
and after complying with this subregulation, subregulations 6(2) to (4) shall 
apply. 
9. Answer by Respondent. 
. (1) After the service on the Respondent of-
(a) Form 1 or Form 2 together with the statement of the Applicant's case 
under regulation 6 or 8; or 
(b) the desicion of the Tribunal under subregulation 7(2) to entertain the 
reference under paragraph 7(l)(a), 
the Respondent shaH, within such time as is determined by the Chairman, serve 
on the Secretary two copies of the written answer to the statement of the 
Applicant's case. 
(2) The Secretary shall serve a copy of the answer of the Respondent on the 
Applicant within fourteen days of the service of the answer of the Respondent 
on the Secretary. 
10. Amendment of statement of case or answer. 
0) Subject to subregulation (3), a party may at any time amend his statement 
of case or answer by serving on the Secretary the amended statement or answer. 
(2) On being served with an amended statement of case or answer, the 
Secretary shall, within fourteen days of the service, serve a copy thereof on the 
other party. 
(3) No amended statement of case or answer shall, without the leave of the 
Chairman, be served after such other date as the Chairman may direct under 
paragraph 11 (3)( c). 
11. Chairman's directions. 
(1) Upon the expiration of fourteen days ofthe service under subregulation 
9(2), the Chairman shall appoint a date, time and place for the attendance of 
the parties for the purpose of the giving of directions by the Chairman as to 
the further conduct of the proceedings. 
(2) The Secretary shall give notice of the appointed date, time and place to 
the parties not less than fourteen days before such appointed date. IP/N11 IMYS/CI1 
Page 98 
(3) On the appointed day, the Chairman shaH afford every party attending 
the appointment an opportunity of being heard and, after considering any 
representations made orally or in writing, give such directions as the Chairman 
thinks fit with a view to the just, expeditious and economical disposal of the 
proceedings and, without prejudice to the generality of the foregoing, may give 
directions as to-
(a) the date, time and place of any oral hearing requested by any party 
or which the Chairman for any reason considers necessary, and the 
procedure (including the number of representative each party may 
appoint for the purpose of such hearing) and the timetable (including 
the allocation of time for the making of representations by each party) 
to be followed at the hearing; 
(b) the procedure to be followed with regard to the submission and exchange 
of written arguments; 
( c) the date after which no amended statement of the Applicant's case or 
answer may be served without leave; 
(d) the preparation and service by each party of a schedule setting out 
the issues to be determined by the Tribunal and brief particulars of 
the contentions of each party in relation thereto; 
(e) the admission of any facts or documents and the discovery and inspection 
of documents. 
(f) the giving of evidence on affidavit; or 
(g) any preliminary issues to be decided. 
(4) The Chairman may postpone or adjourn to a later date to be appointed 
by the Chairman for the giving of any directions under this regulation and, 
within fourteen days after directions have been given under this regulation the 
Chairman may, whether or not any application on that behalf has been made 
under regulation 12, give such further directions as the Chairman thinks fit. 
(5) If any party fails to comply with any directions given or order made 
under this regulation, the Chairman may, without prejudice to the making of 
any order under regulation 33, give such consequential directions as may be 
necessary and may order such a party to pay any costs occasioned by its default. 
12. Application for directions • 
. 0) A party may, at any stage of the proceedings, apply to the Tribunal for 
directions with respect to any issue or other matter in the proceedings and every 
such application for directions shall be disposed of by the Tribunal. 
(2) The application for directions shall be made by the service of a notice 
on the Secretary stating the grounds upon which it is made and unless the notice 
is accompanied by the written consent of the other party to the proceedings, 
the party making the application for directions shall serve a copy of the application 
for directions on the other party to the proceedings and inform the Secretary 
of the date of such service. IP/N/lIMYS/CI I 
Page 99 
(3) any party objects to the application for directions, that party may, 
within fourteen days after being served with the copy thereof, serve a notice 
of objection stating the grounds of objection on the Secretary and that party 
making the objection shall serve a copy of the same on the party making the 
application for directions and inform the Secretary of the date of such service. 
(4) After considering the application for directions and any objection thereto 
and, if the Tribunal considers necessary, after having given all parties concerned 
an opportunity of being heard, the Tribunal may make such order in the matter 
as it thinks fit and give such consequential directions as may be necessary. 
(5) If any party fails to comply with any directions given or order made 
under this regulation, the Tribunal may, without prejudice to the making of an 
order under regulation 33, give such consequential directions as may be necessary 
and may order such a party to pay any costs occasioned by its default. 
13. Consolidation of proceedings. 
Where there is pending before the Tribunal more than one reference under 
section 27B, 27c or 27D of the Act, or more than one application under section 
27E or 27F of the Act relating to the same licensing scheme, the Tribunal may 
if it thinks fit, either on its own motion or on an application made under 
regulation 12, order that some or all of the references or applications, as the 
case may be, be considered together, and may give such consequential directions 
as may be necessary. 
14. Procedure and evidence at hearing. 
(1) Every party to a reference or application which is considered at an oral 
hearing before the Tribunal shall be entitled to attend the hearing, to address 
the Tribunal, to give evidence and eaU witnesses. 
(2) Except where the Tribunal otherwise orders in the case of an application 
for directions under regulation 12, the hearing shall be in public. 
(3) Evidence before the Tribunal shall be given oraHy or, if the parties so 
agree or if the Tribunal so orders, by affidavit, but the Tribunal may at any stage 
of the proceedings require the personal attendance of any deponent for examination 
and cross-examination. 
(4) This regulation shall not apply to regulation 11. 
15. Representation and right of audien.ce. 
(1) A party may at any stage of the proceedings appoint some other person 
to act as agent for him in the proceedings. 
(2) An agent under subregulation (1) may be either an advocate and solicitor 
or any other person allowed by the Tribunal. 
(3) The appointment of an agent shall be made in writing and shall not be 
effective until notice has been served on the Secretary, and a copy of the same 
has been served on the party and the Secretary being informed of the date of 
such service. I PlN/ J IMYS/C/l 
Page 100 
(4) Only one agent shaH be appointed to act for a party at anyone time. 
