Copyright Act 1987 (Reprint Of 2013)

Original Language Title: Copyright Act 1987 (Reprint 2013)

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Copyright 1 laws of MALAYSIA Act 332 REPRINTING the Copyright Act 1987 As at 1 January 2013 ISSUED by COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2013 2 laws of Malaysia Act 332 Copyright Act 1987 date of Assent............... April 30, 1987, the date of publication in the Gazette............ 21 May 1987 last amended through Act A1420 which commence on.................. 1 March 2012 REPRINT Previous Prints first ............ 2010 Copyright 3 laws of MALAYSIA Act 332 Copyright Act 1987 ARRANGEMENT of SECTIONS part i preliminary section 1. Short title, application and commencement 2. Extent of application 3. Interpretation 4. Publication 5. The controller, Deputy Controller and Assistant Controller part ii GENERAL PROVISIONS 6. There are no copyright except by virtue of this Act 7. Works eligible for copyright 8. Derivative 9. Copyright in works published 10. Eligibility for protection 10a. Eligibility for protection of the perpetrator 11. Copyright on Government works, the Organization of Government and international bodies 12. Administration of Government copyright 4 laws of Malaysia Act 332 part iii POWER and DURATION of COPYRIGHT section 13. The power of copyright on works of literature, music or art, film and sound recordings 13a. Design documents and models 13B. Effect of exploitation of design derived from 13c artwork. (Cut) 14. The power of copyright on works of architecture of 15. The power of the copyright on the release of 16. Publication of the work, which is set in 16a. Power performers 16B. Fair remuneration 17. The duration of copyright on works of literature, music or art 18. The duration of the copyright on the published edition 19. The duration of copyright on sound recordings 20. The duration of the copyright on the release of 21. (Cut) 22. The duration of the copyright on the film 23. The duration of the copyright on the work of the Government, the Organization of Government and international bodies 23a. The duration of the rights of the perpetrator 23B. Duration of fair remuneration for 24. (Cut) 25. The moral rights of 25a. Moral rights of performers part IV ASSIGNMENT of COPYRIGHT OWNERSHIP and 26. First ownership of copyright 26a. Notification of voluntary copyright 26B. Register of Copyright 26c. Amendment to Express Copyright 27. Assignment, licence and Copyright testamentary 5 Part IVa COPYRIGHT LICENSING Section 27a. 27aa Licensing body. Licensing scheme to which section 27B Sizzler anti-ship to 27g apply 27B Sizzler anti-ship. Reference of proposed licensing scheme to Tribunal 27 c. Reference of licensing scheme to Tribunal 27d. Reference of licensing scheme to Tribunal further 27e. Application for grant of licence in connection with licensing scheme 27f. Application for review of order as to entitlement to licence 27g. Effect of order of Tribunal as to licensing scheme 27h. Licence to which section applies 27i 27i to 27l. References to the Tribunal about the license terms proposed 27j. Reference to Tribunal about license expiration will be 27 k. Application for review of order about license 27l. effect of order of Tribunal as to license part V COPYRIGHT TRIBUNAL 28. Establishment and powers of the Copyright Tribunal 29. Appointment of Chairman and members of the Tribunal 30. Proceedings before the Tribunal 30a. Reference of question of law to the High Court 31. A licence to issue and publish the translation of 32. (Cut) 33. The Tribunal may request information 34. No action against Tribunal 35. Regulations on Tribunal 6 laws of Malaysia Act 332 part VI REMEDIES for INFRINGEMENT and OFFENCES Section 36. Violations of the 36a. Circumvention of technological protection measures 36B. Rights management information 37. The actions of the owner of copyright and reliefs 38. Proceedings in the case of copyright subject to exclusive licence 39. Restrictions on importation of infringing copy 39a. Application of section 36, 37, 38 and 39 for the rights of performers 40. Copy of support computer program 41. Offence 41a. Compounding of offence 42. Affidavit is admissible in evidence 43. The penalties Section VIa ANTIRAKAMAN CAMERAS 43a. Offences relating to antirakaman camera Part VIB LIMITATION LIABILITY of SERVICE PROVIDERS 43B. Interpretation 43c. Transmission, routing and connectivity of procurement 43d. 43e caching system. Storage and equipment location information 43f. Waiver service provider from liability for removal of a copy or other activities of the 43g network. Information about the service provider 43h. Notification by the owner of copyright and its impact 43i. Maker of fake notice commits an offence and is liable for Copyright damages 7 part VII ENFORCEMENT of Section 44. Entry with warrant or otherwise 45. Convene the admission, transfer and detention 45a. Access to computer data or digital 46. A list of items seized 47. Penyelakan goods 48. Obstruction of the search, etc.
49. A warrant is admissible even if flawed, etc.
50. The Authority investigate 50a. The power of arrest 50B. Power to intercept communications 51. Admissibility of statement 51a. Evidence of agent provocateur acceptable 52. Disclosure of information 52a. Whistleblowing 53. An initial prosecution 54. Foreclosure article 55. Inspection rate articles seized received 56. Protect whistleblowers from known 57. Cover for the Assistant Controller and police officer part VIII MISCELLANEOUS 58. (Cut) 59. Regulation 59a. Extension of application of Act 59B. Minister's power to exclude from the definition of "broadcast" 60. Saving of 61. Repeal of 8 laws of Malaysia Act 332 9 Copyright laws of MALAYSIA Act 332 Copyright Act 1987 an act to make better provision in the law relating to copyright and for other matters connected therewith.
[1 December 1987; P.u. (B) 586/1987] be it enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the Copyright Act 1987 and shall come into force on such date as the Minister may, by notification in the Gazette and different dates can be set for start the currency of different provisions in this Act.
(2) this Act applies throughout Malaysia.
Extent of application 2. (1) subject to this section and section 59a and regulations made under section 59a, this Act shall apply in relation to works made 10 laws of Malaysia Act 332 before the currency of this act as it applies in relation to works made after start the currency of this Act: provided that this section shall not be construed as restart any copyright expired before the currency of this Act.
(2) if only due to subsection (1) copyright in works made before commencement of this Act, no anything done before the currency of this Act shall be considered to have breached the copyright.
(3) for the purposes of this section, something his works lasted until a period of time shall not be deemed to have been made before the currency of this Act unless the making of the works executed prior to start the currency of this Act.