(5) For the purpose of service on a party of any document, or the taking of 
any steps required by these Regulations, an agent appointed by a party shall 
continue to have authority to act for such a party until the Secretary and every 
other party in the proceedings have been serve with the notice of termination 
of the agent's appointment. 
16. Withd:rawal of:refe:rence o:r application. 
(1) An Applicant may withdraw his reference or application made under 
regulation 6, 7 or 8 at any time before it has been finally disposed of by serving 
a notice on the Secretary, but such withdrawal shall be without prejudice to the 
Tribunal's power to make an order as to the payment of costs incurred up to 
the time of service of the notice of withdrawaL 
(2) The Applicant shall serve a copy of the notice of withdrawal on the other 
party to the proceedings and inform the Secretary of the date of such service. 
(3) Any party to the proceedings upon whom a copy of the notice of withdrawal 
is served under this regulation may, within fourteen days of such service, apply 
to the Tribunal for an order that, notwithstanding such withdrawal, such reference 
or application should proceed to be determined by the Tribunal, and if the 
Tribunal decides, at its discretion, to proceed with such reference or application, 
it may for that purpose substitute such party as the Applicant to the proceedings, 
and give such consequential directions as may be necessary. 
17. Final decision of the T:rib1.mal. 
(1) The final decision of the Tribunal on a reference or an application made 
under this Part shall be given in writing and shall include a statement of the 
Tribunal's reasons. 
(2) Where the final decision of the Tribunal relates to a reference or application 
under section 27D or 27F of the Act and the final decision of the Tribunal has 
varied the licensing scheme, there shall be annexed to the final decision a copy 
of the scheme as so varied, and the Secretary shall within three days of the final 
decision of the Tribunal serve on the parties to the proceedings a copy of the 
final decision of the Tribunal. 
18. Publication of decision. 
The Secretary shall cause a copy of the final decision of the Tribunal to 
be made available at the office for public inspection during office hours and 
if the Chairman so directs, shall cause to be advertised, in such manner as the 
Chairman thinks fit, brief particulars of the final decision. 
19. Effective date. 
Except where the operation of the order is suspended under regulation 26 
or 27, the order of the Tribunal shaH take effect from such date and shall remain 
in force for such period specified in the order. PART III 
REFERENCES AND APPLICATIONS WITH RESPECT TO LICENSiNG BY 
LICENSING BODIES 
20. Commencement of proceedings. lP/Nil 
(1) Every reference or application to the Tribunal with respect (0 licensing 
shall be commenced by the service on the Secretary by the party making the 
application ("the Applicant") of a notice in Form 4 in the case of a reference 
under section 271 or 27J of the Act. 
(2) The Applicant shaH ·submit together with Form 4 a .statement of the 
Applicant's case. 
(3) Form 4 shall be submitted in two copies with the Secretary together with 
the prescribed fees. 
(4) The Secretary shaH within fourteen days after being served with Form 
4 together with the statement of the Applicant's case and the prescribed fees, 
serve a copy of Form 4 and the statement of the Applicant's case to the other 
party named in the Form ("the Respondent"). 
21. Proceedings under section 271 of!he Act. 
(1) In the case of a reference under section 27r of the Act the Tribunal 
shall, within fourteen days after being served with Form 4 together with the 
statement of the Applicant's case and the prescribed fees, decide whether to 
entertain the reference and may for that purpose, at its discretion, allow 
representations in writing to be made by the parties and if, after considering 
the reference and representations (if any) the Tribunal-
(a) decides to entertain the reference, regulations 9 to 16 shall apply with 
the necessary modifications and in making such decision, the Tribunal 
may also make any order as to costs as it thinks fit; or 
Cb) declines to entertain the reference, it shall direct that no further 
proceedings shall be taken by any party in connection with the reference, 
otherwise than in relation to any order for costs which the Tribunal 
make under regulation 29. 
(2) The decision of the Tribunal shall be in writing and shall include a 
statement of its reasons, and the Secretary shall, within fourteen days of the 
decision of the Tribunal, serve a copy thereof on the parties. 
22. Application under section 27K ofthe Ad. 
(1) An application under subsection 27K(1) of the Act not requiring special 
leave of the Tribunal under subsection 27K(2) of the Act shall be commenced 
by the service on the Secretary by the party making the application a notice 
in Form 5. 
(2) After complying with subregulation (1), subregulations 20(2) to (4) shall 
apply with the necessary modifications. Page 10! fP/N/l/MYS/C/l 
Page J02 
(3) An application under subsection 27K(l) of the Act requiring special 
leave of the Tribunal under subsection 27K(2) of the Act shaH be made by 
service on the Secretary by the party making the application ('the Applicant") 
of a notice in Form 3 and after this subregulation has been complied with 
subregulations (4) to (7) shall apply. 
(4) Form 3 shall be served on the Secretary in two copies with a statement 
of the grounds for the application for special leave and the prescribed fees. 
(5) Within fourteen days after the service of Form 3 on the Secretary together 
with the statement of the grounds for the application for special leave and the 
prescribed fees, the Secretary shall serve on the party to the previous r<::ference 
("the Respondent") a copy of Form 3 and the statement of the grounds for the 
application for special leave. 
(6) Within fourteen days of the service upon the Respondent of Form 3 
together with the grounds for the application for special leave, the Respondent 
may make representations in writing to the Tribunal regarding the application 
for special leave, and the Respondent shall serve a copy of any such representations 
on the Applicant and inform the Secretary of the date of such service. 
(7) The Tribunal, after considering the application for special leave and the 
representations, if any, and if the Tribunal considers it necessary, after having 
given the parties an opportunity of being heard, shall grant or dismiss the 
appHcation for special leave with such order as to costs as the Tribunal thinks 
fit. 
(8) The decision of the Tribunal shall be in writing and shall include a 
statement of its reasons, and the Secretary shall, within fourteen days of the 
decision of the Tribunal serve a copy of the decision on the parties. 
(9) If the Tribunal grants the application for special leave, the Applicant 
shaH commence the making of the application under subsection 27KO) of the 
Act by serving on the Secretary a notice in Form 5, and after complying with 
this subregulation, subregulations 6(2) to (4) shall apply with the necessary 
modifications. 
23. Answer by Respondent. 
(1) After the service on the Respondent of-
(a) Form 4 together with the statement of the Applicant's case under 
regulation 20; or 
(b) the decision of the Tribunal under subregulation 21 (2) to entertain the 
reference under paragraph 21(1)( a), 
the Respondent shall within such time as is determined by the Chairman, serve 
on the Secretary two copies of the written answer to the statement of the 
Applicant's case. IP/Nl1lMYS/C/l 
Page 103 
(2) The Secretary shall serve a copy of the answer of the Respondent on the 
Applicant within fourteen days of the service of the answer of the Respondent 
on the Secretary. 
24. Regulations 10 to 16 to apply with necessary modifications. 
After regulation 23 has been complied with, regulations 10 to 16 shall 
apply with the necessary modifications. 
25. Final decision of Tribunal. 
(1) The final decision of the Tribunal on a reference or an application 
under this Part shall be given in writing and shaH include a statement of the 
Tribunal's reasons and there shall be annexed to the decision a copy of the order 
and, where the Tribunal has varied a previous order, a copy of that order as 
varied. 
(2) The Secretary shall, within three days of the final decision of the Tribunal 
serve on the parties a copy of the final decision of the Tribunal. 
(3) Regulations 18 and 19 shaH apply to this Part. 
PART IV 
REFERENCE TO THE COURT FROM DECISION OF TRIBUNAL 
26. Notice of reference to Court. 
(1) The party making the reference to the Court on a question of law shaH 
within fourteen days of the final decision of the Tribunal serve on the Secretary 
a notice in Form 6, together with the prescribed fees, and shaH also serve a copy 
thereof on every party to the proceedings. 
(2) On receipt of the reference by the Secretary, the Tribunal may on its own 
motion suspend the operation of any order contained in its decision and shall, 
if an order is so suspended, within fourteen days from its decision to suspend 
the order, cause notice of the same to be served on every person affected by 
the suspension. 
27. Application for suspension. of order. 
(1) A party to the proceedings ("the Applicant") may, pending the 
determination of a reference under subregulation 26(1), apply to the Tribunal 
to suspend the operation of an order made by serving on the Secretary a notice 
in Form 7 with the prescribed fees. 
(2) The Applicant shall within fourteen days of the service of Form 7 on 
the Secretary, serve a copy of Form 7 together with a statement of the grounds 
for suspension on the other party to the proceesings ("the Respondent") and 
inform the Secretary of the date of such service. rPlN/J/MYS/C/I 
Page 104 
(3) Within fourteen days of the service of the notice under subregulation (2) 
together with the statement of the grounds for suspension, the Respondent shaH 
serve on the Secretary a statement setting out the grounds of objection to the 
Applicant's case, and shaH also serve a copy of the grounds of objection to the 
Applicant and inform the Secretary of the date of such service. 
(4) The Tribunal, after considering the application and any representation, 
may refuse or anow the application for suspension. 
(5) If the Tribunal, after consideration of the application and any representation, 
refuses the application to suspend the operation of its order, the Secretary shaH 
within fourteen days of the decision to refuse the application, serve on the 
parties to the proceedings a copy of the Tribunal's decision together with a 
statement of the Tribunal's reasons for refusal. 
(6) If the Tribunal allows the application, the Secretary shall serve a notice 
of the suspension on the parties, and if particulars of the order have been 
advertised, shall cause notice of the suspension to be advertised in the same 
manner, and regulation 18 shaH apply with regard to the publication of the 
decision. 
28. Effect of order. 
If the operation of any order is suspended under regulation 26 or 27, then 
while the order remains suspended, sections 27G and 27L of the Act shaH not 
have effect in relation to the order. 
PART V 
MISCELLANEOUS AND GENERAL 
29. Costs. 
(1) The Tribunal may, at its discretion, at any stage of the proceedings 
make any order it thinks fit in relation to the payment of costs by any party 
in respect of the whole or part of the proceedings. 
(2) Any party against whom an order for costs is made shaH, if the Tribunal 
so directs, pay to any other party a lump sum by way of costs, or such proportion 
of the costs as may be just. 
30. Service of documents. 
(1) Any notice or other document required by these Regulations to be 
served on any person may be sent to him by prepaid post at his last address 
for service, or, where no address for service has been given, at his registered 
office, principal place of business or last known aJdre!'>s, and every notice or 
other document required to be served on the Secr~tary may be sent by pre-paid 
post to the Secretary's office. IPINIl/MYS/C/1 
Page 105 
(2) Any notice or other document required to be served on a licensing body 
or organization which is not a body corporate may be sent to the secretary. 
manager or other similar officer of the body or organization. 
(3) The Tribunal or the Chairman may direct that service of any notice or 
other document be dispensed with or effected otherwise than in the manner 
provided by these Regulations. 
(4) Service of any notice or document on a party's agent shaH be deemed 
to be service on such party, and service on an agent acting for more than one 
party shaH be deemed to be service on every party for whom such an agent acts. 
31. Date of service. 
The date on which any document has been left or tendered or posted in 
accordance with regulation 30 shaH be the date of service of such document. 
32. Time. 
(1) Except in the case of the time limit imposed under subregulation 26(1), 
the time for doing any act may (whether it has already expired or not) be 
extended with the leave of the Chairman or the Tribunal. 
(2) Where the last day for the doing of any act faUs on a day on which the 
office is closed and by reason thereof the act cannot be done on that day, it 
may be done on the next day on which the office is open. 
33. Failure to comply with directions. 
If any party fails to comply with any directions given in accordance with 
these Regulations by the Tribunal or the Chairman, the Tribunal may, if it 
considers that the justice of the case so requires, order that such party be 
debarred from taking any further part in the proceedings without leave of the 
TribunaL 
34. Procedure where no provision is made. 
Subject to the provisions of the Act and these Regulations, the Tribunal 
shaH adopt such procedure as it thinks fit and proper. 