Interpretation 3. In this Act, unless the context otherwise requires — "licensing body" means an association or organization that is declared as a licensing body under section 27a;
"building" includes any fixed building, and part of the building or buildings remain;
"material", in relation to a work or a derivative work, including any form of storage (whether visible or not) from whom the work or derivative of it, or a significant portion of the work or derivative of it, can be reproduced;
Copyright 11 "film" means any designation of a series of picture views the materials of any description, whether transparent or not, so that light can be using it with or without any assistance of a design — (a) is shown as a moving picture; or (b) recorded in other materials, whether or not so light translucent by using material that it can be shown in such a way, and includes sound contained in any soundtrack associated with a film;
"photograph" means a recording of light or other radiation on any medium at which an image is produced or from whom an image may by any means produced, and that is not part of the film;
"copyright" means copyright under this Act;
"future copyright" means copyright which will or may arise with respect to any works or classes of works or other subject matter of the future, or when any provisions of this Act come into force, or in the event in the future;
"the perpetrator's rights" means the rights of performers under this Act;
"relevant day" means the Day Independence with respect to West Malaysia and Malaysia day in respect of Sabah, Sarawak and the Federal territory of Labuan;
"educational institutions" shall have the same meaning as assigned to it under the Education Act 1961;
"musical work" means any work of music, and includes works composed for the accompanying music;

"the joint invention works" means the works produced by the collaboration of two or more in which the creators contributions every an inventor shall not be separated from the contribution of the creator or the creator-the creator of other;
12 laws of Malaysia Act 332 "graphic works" includes — (a) any painting paint, drawing, diagram, map, chart or plan; and (b) any engraving field pahat, ecing, litograf, wood engraving field or similar work;
"literary works" includes — (a) novels, stories, books, pamphlets, manuscripts, works of poetic and other writing;
(b) acting, drama, stage direction, film script, scenario, release and choreography work pantomim;
(c) treaties, history, biographies, essays and articles;
(d) encyclopedias, dictionaries and other reference works;
(e) letters, reports and memoranda;
(f) lectures, speeches, sermons and other works of the same nature;
(g) the table or compilation, whether or not specified in words, figures or symbols and whether or not in the form of innocuous; and (h) a computer program, but does not include the text of the official government or statutory bodies, of a law or regulation, or judicial decision, or political speech and political debate, or speeches given in the course of legal proceedings, and official translations;
"artwork" means — (a) graphic works, photographs, art engraving field or collage, irrespective of artistic quality;
(b) works of architecture in the form of a building or a model for building; or (c) works of artistic craftsmanship, but does not include layout design within the meaning of Act layout design of integrated circuits, 2000 [Act 601];
Copyright 13 "works terb i tan" er t inya works referred to da lam paragraph 8 (1) (a) and (b);
"Government" means the Government of Malaysia or the Government of any State;
"technological protection measure" means any technology, device or component that, in the conduct normally, prevent or restrict substantially the doing of any act which resulted in a copyright infringement of a work;
"licence" means a licence granted with legal in writing, which allows execution of an act which is controlled by copyright;
"manuscript", in relation to a work, means the original document containing the work, whether written by hand or not;
"Minister" means the Minister for the time being charged with the responsibility for intellectual property;
"qualified person", — (a) in relation to an individual, means a person Malaysian, or a permanent resident in Malaysia; and (b) in relation to a body corporate, means a body corporate incorporated in Malaysia and incorporated or given legal personality under the laws of Malaysia;
"the perpetrator" means an actor, singer, musician, dancer or any other person to act, sing, deliver, recited, played, interpret, or otherwise make a presentation;
"creator" — (a) in relation to literary works, means the author or maker of the works;
(b) in relation to a musical work, means a composer;
14 laws of Malaysia Act 332 (c) in relation to artwork in addition to photography, means the artists;
(d) in relation to a photograph, means the person by whom the arrangements for taking photographs is made;
(e) in relation to a sound recording or film, means the person by whom the arrangements to make the film or the recording is made;
(f) in relation to release of radiated from within any country, means — (i) the person who transmitted the plan, if he or she is responsible for the selection of its contents; or (ii) any person holding the plans that make the necessary arrangements with the person memancarkannya to pemancarannya;
(g) relating to any other matters, means the person who made the work;
"designation" means the pergandungan sound, description or both in the form of sufficient material remains fixed to enable or sound, description or both, or perlambangannya be heard or viewed, reproduced or otherwise communicated during the period over period of time while using a tool;
"Controller" means the controller of Copyright specified in subsection 5 (1);
"reproduction" means the making of one or more copies of a work in any form or version, and in relation to an artwork including the making of copies of a two-dimensional works in three dimensions and the making of a copy of a three-dimensional work in two dimensions, and "reproduce" shall be construed accordingly;
"the presentation to the public" means transmission of a work or performances through wires or wireless to the public, including the making of a work or performances of copyright 15 is available to the public in a way that through it the public can gain access to the work or the performance from a place and at a time chosen by each of them;
"The Assistant Controller" means a person appointed or deemed to have been appointed to be the Assistant Controller under subsection 5 (2) or (3);
"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 in another language) in which the works become works of drama;
(b) in relation to a work of drama, a version of the work (whether in its original language or in another language) in which work is converted into literary works;
(c) in relation to a work of literature or drama work — (i) a translation of the work;
(ii) a version of the work in which the story or gerak geri conveyed wholly or mainly through pictures in a form suitable for reproduction in books, newspapers, magazines, periodicals or the like;
(d) in relation to a work of literature in the form of a computer program, a version of the work, in either language, code or notation in which the work was originally born a instead of a reproduction of the work;
(e) in relation to a work of music, an arrangement or transcription of the work;
(f) in relation to a work of literature or art, a version of the work (whether in its original language or in another language) in which the work turned into film;
16 laws of Malaysia Act 332 "Corporation" means the Malaysian intellectual property Corporation established under the laws of Malaysia Act 2002 [Act 617];
"broadcasting services" means any broadcast radio or television service operated under the direction and control of the General or under Government licence in any part of Malaysia;
"presentation" — (a) includes — (i) the presentation of works of drama, or part of the works, including a presentation of such made using puppet, or presentation of the work, the drama made spontaneously;
(ii) the presentation of works of music or part of the work, or the presentation of works of music made spontaneously;
(iii) reading, speaking or presentation of literary works, or part of the work, or reading, speaking or presentation of literary works are made spontaneously;
(iv) dance;
(v) performing circus cast or cast multiple modes or any viewing or shows of its kind; or (vi) performance in relation to the pengungkapan folklore, delivered directly by one or more in Malaysia, whether in front of an audience or otherwise; but (b) does not include — (i) any reading, speaking or presentation of any material news or information;
Copyright 17 (ii) any presentation of a sporting activity; or (iii) participation in a performance by the audience;
"premises" means any place, moving or otherwise, established or erected by any person, whether the place with or without an enclosure, and includes air transportation, ships, ships and any other vessels;