FIRST SCHEDULE 
FEES 
(Regulation 3) 
Proceedings 
I. Filing of notice of reference in respect of licensing 
scheme under section 27s, 27c or 27D of the Act 
2. Filing of notice of application in respect of licensing 
scheme under section 27E or 27F of the Act Forms Fees (RM) 
300 
2 300 IP/N/I/MYS/C/l 
Page 106 
Proceedings 
3. Filing of notice of application for special leave under 
subsection 27D(2), 27F(2) or 27K(2) of the Act 
4. Filing of notice of reference in respect of licence 
under section 271 or 27J of the Act 
5. Filing of notice of application for review under section 
27K of the Act 
6. Filing of reference 10 Court under section 30A of the 
Act 
7. Filing of notice of application to suspend order of 
Tribunal 
8. Filing of application for directions 
SECOND SCHEDULE 
(Regulation 4) 
FORMS 
COPYRIGHT ACT 1987 
COPYRIGHT (LICENSING) REGULATIONS 2000 
FORM 1 Forms 
3 
4 
5 
6 
7 
NOTICE OF REFERENCE UNDER SECTION 27B, 27c or 27D 
[Paragraphs 6(1)( a) and 8( 1)( a) and (9)( a)] 
To, 
The Chairman, 
Copyright Tribunal, 
i. TAKE NOTICE that 
'" Reference under section 278 Fees (RM) 
300 
300 
300 
300 
300 
50 
Whereas .............................................................................................................................................. .. 
[state name and address of organization J ("the Applicant"), being representative of persons claiming 
that they require licences [describe case(s) for which licence is required] to which the licensing 
scheme proposed (specified below) would apply; 
* Reference under section 27c 
Whereas ........................................................................................................................................... .. 
*[state name and address of person] ("the Applicant") claims that a licence [describe case for which 
licence is required} is required 
*[state name and address of organization] ("the Applicant"), being representative of persons 
claiming that they require licences [describe case(s) for which licence is required] to which the 
licensing scheme (specified below) applies; * Referrem:e amder section 21D I PINI] IMYS/CIl 
Page 107 
Whereas ......................................................................................................................................... . 
[*state name and address of operator of scheme] ("the Applicant"), is the operator of the scheme 
(specified below); 
*[state name and address of person} ("the Applicant") claims that a licence [describe case for which 
licence is required] is required to which the licensing scheme (specified below) applies; 
*(state name and address of organization) ("the Applicant"), being representative of persons 
claiming that they require licences [describe case(s) for which licence is required] to which the 
licensing scheme (specified below) applies; 
the Applicant hereby refers to the Tribunal the licensing scheme, particulars of which are-
[state name and address of operator of scheme and the scheme] 
*as confirmedlvaried by the Tribunal by an Order dated ............................................................ .. 
and bearing the reference number ................................................................................................. . 
2. The Applicant is an organization representing [here give particulars of the persons whom the 
Applicant claims to represent and the grounds on which it claims to represent them). 
3. There is delivered herewith a statement of the Applicant's case. 
4. All communications about this reference should be addressed to 
*[the Applicant at the address shown above] 
*[name and address of Applicant's agent]. 
5. The name and address of the Respondent is ......................................................................... . 
Date ............................... . 
(*Applicant/officer of Applicant/agent) 
*Delete whichever is inappropriate. IPlN/l/MYS/C/J 
Page 108 
COPYRIGHT ACT 1987 
COPYRIGHT (LICENSING) REGULATIONS 2000 
FORM 2 
NonCE OF APPLICA nON UNDER SECTION 27E or 27F 
[Paragraph 6(1)(b) and 8(l)(b) and (9)(b)J 
To, 
The Chairman. 
Copyright Tribunal, 
1. TAKE NOTICE that 
*[name and address of person] 
*[name and address of operator of licensing scheme] 
("the Applicant") hereby applies to the Tribunal in connection with the licensing scheme (specified 
below)-
'* Application under sectiou 21E 
*being in a case covered by the scheme, for the grant of licence in connection with the scheme 
which the operator of the scheme has *refused/failed to grant or procure the grantlhas refused/failed 
to grant or procure the grant within a reasonable timelhas proposed terms for a licence which are 
unreasonable. 
*being a case excluded from the scheme, the operator of the scheme has *refused to grant or procure 
the grant of a licencelhas failed to do so within a reasonable timelhas proposed terms for a licence 
which are unreasonable. 
>I< Application for review under section 27r 
*for review of its Order dated ................................ and bearing the reference number ................... . 
2. The particulars of the licensing scheme are [name and address of operator of scheme and the 
case covered or excluded by the scheme}. 
3. Description of the case for which a licence is required ......................................................... . 
4. There is delivered herewith a statement of the Applicant's case. 
5. All communications about this reference should be addressed to 
*[the Applicant at the address shown above] 
*[name and address of Applicant's agent}. 
6. The name and address of the Respondent is .......................................................................... . 
Date .................................. . 
(*-Applicant/officer of Applicant/agent) 
"'Delete whichever is inappropriate. COPYRIGHT ACT 1987 
COPYRIGHT (LICENSING) REGULATIONS 2000 
FORM 3 I P/NI 1 IMYS/CI 1 
Page 109 
APPUCA TION FOR SPECIAL LEAVE UNDER SECTlONS 27D, 27F and 27K 
[Subregulations 8(3) and 22(3)] 
To, 
The Chairman, 
Copyright Tribunal, 
L TAKE NOTICE that [name and address of person, organization or operator of licensing 
scheme] ("the Applicant") hereby applies for the special leave of the Tribunal-
*Application under subsection 27D(2) 
*to refer again to the Tribunal the licensing scheme which was 
*confirmed/varied by the Tribunal by an Order 
* Application under subsection 27F(2) 
to review its Order as to entitlement to licence 
*Application under subsection 271((2) 
to review its order as to licence 
dated ............................ and bearing reference number .................................................................... .. 
2. There is delivered herewith a statement of the grounds for the application. 
3. All communications about this application should be addressed to 
*[the Applicant at the address shown above] 
*[name and address of Applicant's agent]. 