"computer program" means an expression, in any language, code or notation for a set of instructions (whether with or without related information) with the intent to cause a tool that has the ability of information processing to perform a particular function either directly or after one or both of the following: (a) conversion to language, code or other notation;
(b) reproduction in the form of other materials;
"recording" means a recording of the sound or movie, in addition to a recording made under subsection 16a (3);
"sound recording" means any designation of a series of sound or a representation of the sound which can be heard and can be reproduced in any way, but does not include a flow of sounds related to a film;
"copy" means a reproduction of a work in writing, in the form of recording or film, or in any other material form;
"infringing copy" — (a) in relation to copyright, means any reproduction of any works are eligible for copyright under this Act that there be an infringement of copyright on the work or, in the case of any article imported into Malaysia without the consent of the owner of the copyright, that manufacturing is carried out without the consent of the copyright owner;
18 laws of Malaysia Act 332

(b) in relation to the rights of the perpetrator, means any reproduction of any recording of a presentation, that there be an infringement of the rights of performers or, in the case of any recordings imported into Malaysia without the agreement of the culprit, which manufacturing is carried out without the consent of the perpetrator;
"the art of engraving field" includes a mold or model made for purposes of an art engraving field;
"broadcast" means the transmission, by means of a wire or wireless, will the image look, sound or other information that — (a) unacceptable to be valid by the public; or (b) transmitted for presentation to the public, and includes signal transmission way for encrypting encryption if available to the public by broadcasting services or with consent;
"the release" means release of simultaneous or later releases by one broadcasting services will release an other broadcasting services, whether located in or outside the State, and includes the release spread through wires, and "retransmission" shall be construed accordingly;
"licensing scheme" means a scheme (including anything of a such a scheme, whether described as a scheme or as a tariff or by any other name) stating — (a) the classes of case in which the operator of the scheme, or the person on his behalf that operator acts, is willing to give copyright licence; and (b) the terms with which the license will be given in the case;
"due date" has the same meaning as given to the expression in the intellectual property Corporation of Malaysia Act 2002;
"The Deputy Controller" means a person appointed or deemed to have been appointed to be the Deputy Controller under subsection 5 (2) or (3);
Copyright 19 "Tribunal" means the Copyright Tribunal established under section 28; and "citizen" includes a person who, if he is still alive today, as applicable, shall be eligible to become a citizen under the Federal Constitution.
publications 4. (1) subject to this section, for the purposes of this Act — (a) a work of literature, music or art or something editions of those works, shall be deemed to have been published only if one or several copies of the work have been prepared with the agreement of the person who created or any person lawfully claiming under the name of his creator in a manner sufficient to meet the reasonable needs of the public, whether by sale or otherwise;
(b) a film shall be deemed to have been published only if one or several copies of the film have been sold, rented out or offered or exposed for sale or hire with the agreement of the person who created or any person lawfully claiming under the name of his creator in a manner sufficient to meet the reasonable needs of the public;
(c) a sound recording shall be deemed to have been published only if one or several copies of sound recordings that have been prepared with the agreement of the person who created or any person lawfully claiming under the name of his creator in a manner sufficient to meet the reasonable needs of the public; and (d) a prescribed performance shall be deemed to have been issued only if a copy or copies of the specified presentation has been prepared with the agreement of the perpetrator in a manner sufficient to meet the reasonable needs of the public.
(2) for the purposes of this Act, shows a literary or music and an exhibition of artwork cannot be counted as a publication of those works.
20 laws of Malaysia Act 332 (3) for the purposes of this Act, a publication must be deemed to be Malaysia's first publication if — (a) the performance or work first published in Malaysia rather than elsewhere; or (b) the work or performances that initially published elsewhere but published in Malaysia within thirty days from the publication elsewhere.
(4) where initially only a part of a work or performances are published, then that part shall be for the purposes of this Act deemed to be a separate work or separate performances, as the case may be.
the controller, Deputy Controller and Assistant Controller 5. (1) the Director General of the Corporation shall be the controller of the copyright.
(2) the Minister may appoint, on such terms and conditions as the Minister may determine, of any public officer and a person in the employment of the Corporation, any number of * Deputy Copyright Controller, Assistant Controller of copyright and other officers necessary for the proper administration of this Act, and may revoke the appointment of any person appointed or deemed to have been appointed as such under subsection (3).
(3) the person who holds the position of Deputy Controller, Assistant Controller and other officers under this Act before the appointed date shall on the appointed date be deemed to have been appointed Deputy Controller, Assistant Controller and such other officer under subsection (2).
(4) subject to the direction and control of the General Controller and to any conditions or restrictions imposed by the controller and subject to section 41a, a Deputy Controller * POSTS — Deputy Copyright Controller, Assistant Controller of copyright and other officers appointed by the Corporation before the date of coming into operation of this Act shall be deemed to have been appointed under subsection 5 (2) of the Copyright Act 1987 [Act 332] — see subsection 38 (1) of the Copyright Act (Amendment) 2012 [Act A1420].
Copyright 21 or someone Assistant Controller may exercise any function of the controller under this Act, and nothing prescribed or authorized or required by this Act so done or under the Controller to do or signed by any Deputy or Assistant Controller and controller of the Act or a person's signature would be equal to Deputy Controller of legal effect seems to have been made or signed by the controller.
(5) the controller or the Deputy Controller can perform all the duties imposed and exercising all the powers granted to the Assistant Controller under this Act.
Part II GENERAL PROVISIONS No copyright except by virtue of this Act 6. Subject to this Act, no copyright can exist except by virtue of this Act.
Works eligible for copyright 7. (1) subject to this section, the following works are eligible for copyright: (a) literary works;
(b) musical works;
(c) works of art;
(d) film;
(e) sound recordings; and (f) broadcast.
(2) the work is protected regardless of the quality and purpose of the works produced.
(2a) copyright protection is not widely to any ideas, procedures, methods of operation or mathematical concepts as such.
22 laws of Malaysia Act 332 (3) a literary, musical or artistic works not eligible for copyright unless — (a) sufficient effort has been done to make the work original in nature; and (b) the works were written, recorded or otherwise are made in the form of the material.
(4) a work shall not be lost to the test get copyright simply because the making of the work, or the Commission of any act in relation to the work involving copyright infringement in any other work.
(5) Copyright cannot exist under this Act in any design registered under any written law relating to industrial design.
(6) (struck by A1420 Act).
(7) for the purposes of this section, "any written law relating to industrial designs" includes: (a) Design United Kingdom Act (Protection) 1949 [Act 214];
(b) the Ordinance Design United Kingdom (protection of) Sabah [Sabah Cap. 152]; and (c) Design Ordinance (United Kingdom) Sarawak [Sarawak Cap. 59].
Derivative 8. (1) the following derivative is protected as original works: (a) translations, adaptations, arrangements and other changes work eligible for copyright; and (b) collections of works are eligible for copyright, or data compilations is purely whether or not in the form of a machine-readable or other form, which is a result of intellectual creation by reason of the selection and arrangement of the content.
Copyright 23 (2) of the protection of works referred to in subsection (1) shall not prejudice any protection available to exist that use.
Copyright in works published 9. (1) Copyright exists, subject to the provisions of this Act, in every published edition of any one or more literary, arts or music in either case — (a) the first publication of the edition took place in Malaysia; or (b) the Publisher of the edition was a qualified person at the date of the first publication: provided that this subsection shall not apply to an edition that reproduce the order of typographical editions previous works or works the same.
(2) subject to the provisions of this Act, the Publisher of an edition shall be entitled to the copyright subsisting in the Edition by virtue of this section.
(3) subject to the provisions of this Act, the acts restricted by copyright subsisting by virtue of this section in an Edition is the Act of removing the order of typographical editions that.

(4) reproduction of a typographical arrangement of a published edition for any purpose including research, studies alone, criticism, reviews or reporting news or current events does not infringe the copyright subsisting by virtue of this section if the reproduction in accordance with proper arrangements: provided that if the reproduction was announced to the public it shall be accompanied by a certificate of title of the work and its creation unless the work is included in the side in a broadcast.
24 laws of Malaysia Act 332 (5) the Government, the national archives, or any of the State archives, national library, or any of the State Library, or any public libraries and educational institutions, scientific or professional as prescribed by the Minister by order, can reproduce a typographical arrangement of published editions without breaking the copyright subsisting by virtue of this section if the reproduction is in the public interest and in accordance with appropriate arrangements and the provisions of any regulations.
Eligibility for protection 10. (1) Copyright exists in every work which is eligible for copyright in which the inventor or in the case of works of creation with, any of the creator is a person qualified while the work is made.
(2) Copyright also exist in every work which is eligible for copyright and which — (a) as a work of literature, music or art or film or sound recording was first published in Malaysia;
(b) as an architectural masterpiece was erected in Malaysia or as any other artwork is loaded in a building located in Malaysia;
(c) as a broadcast was transmitted from Malaysia.
(3) Notwithstanding subsection (1) and (2), copyright exists, subject to this Act, in every work which is eligible for copyright if the work was made in Malaysia.
Eligibility for protection of the perpetrator 10A. The rights of performers shall exist in every presentation that the culprit is — (a) a citizen or permanent resident of Malaysia; 25 Copyright or (b) is not a citizen or permanent resident of Malaysia but his performance — (i) held in Malaysia;
(ii) were incorporated in sound recordings protected under this Act; or (iii) has not yet been fixed in sound recordings but included in a release are eligible to be covered under this Act.
Copyright on Government works, the Organization of Government and international bodies 11. (1) Copyright exists for every works eligible for copyright and which is made by or under the direction or control of the Government and any other Government organizations or international bodies as may be prescribed by the Minister by order.
(2) section 10 shall not be considered to give copyright to the works to which this section applies.
the Government's Copyright Administration 12. If the copyright of any work is vested in the Government, ministries or Departments related to copyright i tu shall be responsible for the Administration and control of the copyright for the Government: provided that the Ministry or department concerned can give power to the Director of the national archives to administer and control the copyrights on behalf of the Government.
26 laws of Malaysia Act 332 part III POWER and DURATION of COPYRIGHT copyright Authority on the works of literature, music or art, film and sound recordings 13. (1) the copyright of works of literature, music or art, film, sound recording or derivative is the exclusive right to control in Malaysia — (a) the reproduction in any material form;
(aa) the presentation to the public;
(b) shows, show or play to the public;
(c) (struck by A994 Act);
(d) (struck by A994 Act);
(e) the distribution of copies to the public through sale or other transfer of ownership in; and (f) the commercial rental to the public, the whole or a large part of the work, either in original form or the form of the issue provided that — (A) the exclusive right to control distribution of copies only refers to the Act of distributing copies of that are not distributed in Malaysia before and not to any distribution then the copy or import then the copy into Malaysia; and (B) the exclusive right to control the commercial rental relates to the film shall apply only when such commercial rental has led to the making of copies of works that extensively up to reduce the exclusive rights of reproduction materially.
Copyright 27 (2) Notwithstanding subsection (1), the right of control under that subsection shall not include the right to control — (a) the Commission of any act referred to in subsection (1) in appropriate arrangements, including for the purpose of research, private study, criticism, review or reporting news or current events: provided that it is accompanied by a certificate of title of the work and its creation, except if the work related to reporting news or current events by means of a sound recording , films or broadcasts, then the certificate is not needed;
(b) the Commission of any act referred to in subsection (1) is a parody, pastic bag, or karikatur;
(c) the inclusion in a film or release any art works located in a place where the work can be viewed by the public;
(d) the reproduction and distribution of copies of any artwork that is permanently located in a place where the work can be viewed by the public;
(e) inclusion in the side of a work in an artwork, sound recordings, films or broadcasts;
(f) the inclusion of a work in a broadcast, shows, show or game to the public, a collection of literary works or sound recordings, music or film, if such an entry made in illustration for teaching purposes and in accordance with proper practices: provided that the source and the name of the creator in the new work used are referred to;
(ff) any use of a work for the purposes of an examination by way of preparing questions, presenting questions to the candidate or answer the question: provided that a copy of the reprografik a work of music shall not be made for the use of a candidate examination in mempertunjukkan the work;
28 laws of Malaysia Act 332 (g) reproduction made in school, University or educational institution of a work that is included in a release to be used for school, college or the educational institutions;
(gg) the making of a sound recording for a release, or a work of literature, drama or music, sound recording or film included in a broadcast in so far as it contains the sound if the sound recordings of a broadcast that is for private and domestic use by the person making the sound recording;
(ggg) the making of a film for a release, or a work of literature, art, drama or music or film included in a broadcast in so far as it contains a snapshot of the view if the making of a film for the release is for private and domestic use by the person making the film;
(gggg) acts and issuance of copies for any work into a format to meet the special needs of people with reduced vision or hearing and issuance of copies to the public by the body or institution that is not looking for profit and on terms prescribed by the Minister;
(h) reading or speaking by a person to the public or in a broadcast of any reasonable extract from a published literary works already if accompanied by a sufficient acknowledgement;
(i) any use of a work by or under the direction or control of the Government, by the national archives or any of the State archives, the national library or any other library, or by any public libraries and educational institutions, scientific and professional as prescribed by the Minister by order, if such usage is of public interest and in accordance with proper practice and the provisions of any regulations , and — (i) no profit obtained therefrom; and (ii) no entry fee applies for shows, shows or games, if any, to such public works used;
Copyright 29 (j) reproduction of any work by or under the direction or control of a broadcasting service where such reproduction or any copies thereof are intended exclusively for broadcast and reproduction or copies thereof were destroyed before the end of this period of six calendar months immediately after reproduction is made or a longer period as may be agreed between the broadcasting services and the owner of the copyright for the works Division : provided that any reproduction of a work made under this paragraph may, if it is a specially dokumentar, stored in the archives of broadcasting services which was named the official archives for the purpose, but subject to this Act, reproduction shall not be used for broadcasting or for any other purpose without the consent of the owner of the copyright for the works Division;

(k) shows, show or play a work by any club or institution who is not looking for a profit if the show or game show, it is for the purpose of charitable or education and held in a place where there are no entrance fee charged in respect of the show, the show or the game;
(l) any use of a work for purposes of any judicial proceedings, the proceedings of a Royal Commission, a body of law, statutory or Governmental investigation, or any report of any such proceedings, or for the purpose of giving professional advice by a legal practitioner;
(m) the use of quotes from the work that's already been published if the citations in accordance with proper practices and made so far with its meaning, including quotations from newspaper articles and periodicals in the form of press summaries: provided that the source and the name of the creator in the new work used are referred to;
30 laws of Malaysia Act 332 (n) the reproduction by the press, the broadcasting or the public will penayangan to the article that was published in newspapers or periodicals on current topics, if the reproduction, broadcasting or such penayangan not expressly preserved: provided that the source is clearly stated;
(o) reproduction by the press, broadcasting or shows, show or play to the public lectures, speeches and other works from the same type of delivered to the public if such use is for purposes of information and does not expressly preserved;
(p) the commercial rental are computer programs, if the programme is not an important objective of the rental; and (q) the making of a copy of the electronic side and a transitory works have been made available on a network if the making of the copy is required to watch, listen to or use those works.