4. The name and address of the Respondent is .......................................................................... . 
Date .................................. . 
(*Applicantlofficer of Applicant/agent) 
"'Delete whichever is inappropriate. JP/N/!/MYS/C/l 
Page 110 
COPYRIGHT ACT 1987 
COPYRIGHT (LICENSING) REGULATIONS 2000 
FORM 4 
NOTICE OF REFERENCE UNDER SECTION 271 or 271 
[Subregulation 20( I)] 
To, 
The Chairman, 
Copyright Tribunal, 
L TAKE NOTICE that [name and address of prospective licensee or licensee] ("the Applicant") 
*Reference under section 271 
*being the prospective licensee under the terms of a licence to be granted by [name and address 
of licensing body] 
*Reference under section 27; 
*being a licensee under a licence granted by [name and address of licensing body], which licence 
is due to expire *by effluxion of time/as '4result of a notice given by the licensing body on hereby-
*refer to the Tribunal the terms on which the licensing body proposes to grant the licence 
*apply to the Tribunal on the ground that it is unreasonable that the licence should cease to be 
in force. 
2. There is delivered herewith a statement of the Applicant's case. 
3. AI! communications about this reference should be addressed to 
*[the Applicant at the address shown above] 
*[name and address of Applicant's agent}. 
4. The name and address of the Respondent is ............................. . 
Date ......................................... . 
(*Applicant/officer of Applicant/agent) 
"'Delete whichever is inappropriate. COPYRIGHT ACT 1987 
COPYRIGHT (LICENSING) REGULATIONS 2000 
FORMS 
NOTICE OF APPLICATION FOR REVIEW UNDER SECTION 27K 
(Subregulation 22( I) J 
To, 
The Chairman, 
Copyright Tribunal, IP/N/l/MYS/Cfl 
Page 111 
1. TAKE NOTICE that [name and address of licensing body or person seeking review] ("the 
Applicant") hereby applies to the· Tribunal for a review of its Order dated ............................ and 
bearing the reference number. .................... .relating to the licence granted *tolby [name and address 
of licensee or licensing body]. 
2. There is delivered herewith a statement of the Applicant's case. 
3. All communications about this reference should be addressed to 
*[the Applicant at the address shown above] 
*[name and address of Applicant's agent]. 
4. The name and address of the Respondent is .......................................................................... .. 
Date ............................... . 
(*Applicant/oJficer of Applicant/agent) 
"Delete whichever is inappropriate. 
COPYRIGHT ACT 1987 
COPYRIGHT (LICENSING) REGULATIONS 2000 
FORM 6 
NOTICE OF REFERENCE TO COURT ON QUESTION OF LAW UNDER SECTION 30.\ 
[Regulation 26] 
To, 
The Chairman, 
Copyright Tribunal, 
1. TAKE NOTICE that [name and address of appellant] ("the Applicant"), being a party to the 
proceedings on the *reference/application intends to refer to the High Court against the decision 
of the Tribunal dated ............................. and bearing the reference number ..................... on the 
following question of law: rp/N/] IMYS/CIl 
Page 112 
[state question(s) of law] 
2. A copy of this Notice *has been/will be served on [date of service} on every person or 
organization who was a party to the proceedings, namely (specify names and addresses of parties). 
3. An communications about this reference should be addressed to 
*[the Applicant at the address shown above] 
*[name and address of Applicant's agent}. 
Date .............................. . 
(* Applicant/officer of Applicant/agent) 
*Delete whichever is inappropriate. 
COPYRIGHT ACT 1987 
COPYRIGHT (LICENSING) REGULATIONS 2000 
FORM' 
NOTICE OF APPLICATION TO SUSPEND ORDER OF TRIBUNAL 
[Regulation 271 
To, 
The Chairman, 
Copyright Tribunal, 
L TAKE NOTICE that [name and address of applicant} ("the Applicant"). being a party to the 
proceedings on the *referencefapplication/appeal [specify the proceedings] hereby applies to the 
Tribunal for the suspension of the operation of the Order of the Tribunal dated ..................... and 
bearing the reference number ,. ..................... .. 
2. There is delivered herewith a statement setting out the grounds for suspension-
[state grounds for suspension] 
3. A copy of this Notice, together with the statement of the grounds for suspension, *has been! 
win be served on [date of service] on every person or organization who was a party to the 
proceedings, namely [specify names and addresses of parties]. 
'" 4. An commlJlnications about this application should be addressed to *[the Applicant at the address shown above] 
*[name and address of Applicant's agent]. 
Date ............................ . 
*Delete whichever is inappropriate. 
Made 27 June 2000. IP/N/I/MYS/CI1 
Page 113 
(*Applicant/"jjicer of Applicant/agent) IP/N11 IMYS/C/l 
Page 114 
LAWS OF MALAYSI 
Act AI082 
COPYRIGHT (AMENDMENT) ACT 2000 
Date of Royal Assent. 
Date of publication in the 
Gazette 30 May 2000 
15 June 2000 LA WS OF MALAYSIA 
Act AI082 
COPYRIGHT (AMENDMENT) ACT 2000 
An Act to amend the Copyright Act 1987. 
[ 
ENACTED by the Parliament of Malaysia as follows: 
Short title and commencement IP/N/1/MYS/CIl 
Page 115 
] 
1. (1) This Act may be cited as the Copyright (Amendment) Act 
2000. 
(2) This Act shall come into operation on a date to be appointed 
by the Minister by notification in the Gazette. 
Amendment of section 3 
2. The Copyright Act 1987 [Act 332], which in this Act is referred 
to as the "principal Act", is amended in section 3-
(a) in the definition of "artistic work"-
(i) by substituting for the semicolon at the end of 
paragraph (c) a comma; and 
(ii) by inserting below paragraph (c) the following words: 
"but does not include a layout-design within 
Act 601. the meaning of the Layout-Designs of 
Integrated Circuits Act 2000;"; 
(b) in the definition of "communication to the public" by 
inserting after the word "work" wherever it appears the 
words "or live performance"; 
(c) by substituting for the definition "infringing copy" the 
following definition: 
, "infringing copy"-IP/N/I/MYS/C/l 
Page 116 
(a) in relation to copyright, means any reproduction 
of any work eligible for copyright under this 
Act the making of which constitutes an 
infringement of the copyright in the work or, 
in the case of any article imported into Malaysia 
without the consent of the owner of the 
copyright, the making of which was carried 
out without the consent of the owner of the 
copyright; 
(b) in relation to performers' right, means any 
reproduction of any recording of alive 
performance the making of which constitutes 
an infringement of the performers' right or, in 
the case of any recording imported into Malaysia 
without the consent of the performer, the making 
of which was carried out without the consent 
of the performer;'; 
(d) by inserting after the definition of "literary work" the 
following definition: 
, "live performance"-
( a) includes-
(i) a performance of a dramatic work, or part 
of such a work, including such a 
performance given with the use of puppets, 
or the performance of an improvised 
dramatic work; 
(ii) a performance of a musical work or part 
of such a work, or the performance of an 
improvised musical work; . 
(iii) the reading, recitation or delivery of a 
literary work, or part of such a work, or 
the reading, recitation or delivery of an 
improvised literary work; 
(iv) a performance of a dance; 
(v) a performance of a circus act or a variety 
act or any similar presentation or show; 
or 
(vi) a performance in relation to expressions 
of folklore, 
which is given live by one or more persons in 
Malaysia, whether in the presence of an audience 
or otherwise; but (b) does not inc1ude-fPINllIMYS/C/I 
Page 117 
(i) any reading, recital or delivery of any 
item of news or information; 
(ii) any live performance of a sporting activity; 
or 
(Hi) a participation in a live performance by a 
member of an audience;'; 
(e) by inserting after the definition of "musical work" the 
following definitions: 
, "performer" means a person who per~orms a live 
performance under this Act; 
"performers' right" means the performers' right under 
this Act;'; 
(/) by inserting after the definition of "rebroadcast" the 
following definition: 
, "recording" means a sound recording or film, other 
than a recording made under subsection (3) of section 
16A;'; and 
(g) in the definition of "sound recording" by inserting after 
the word "sounds" the words "or of a representation of 
sounds" . 
Amend.ment of section 4 
3. Section 4 of the principal Act is amended-
(a) in paragraph (1)(b), by deleting the word "and" at the end 
of the paragraph; 
(b) in paragraph (1)(c), by substituting for the full stop the 
words "; and" and by inserting thereafter the following 
paragraph: 
"( d) a live performance shall be deemed to have been 
published only if a copy or copies of the fixed 
live performance have been made available with 
the consent of the performer in a manner sufficient 
to satisfy the reasonable requirements to the 
public."; IP/N/J IMYS/C/l 
Page 118 
(e) in subsection (3), by inserting after the word "work;' 
wherever it appears the words "or live performance"; and 
( d) in subsection (4)-
(i) by inserting after the word "work" the words "or 
live performance"; and 
(ii) by inserting after the words "separate work" the 
words "or live performance, as the case may be,". 
Amendment of section 8 
4. Paragraph 8(1 )( b) of the principal Act is amended by inserting 
after the word "works" the words "or collections of mere data, 
whether in machine readable or other form,". 
New section lOA 
5. The principal Act is amended by inserting after section 10 the 
following section: 
"Qualifica­
tion for 
protection 
of 
performer. lOA. Performers' right shall subsist in every live 
performances of which the performer is-
(a) a citizen or permanent resident of Malaysia; or 
(b) not a citizen or permanent resident of Malaysia 
but whose performance-
(i) takes place in Malaysia; 
(ii) is incorporated in sound recordings that are 
protected under this Act; or 
(ii) has not been fixed in a sound recording but 
is included in a broadcast qualifying for 
protection under this Act.". 
Amendment of section. 13 
6. Section 13 of the principal Act is amended-
(a) in subsection (1), by inserting after the word "form" .at 
the end of that subsection the words "provided that, without 
prejudice to paragraph (e), the exclusive right to control 
the distribution of copies refer only to the act of putting 
into circulation copies not previously put into circulation 
in Malaysia and not to any subsequent distribution of 
those copies or any subsequent importation of those copies 
into Malaysia"; and IPINIl/MYS/CIl 
Page 119 
(b) in subsection (2), in the national language text, by 
substituting for the word "pelajaran" wherev:er it appears 
the word "pendidikan". 
New sections 16A and 16B 
7. The principal Act is amended by inserting after section 16 the 
following sections: 
"Nature of 16A. (1) Performers' right shall be the exclusive right 
p,erformers' to control in Malaysia-
nght. 
(a) the communication to the public of a live 
performance, except where the live performance 
used in such communication is itself a live broadcast 
performance; 
(b) the fixation of an unfixed performance; 
( c) the reproduction of the fixation of alive performance if-
(i) the fixation itself was done without the 
performer's consent; 
(ii) the reproduction is made for purposes different 
from those for which the performer gave 
consent; or 
(Hi) the fixation was made in accordance with 
the provisions of subsection (3), and the 
reproduction is made for purposes different 
from those referred to in those provisions; 
(d) the first making available to the public of a fixation 
of a live performance, or copies thereof, through 
sale or other transfer of ownership; and 
(e) rental to the public of a fixation of a live 
performance, or copies thereof, irrespective of the 
ownership of the copy rented. 
(2) A performer shall cease to have the exclusive 
right under subsection (1) once he has given consent to 
the fixation of his live performance. 
(3) Notwithstanding subsection (1), the right to control 
under that subsection does not include the right to control-
( a) a direct or an indirect sound recording or an indirect 
film of alive performance-I PINII/MYS/CI I 
Page 120 
Ci) being a sound recording or film made solely 
for the purpose of the private and domestic 
use of the person who made it; or 
CH) being a sound recording or film made solely 
for the purpose of use in scientific research; 
(b) a direct or indirect sound recording or film of a 
live performance-
(i) made for the purpose of, or associated with, 
the reporting of news or current affairs; 
CH) made for the purpose of criticism or review; 
or 
(iii) made solely for the purpose of a judicial 
proceeding or the giving of professional 
advice by a legal practitioner; 
(c) an indirect sound recording or film of alive 
performance- . 