(2a) for the purposes of paragraph (2) (a), in determining whether the arrangement is a business which fit, factors taken into account shall include — (a) the purpose and nature of the arrangement, including whether it is commercial in nature or for the purpose of education is not looking for profit;
(b) the nature of the work that gets the copyright;
(c) the amount and number of parts used in connection with works that received the copyright as a whole; and (d) the effect of the arrangement of the potential market for or value of copyrighted works that received it.
(3) for the purposes of paragraph (2) (l), "a legislature" means the Parliament of Malaysia or, in relation to a State, the authority shall have such powers under the Constitution to make laws for the State, as the case may be.
Copyright 31 Document design and model 13A. (1) shall not be an infringement of any copyright in a design document or model which records or containing designs for anything other than an artwork or the appearance of type — (a) to make an item by design, or to replicate or reproduce an item made by the design; or (b) to issue to the public, or enter in a film, broadcast or cable programme service, of anything that there is not, by virtue of paragraph (a), a violation of the copyright.
(2) in this section — "design document" means any record of a design, whether in the form of a written description, drawings, photographs, data stored in a computer or otherwise; and "design" means the design of any aspect of the shape or configuration (whether internal or external) the whole or part of an item, other decorative surface.
Effect of exploitation of design derived from artwork 13b. (1) this section applies if an artwork was dieksploitkan, by or with the licence of the copyright owner, by — (a) makes, through a process or industrial way, goods should be calculated for the purposes of this act as a copy of the work; and (b) to market the goods in Malaysia or elsewhere.
(2) following the completion of the period of twenty-five years from the end of the calendar year in which the goods are first marketed, the work may be being copied by making articles of any 32 laws of Malaysia Act 332 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 breaking the copyright in the work.
(3) where only part of an artwork dieksploitkan as is mentioned in subsection (1), subsection (2) applies only in relation to that part.
(4) the Minister may by order make provision — (a) of the circumstances in which a goods, or any description of goods, shall be deemed for the purposes of this section as made through processes or industrial way; and (b) to withdraw from the coming into operation of this section any article which basically featured literature or art he deems fit.
(5) in this section — (a) a reference to articles do not include films; and (b) a reference to the marketing of an article shall be construed as a reference to sale or rental or supply or exposure for sale or rental the goods.
13c. (Cut by A1420 Act).
The power of copyright on works of architecture of 14. (1) the copyright of a work of architecture shall also include the exclusive right to control the construction of any buildings reproduce the whole or a large part of the work either in its original form or in any form that may be known as retrieved from the original: provided that the copyright in any such work shall not include the right to control the reconstruction or rehabilitation of a building with respect to copyright in accordance with the original stailnya.
Copyright copyright of 33 Power release 15. (1) the copyright of a release is the exclusive right to control in Malaysia recording, reproduction, retransmission, and the whole or a large part of the release, and shows, shows or games to the public in a charge in respect of the whole or substantial part of a television broadcast either in its original form or in any form that may be known as retrieved from originally.
(2) Notwithstanding subsection (1), paragraph 13 (2) (a), (g), (gg), (ggg), (gggg), (h) and (o) shall also apply to the copyright on the broadcast.
(3) the copyright of a television broadcast shall include the right to control the taking of still picture from the release.
publication of works which fit in the film 16. (1) if the owner of the copyright in any literary, musical or artistic works allows one to load that works in a film and a broadcasting services broadcast the film, if there is no any agreement to the contrary between the owner of the copyright and that person, he shall be deemed to be that of the owner of the copyright that has allowed the release.
(2) Notwithstanding subsection (1), if a broadcasting service airs a film in which a work of literature, music or art has been loaded, the owner the right to publish the works of literature, music or art that is entitled to receive compensation should be of the broadcasting services.
Power performers 16A. (1) rights of the perpetrator is the exclusive right to control in Malaysia — (a) the presentation to the public of a performance, except where the performance used in the presentation to the public itself is a presentation;
34 the laws of Malaysia Act 332 (b) setting for a presentation that has not been determined;
(c) reproduction setting a presentation;
(d) distribution to the public for the first time a setting of a presentation, or copies thereof, through sale or other transfer of title ownership; and (e) the commercial rental to the public setting of a presentation, or copies thereof, regardless of the ownership of the copy of the rent.
(2) Pe behavior are h i lang right eksklus i fnya d i under paragraph (1) (b) when he or she gives consent for setting his performance of it.
(3) Notwithstanding subsection (1), the right to control under that subsection shall not include the right to control — (a) a recording sound directly or not directly or indirectly continue to film a show — (i) a sound recording or a film made exclusively for the private and domestic use of the person who made it; or (ii) who is a sound recording or film which is made solely for use in scientific research;
(b) a sound recording or film directly or not a presentation — (i) made for the purpose of, or associated with, reporting news or current events;
(ii) made for the purpose of criticizing or commenting; or (iii) is made for the purposes of a judicial proceeding, a Royal Commission proceedings or of the legislature, a statutory inquiry or the Government, or report on any proceeding or investigation, or for the purpose of giving professional advice by legal practitioners;
35 Copyright (c) a sound recording or film is not directly a presentation —

(i) which is a sound recording or film made by, or on behalf of, a body administering an educational institution alone-points for the purposes of the institution or of another educational institution; or (ii) who is a sound recording or film made by, or on behalf of, a body administering an institution to assist people who are unable to write or read solely for the purpose of conducting aid, whether by the institution or otherwise, to people who have a disability intellectual vision, hearing, or write and read;
(d) a sound recording or film directly a presentation made by or under the direction or control of a broadcasting service who have obtained the agreement of the perpetrator to broadcast the presentation, and recording or film is destroyed before the end of this period of six months immediately after recording or film is made or such longer period as may be agreed between the broadcasting services with the perpetrator;
(e) a sound recording directly or indirectly directly or indirectly continue to film a presentation made by a person who reasonably believe that, by reason of a fraud or misrepresentation of a culpable wrong that was made to him, the perpetrator has allowed the making of recordings by such person;
(f) a copy of the sound recording or film referred to in paragraph (a), (b), (c) and (d), a copy of which was made solely for the purposes referred to in any of paragraphs that;
(g) a copy of the sound recording or film referred to in paragraph (e), which is a copy made solely for the purpose referred to in that paragraph; and 36 laws of Malaysia Act 332 (h) a copy of the sound recording or film referred to in paragraph (f), which is a copy made of — (i) by a person who believes that, by reason of fraud or misrepresentation of a culpable wrong you have made to that person, the perpetrator concerned have given consent for the making of the copy; or (ii) solely for a purpose referred to in paragraph (a), (b), (c) and (d).
(4) for the purposes of this section — "directly" in relation to the sound recording or film of a performance, means made directly from the presentation;
"in not" in relation to the sound recording or film of a performance, means made of a release or release the presentation of it.
Fair remuneration 16b. (1) where a sound recording published for commercial purposes or a release again the recording presented in front of the public, or used directly in a broadcast or other delivery to the public, a fair remuneration for the performance shall be payable to the perpetrator by the sound recording.
(2) the Remuneration shall not be deemed to be not fair just because paid in one-off.
(3) no nothing in this section shall be construed as depriving the rights of a person the perpetrator to agree via contract on terms and conditions better for him with respect to his performance.
(3a) in the absence of contract about fair remuneration payable under subsection (1), the perpetrator may apply to the Tribunal to determine the amount payable as fair remuneration.
Copyright 37 (3B) the perpetrator may also apply to the Tribunal — (a) to vary any contract as to the amount due as of fair remuneration; or (b) to vary any previous determination of the Tribunal in relation to fair remuneration for it.
(3 c) Application o consequences of someone pe behavior d i under paragraph (3B) (b) may only be made within twelve months from the date of determination of the earlier, unless special permission has been obtained by the Tribunal.
(3d) when made the application under this section, the Tribunal shall consider the matter and make any order about the method of calculation and payment of fair remuneration as he considers reasonable in the circumstances, taking into account the importance of the contribution of the perpetrator to the sound recording.
(3e) a contract has no effect in so far as it is intended to prevent someone the perpetrator questioned the amount of fair remuneration or restrict the power of the Tribunal under this section.
(4) for the purposes of this section, "published for commercial purposes" means sound recordings that have been made available to the public by way of wires or wireless manner in such a way that allows the public to get access to it from a place and at a time chosen by their masingnya them.
The duration of copyright on works of literature, music or art 17. (1) except as otherwise provided in this Act, the copyright of any work of literature, music or art that exists on the works under this Act exist during the lifetime of the creator and shall continue to subsist until the expiration of fifty years after his death.
38 the laws of Malaysia Act 332 (2) where a work of literature, music or art has never been published before the death of their creator, copyright exists on the work under this Act shall continue to subsist until the expiration of fifty years calculated from the beginning of the calendar year following the year in which the work was first published.
(3) where a literary, musical or artistic works published anonymously or using a pseudonym, copyright exists on the work under this Act shall continue to subsist until the expiration of fifty years calculated from the beginning of the calendar year following the year the work was first published or made available to the public or made, as the case of the most then : provided that if the identity of the creator had known the duration of copyright shall be calculated in accordance with subsection (1).
(4) in this section, a reference to "the creator" shall, in the case of works of joint creation, interpreted as a reference to the Creator who died later.
The duration of copyright in published editions of 18. Copyright exists on an edition published under this Act, shall continue to subsist until the expiration of fifty years calculated from the beginning of the calendar year following the year in which the Edition is first published.
The duration of copyright on sound recordings 19. Copyright exists on a sound recording under this Act shall continue to subsist until the expiration of fifty years calculated from the beginning of the calendar year following the year of the recording is first published or, if the sound recording is not published, from the beginning of the calendar year following the year of appointment.
Copyright copyright term 39 on release 20. Copyright exists on a release under this Act shall continue to subsist until the expiration of fifty years calculated from the beginning of the calendar year following the year in which the broadcast was first made.
21. (Cut by the Act A994).
The duration of the copyright on the film 22. Copyright exists on a film under this Act shall continue to subsist until the expiration of fifty years calculated from the beginning of the calendar year following the year the film was first published.
The duration of the copyright on the work of the Government, the Organization of Government and international bodies 23. Copyright exists on the work of the Government, Government organizations, and international bodies that exist under this Act shall continue to subsist until the expiration of fifty years calculated from the beginning of the calendar year following the year in which the work was first published.
The duration of the rights of the perpetrator 23A. The right of presentation exist under this Act shall continue to subsist until the expiration of fifty years calculated from the beginning of the calendar year following the year the presentation or fixed in a sound recording.
Duration of fair remuneration 23b. The right to fair remuneration shall exist from the time of sound recordings published up to the expiration of fifty years calculated from the beginning of the calendar year following the 40 laws of Malaysia Act 332 years of publication or, if the sound recording is not published, from the time of the determination of the sound recording until the expiration of fifty years calculated from the beginning of the calendar year following the year of appointment.
24. (Cut by A775 Act).
the moral rights of 25. (1) for the purposes of this section, the word "name" includes short name or monogram.
(2) subject to this section, when copyright exists in a given work, no person shall, without the consent of the person who created it, or, after the death of the creator, personal representative, commits or permits the Commission of any of the following acts: (a) presentation of the work by any means whatsoever, without identify the creator or under a name other than the name of the creator of the work; and (b) perosakan, whole or modifications will work if perosakan, whole or its modifications — (i) change the works clearly; and (ii) in such a way that with its reasonable can be regarded as prejudicial to the honor or reputation of the creator.

(3) where a person has been granted, whether by reason of an assignment, license or otherwise, to publish, issue again, performing in front of a public or communicate to the public a work, that person can do modifications on the work if it is reasonable to expect that the publication, reproduction, public performances or delivery to the general public are permitted, as the case may be , cannot be done without the modification, but there is nothing whatsoever in this subsection may allow a modification of the above works will be a breach of subsection (2).