(i) being a sound recording or film made by. or 
on behalf of, the body administering an 
educational institution solely for the 
educational purposes of that institution or 
of another educational institution; or 
CH) being a sound recording or film made by, or 
on behalf of, the body administering an 
institution assisting persons with a print 
disability solely for the purpose of the 
provision, whether by the institution or 
otherwise, of assistance to persons with a 
visual, aural, intellectual and print disability; 
(d) a direct sound recording or film of alive 
performance made by a broadcaster who has the 
consent of the performer to broadcast the live 
performance, being a recording made solely for 
the purpose of making that broadcast provided 
that it is destroyed before the end of the period 
of twelve months beginning on the day on which 
any of those copies is first used for broadcasting 
the live performance; 
( e) a direct or an indirect sound recording or an indirect 
film of a live performance made by a person who 
reasonably believes, due to a fraudulent or innocent 
misrepresentation made to the person, that the 
perfonner has authorised the making of the recording 
by the person; Equitable 
remune­
ration. JPINII/MYS/C/I 
Page 121 
(f) a copy of a sound recording or film referred to in 
paragraphs ( a), (b), (c) and (d), being a copy made 
solely for a purpose referred to in any of those 
paragraphs; 
(g) a copy of a sound recording or film referred to in 
paragraph (e), being a copy made solely for the 
purpose referred to in that paragraph; and 
(h) a copy of a sound recording or film referred to in 
paragraph (f), being a copy made-
(i) by a person who believes, due to a fraudulent 
or innocent representation made to the person, 
that the performer has consented to the making 
of the copy; or 
(ii) solely for a purpose referred to in paragraphs 
( a), (b), (c) and ( d). 
(4) For the purpose of this section-
"direct" in relation to a sound recording or film of a 
live performance, means made directly from a live 
performance; 
"indirect" in relation to a sound recording or film of 
a live performance, means made from a broadcast or re­
broadcast of the live performance. 
16B. (1) Where a sound recording is published for 
commercial purposes or a reproduction of such recording 
is publicly performed or used directly for broadcast or 
other communication to the public, an equitable 
remuneration for the performance shall be payable to the 
performer by the user of the sound recording. 
(2) Remuneration shall not be considered inequitable 
merely because it was paid by way of a single payment 
or at the time of the transfer of the rental right. 
(3) Nothing in this section shall be construed so as to 
deprive a performer of the right to agree by contract on 
terms and conditions more favourable for him in respect 
of his live performance. fP/N/l/MYS/CIl 
Page 122 
(4) For the purpose of this section-
"published for commercial purpose" means the sound 
recording has been made available to the public by 
wire or wireless means in such a way that members of 
the public may access them from a place and at a time 
individually chosen by them; 
"rental right" means the right under subsection (l)(e) 
of section 16A.". 
Amendment of section 17 
8. Section 17 of the principal Act is amended­
(a) in subsection (1)-
(i) by inserting after the word "work" the words "which 
subsists in such work under this Act"; and 
Oi) by substituting for the words "and fifty years" the 
words "and shall continue to subsist until the expiry 
of a period of fifty years"; 
(b) in subsection (2), by substituting for the words "shall 
subsist until fifty years" the words "which subsists in 
such work under this Act shall continue to subsist until 
the expiry of a period of fifty years computed"; and 
(c) by substituting for subsection (3) the following subsection: 
"(3) Where a literary, musical or artistic work is 
published anonymously or under a pseUdonym, copyright 
which subsists in such work under this Act shall continue 
to subsist until the expiry of a period of fifty years 
computed from the beginning of the calendar year next 
following the year in which the work was first published 
or first made available to the public or made, whichever 
is the latest: 
Provided that in the event of the identity of the 
author becoming known, the duration of copyright shall 
he calculated in accordance with subsection (1).". 
Amendment of section 18 
9. Section 18 of the principal Act is amended by substituting for 
the words "in a published edition shall subsist until fifty years" 
the words "which subsists in a published edition under this Act" 
shall continue to subsist until the expiry of a period of fifty years 
computed" . Substitution of section 19 IP/NIlIMYS/C/l 
Page 123 
10. The principal Act is amended by substituting for section 19 
the following section: 
"Duration of 19. Copyright which subsists in a sound recording under 
~opyright this Act shall continue to subsist until the expiry of a 
~~c~~~~:g. period of fifty years computed from the beginning of the 
calendar year next following the year in which the recording 
was first published or, if the sound recording has not 
been published, from the beginning of the calendar year 
following the year of fixation.". 
Amendment of section 20 
11. Section 20 of the principal Act is amended by substituting for 
the words "in a broadcast shall subsist until fifty years" the words 
"which subsists in a broadcast under this Act shall continue to 
subsist until the expiry of a period of fifty years computed". 
Substitution of section 22 
12. The principal Act is amended by substituting for section 22 
the following section: 
"Duration of 22. Copyright which subsists in a film under this Act 
f~%r;ht shall continue to subsist until the .ex~iry of a period of 
fifty years computed from the begmmng of the calendar 
year next following the year in which the film was first 
published or first made available to the public or made, 
whichever is the latest.". 
Amendment of section 23 
13. Section 23 of the principal Act is amended-
( a) by inserting after the word "Copyright" the words "which 
subsists"; and 
(b) by substituting for the words "shaH subsist until fifty 
years" the words "under this Act shall continue to subsist 
until the expiry of a period of fifty years computed". 
New sections 23A aJl]d 23:8 
14. The principal Act is amended by inserting after section 23 the 
following sections: IP/Nl1/MYS/C/l 
Page 124 
"Duration 23A, Rights in a live performance which subsists under 
of rf ' this Act shall continue to subsist until the expiry of a 
~i~h~:.mers period of fifty years computed from the beginning of the 
calendar year next following the year in which the live 
performance was given, 
Duration of 23B, The right to equitable remuneration shall subsist 
an equita~le from the time the sound recording is published until the 
remuneratiOn. • f 'd f f'f d f h expIry 0 a peno 0 1 ty years compute rom t e 
beginning of the calendar year next following the year 
of publication or, if the sound recording has not been 
published, from the time of fixation of the sound recording 
until the expiry of a period of fifty years computed from 
the beginning of the calendar year next following the 
year of the fixation.". 