Copyright 41 (4) of the creator or, as his personal representative, can make use of the rights conferred by this section even if at the time of the complaint against the Act made, copyright on works that are not vested in the creator or personal representatives, as the case may be.
(5) any violations or potential violations of this section in respect of a particular work may be taken legal action on the work of the creator or, if he is dead, on the legal personal representative, for breach of statutory duty.
(6) any damages available under this section by a personal representatives in respect of an infringement committed in relation to a work after the death of the creator of the work must be downloaded as part of the estate of the creator, as if the right Act has been around and vested to him once before his death.
(7) where in an action brought under this section an infringement against the restrictions imposed by this section is proved or acknowledged, the Court may order the offender so that publish any corrections in the manner as directed by the Court.
(8) there is nothing in this section may reduce a right Act or other remedy (whether civil or criminal) in proceedings instituted except by virtue of this section; but this subsection shall not be construed as requiring that any damages found by virtue of this section not included into account in assessing damages in any proceedings instituted except by virtue of this section and arising out of the same transaction.
moral rights of performers 25A. (1) a perpetrator shall, with respect to his performance or his performance set out in the phonogram, shall have the right — (a) to claim that known as the perpetrator for his performance, except where the omission occurred by way of use of the performance; and the 42 laws of Malaysia Act 332 (b) to object to any distortion, modification or other whole presentation which will affect its reputation.
(2) the rights granted to performers under subsection (1) shall, after his death, maintained and shall be used by the person or institution authorized by the perpetrator.
(3) for the purposes of this section, "phonogram" means fixing sounds of a performance or other sounds or sound that, in addition to the symbolism in the form of fixing that is incorporated in the film or other audiovisual work.
Part IV the OWNERSHIP and ASSIGNMENT of COPYRIGHT ownership of the copyright for the first 26. (1) copyright conferred by section 10 shall vest initially in the author.
(2) Notwithstanding subsection 27 (6), if a work — (a) has been reserved by a person who is not the employer of the inventor works under a contract of service or apprenticeship; or (b) which is not booked so, made within the works of the creator of the work, then the copyright shall be deemed to be transferred to those who have booked the work or to the employer of the inventor, subject to any agreement between the parties that reject or limit the transfers.
(3) copyright conferred by section 11 shall vest initially in the Government, the Organization of the Government or international body rather than at the works creator.
Copyright 43 (4) subject to subsection (3) — (a) the name that appears on a work to be the name of the creator of the work shall be considered as such unless the contrary is proved;
(b) in the case of an anonymous work or named firms, the publisher whose name stated in the work as such shall, unless the contrary is proved, be deemed to be the representative legally creator anonymous or named the bogus and is entitled to use and preserve the rights owned by the creator of it under this Act;
(c) in the case of a work which has not been published, if the identity of the creator of the work is unknown, but if any of the reasons for assuming that he is a Malaysian citizen, copyright granted pursuant to this Act shall be deemed to be vested in the Minister charged with the responsibility for culture.
(5) Paragraph 4 (b) and (c) cannot be used again when the identity of the creator is unknown.
notification of voluntary copyright 26A. (1) a notification of copyright in any work may be made to the controller by or on behalf of the creator of the work, the owner of the copyrighted, assigns copyright, or a person who has been granted an interest in copyright through the license.
(2) a notification of copyright shall not be entertained unless the prescribed fee has been paid to guard.
(3) a copyright notification shall include details of the following: (a) the name, address and nationality of the owner of copyright;
(b) a statutory declaration that the applicant is the creator of the work, or the owner of the copyrighted, or assigns copyright, or a person who has been granted an interest in copyright through license;
44 the laws of Malaysia Act 332 (c) the categories of works;
(d) title of the work;
(e) the name of the inventor and, if the creator has died, the date of death of the creator, if known;
(f) in the case of works that have been published, the date and place of first publication; and (g) any other information that the Minister may determine.
Express copyright 26b. (1) the controller shall keep and maintain a register called the register of copyrights.
(2) the register of Copyrights shall include all details relating to the copyright in a work as may be notified to the controller under section 26a.
(3) the register of Copyrights shall be kept in such form and in any medium specified by the Minister.
(4) any person may inspect the register of Copyrights, at any time and on such conditions as the Minister may determine, and may obtain certified extracts from the register of valid on payment of the prescribed fee.
(5) the controller or the Deputy Controller can recognise the valid citations from the register of Copyrights who shall be prima facie evidence of the details recorded it and extracted from Express Copyright certified valid shall be admissible in all courts.
amendment to Express copyright 26c. (1) the controller may correct any clerical error in any entry made in the register of copyrights.
Copyright 45 (2) any interested person may apply to the Court to obtain an order for — (a) correct any errors in the entries in the register; or (b) delete or alter any entries made incorrectly within or remaining in the register, and any correction, deletion or amendment made under this section shall become effective from the date ordered by the Court.
(3) for the purposes of this section, "Court" means the High Court in Malaysia.
assignment, licence and testamentary 27. (1) subject to this section, copyright can be transferred as movable property through assignment, testamentary disposition or by the effective law.
(2) an assignment or testamentary disposition of copyright may be limited so that it applies to some act only the owner of copyright the exclusive right to control it, or part of the period of copyright is only or for a certain country or other geographical area.
(3) no assignment of copyright and no license for committing an act which is controlled by copyright perlakuannya can be effective unless in writing.
(4) an assignment or licence granted by a copyright owner shall become effective as-by assignment or licence is given by the owner or the owner-owner with him also, and subject to any agreement between them, payments received by one of the owner of the copyright shall be divided equally among all the joint owner.
(5) for the purposes of this section, the person shall be deemed to be joint owner if they share a common interest in the whole or part of a copyright.
46 laws of Malaysia Act 332 (6) an assignment, licence or testamentary disposition may be effectively granted or made in respect of a future work, or something that works that copyright exists about it exist yet, and the future of copyright on any work that may be transferred by law as movable property.

(7) where under a testamentary disposition, whether General or specific, a person is entitled beneficially or otherwise to the manuscript of a work of literature, or music, or to a work of art, and the work has never been published before pewasiat death, testamentary disposition shall, unless otherwise stated in the purpose of the will or wills that, kodisil to be construed as including the copyright of the work to the extent that the pewasiat was the owner of the copyright immediately before his death.
Part IVa LICENSING of COPYRIGHT licensing Bodies 27A. (1) an association or organization that wishes to operate as a licensing body for the owner of the copyright or the copyright owner shall apply to the specific Controller so that declared as a licensing body.
(2) an application for a declaration shall be made in any form and in any medium specified by the Controller who shall contain the following information: (a) the constituent documents of the applicant that its main objective, or one of its main objectives, is to negotiate or give copyright licence, either as the owner of copyright or as agent for him, and that its goals as well as giving license that includes the work of more than one creator; and (b) the list of copyright owners or their agents who became a member of the applicant.