New section. 25A 
15. The principal Act is amended by inserting after section 25 the 
following section: 
"Moral 
right of a 
performer. 25A. (1) A performer shall, as regards his live 
performance or live performance fixed in phonogram, 
have the right-
(a) to claim to be identified as. the performer of his 
live performance, except where omission is dictated 
by the manner of the use of the live performance; 
and 
(b) to object to any distortion, mutilation or other 
modification of his live performance that would 
be prejudicial to his reputation. 
(2) The rights granted to a performer under subsection 
(1) shall, after his death, be maintained and shall be 
exercisable by the persons or institutions authorised by 
the performer. 
(3) For the purpose of this section, "phonogram" means 
the fixation of the sounds of a live performance or of 
other sounds or of a representation of the sounds, other 
than in the form of a fixation incorporated in a film or 
other audiovisual work.". 
Amendment 
16. Section 27 A of the principal Act is amended-IP 1Nl 1 IMYS/CI I 
Page 125 
(a) in subparagraph (a)(iii), by subsituting for the words 
"broadcasting or communicating the work by cable" the 
words "communicating the work to the public"; and 
(b) in subparagraph (b )(iii), by substituting for the words 
"broadcasting or communicating the work by cable" the 
words "communicating the work to the public". 
Amendment of section 27H 
17. Section 27H of the principal Act is amended-
(a) in subparagraph (a)(iii), by substituting for the words 
"broadcasting or communicating the work by cable" the 
words "communicating the work to the public"; and 
(b) in subparagraph (b )(iii), by substituting for the words 
"broadcasting or communicating the work by cable" the 
words "communicating the work to the public", 
Amendment of section 39 
18. Section 39 of the principal Act is amended-
(a) by substituting for subsection (1) the following subsection: 
"( 1) The owner of copyright in any work, or any 
person authorised by him, may make an application to 
the Controller to request that during a period specified 
in the application copies of the work to which this 
section applies be treated as infringing copies."; 
(b) by inserting after subsection (1) the following subsection: 
"(1 A) 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."; 
(c) by inserting after subsection (2) the following subsection: IPINllIMYS/C/l 
Page 126 
"(2A) Upon receipt of the application under 
subsection (1), the Controller shall determine the 
application and the Controller shall within a, reasonable 
period inform the applicant by a written notice whether 
the application has been approved and specify the period 
during which the copies will be treated as infringing 
copies."; 
(d) by substituting for subsection (3) the following subsection: 
"(3) Where the application is approved by the 
Controller in respect of a work and the application is 
not withdrawn, the importation of any infringing copi~s 
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."; 
(e) by deleting subsection (4); 
(f) by substituting for subsection (5) the following subsection: 
"(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 the detention at any 
time within the period specified in the Controller's 
notice of any infringing copies or in consequence 
of anything done in relation to a copy so detained; 
and. 
(b) whether or not a security is given, to keep the 
Controller indemnified against any liability or 
expenses referred to in paragraph (a)."; and 
(g) by inserting after subsection (8) the following subsection: 
"(9) The Minister may make such regulations as he 
thinks necessary or expedient for the purpose of this 
section." . 
New section 39A 
19. The principal Act is amended by inserting after section 39 the 
following section: IP/N/J/MYS/C/! 
"Application 39A. Sections 36, 37, 38 and 39 shall apply mutatis 
~~,s~~t,i~~ mutandis to performers' right.". 
and 39 to 
performers' 
right. 
Amendment of section 41 
20. Section 41 of the principal Act is amended­
( a) in subsection (1)-
(i) by inserting after the words "in a work" the words 
"or performers' right"; and 
(ii) by inserting after the words "that copyright" the 
words "or performers' right"; and 
(b) in subsection (2), by inserting after the word "work" the 
words "or recording". 
Amendment of section 42 
21. Section 42 of the principal Act is amended-
(a) by substituting for subsection (l) the fOllowing subsection: Page 127 
H( 1) An affidavit 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 
for copyright under this Act stating that-
(i) at the time specified therein copyright 
subsisted in such work; . 
(ii) he or the person named therein is the owner 
of the copyright; and 
(Hi) a copy of the work annexed thereto is the 
true copy thereof; or 
(b) the performer in a live performance eligible for 
performers' right under this Act stating that-
(i) at the time specified therein performers' 
right subsisted in such live 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 live performance, 
shall be admissible in evidence in any proceedings 
under this Act and shall be prima facie evidence 
of the facts contained therein."; fP/N/l/MYS/C/1 
Page 128 
( b) subsection (2), by substituting for the words "acts as 
. an agent" the words "is authorised to act on behalf of the 
owner of the copyright or performer"; and 
(e) by deleting subsection (3). 
"Amendment of section 59A 
22. Section 59A of the principal Act is amended-
( a) by inserting after the words "relating to copyright" wherever 
they appear the words "or performers' right"; 
(b) in subsection (1)-
(i) by deleting the word "and" at the end of paragraph 
(/); and 
(ii) by substituting for the full stop at the end of paragraph 
(g) the words "; and" and by inserting thereafter 
the following paragraph: 
"(h) apply in relation to a live performance 
taking place in that specified country as 
they apply in relation to a perfOlmance in 
Malaysia."; 
( e) in subsection (4), by inserting after the words "works 
made" wherever they appear the words "or live 
performances performed, as the case may be,"; 
(d) in subsection (5), by inserting after the word "copyrights" 
the words "or performers' rights"; 
(e) in subsection (6), by inserting after the words "owners 
of copyright" the words "or performers"; and 
(f) in subsection (7)-
(i) by inserting after the words "were made" the words 
", or performers' rights subsist in live performances 
performed"; and 
(H) by inserting after the words "those copyrights" the 
words "or performers' rights, as the case may be," 