Copyright 47 (3) on receipt of an application, the controller can declare the applicant as a licensing body and issued a declaration in writing to that effect to the applicant.
(4) Notwithstanding subsection (3), the controller shall refuse an application if the information provided by the applicant pursuant to subsection (2) are inadequate or unsatisfactory to show that the applicant is fit and proper to be a licensing body.
(5) the licensing Body shall give the controller a copy of the profit and loss account, statement of balance and its auditors report tabled at the annual general meeting of the licensing body not later than one month after the date of the annual general meeting.
(6) the controller may revoke the Declaration given to a licensing body if he is satisfied that the licensing body — (a) does not work with sufficient as a licensing body;
(b) no longer has the authority to act on behalf of all its members;
(c) have not acted in accordance with its rules or the best interest of its members, or their agents;
(d) has changed its rules so that no longer comply with any provisions of this Act;
(e) without reasonable grounds, have been reluctant or not comply with the provisions of this Act; or (f) has been dissolved.
(7) Licensing Body aggrieved by a decision of the Controller under subsection (6) may appeal to the Tribunal within one month from the date of the decision.
48 laws of Malaysia Act 332 (8) any association or organization that operates as a licensing body without obtaining the declaration under subsection (1) or any of the licensing body does not comply with the provisions of subsection (5) commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand dollars.
Licensing scheme to which section 27b Sizzler anti-ship to 27g apply 27AA. (1) Section 27B Sizzler anti-ship to 27g shall apply to the licensing scheme operated by licensing bodies in relation to the copyright in any work, so far as they relate to licences for — (a) reproduce the work;
(b) perform, show or play the work to the public;
(c) communicate the work to the public;
(d) republish the work;
(e) rent the works commercially to the public; or (f) make the adaptation of the work.
(2) for the purposes of section 27B Sizzler anti-ship to 27g, "licensing scheme" means any scheme of licensing described in subsection (1).
Reference of proposed licensing scheme to Tribunal 27b Sizzler anti-ship. (1) the terms of a licensing scheme that is intended to be operated by a licensing body may be referred to the Tribunal by any body claiming that it represents a person who claims that he requires a licence in a case of a description to which the licensing scheme applies, either generally or in relation to any description of it.
Copyright 49 (2) the Tribunal shall first decide whether to entertain the reference, and can decline it on the ground that the reference was too early.
(3) if the Tribunal decides to entertain the reference it shall consider the matter referred and make such order, either confirming or varying the proposed licensing scheme, either generally or so far as it relates to the case of the description to it in relation to the reference, which is determined to be reasonable in the circumstances by the Tribunal.
(4) an order under subsection (3) may be made so effective without the timed or for such period as may be determined by the Tribunal.
Reference of licensing scheme to Tribunal 27 c. (1) if the current licensing scheme operated disputes arise between the licensing scheme operators with — (a) any person claiming that he requires a licence in a case of a description to which the licensing scheme applies;
(b) a body which claims that it represents such person; or (c) a person who has been granted a licence to which the licensing scheme applies, operators, people or organizations that can refer to the licensing scheme to Tribunal in so far as it relates to the case of the description.
(2) a licensing scheme which has been referred to the Tribunal under this section shall remain in force until proceedings on the reference is completed.
(3) the Tribunal shall consider the matter in dispute and make such order, either confirming or varying the licensing scheme as far as it related to 50 laws of Malaysia Act 332 with reference to which the description of the contact, which is determined to be reasonable in the circumstances by the Tribunal.
(4) an order under subsection (3) may be made so effective without the timed or for such period as may be determined by the Tribunal.
Reference of licensing scheme to Tribunal further 27d. (1) subject to subsection 2, if the Tribunal has on a previous reference licensing scheme under section 27B Sizzler anti-ship or 27 c or under this section, make an order in respect of the licensing scheme, so while the order remains in force — (a) the licensing scheme operators;
(b) any person claiming that he requires a licence in a case of a description to which the order applies;
(c) a body which claims that it represents such person; or (d) a person who has been granted a licence to which the licensing scheme applies, may again refer the licensing scheme to Tribunal in so far as it relates to the case of the description.
(2) a licensing scheme may not, except with the special permission of the Tribunal, referred once again to the Tribunal with respect to the description of the same thing — (a) within the period of twelve months from the date of order on the previous reference; or (b) if the order is made so that effect for fifteen months or less, up to three months before the expiry of the order.
(3) a licensing scheme which has been referred to the Tribunal under this section shall remain in force until proceedings on the reference is completed.
Copyright 51 (4) the Tribunal shall consider the matter in dispute and make such order, either confirming, varying or further varying the scheme so far as licensing it in relation to the case of the description to it in relation to the reference, which is determined to be reasonable in the circumstances by the Tribunal.
(5) an order under subsection (4) may be made so effective without the timed or for such period as may be determined by the Tribunal.
application for grant of licence in connection with licensing scheme 27e. (1) a person who claims, in a case covered by a licensing scheme, that the operator licensing scheme that — (a) refuses to give him a license or acquire licenses to it in accordance with the licensing scheme; or (b) does not give him a licence or acquire licenses to it in accordance with the licensing scheme within a reasonable time after the request, 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 licensing scheme either — (a) refuses to give him a license or acquire licenses to it, or does not do so within a reasonable time after being requested to do so, and that in the circumstances it is unreasonable that the licence should not be granted; or (b) proposes terms for a licence unreasonable, may apply to the Tribunal for an order under subsection (4).
52 laws of Malaysia Act 332 (3) a case shall be considered not included in a licensing scheme for the purposes of subsection (2) where — (a) the licensing scheme makes provision for the grant of licences subject to terms that exclude things from the license and it is included in such exemption; or

(b) it is such the case in which such a licence is granted under the licensing scheme was not reasonable it is not managed in the same way.
(4) if the Tribunal is satisfied that the claim is unfounded, it shall make an order that declared that, with respect to the matters specified in the order, the applicant is entitled to a licence on such terms as may be determined as used in accordance with the licensing scheme or, as the case may be, as reasonable in the circumstances, by the Tribunal.
(5) an order under subsection (4) may be made so effective without the timed or for such period as may be determined by the Tribunal.
application for review of order as to entitlement to licence 27f. (1) where the Tribunal has made an order under section 27e that someone is entitled to a licence under a licensing scheme, the licensing scheme operator or the original applicant may apply to the Tribunal to review the order.
(2) an application may not be made, except with the special permission of the Tribunal, — (a) within the period of twelve months from the date of the order, or of the decision on a previous application under this section; or Copyrights 53 (b) if the order is made so that effect for fifteen months or less, or as a result of the decision on a previous application under this section that will be due within fifteen months from the decision, up to three months before the expiry of the order.
(3) the Tribunal shall on an application for review, confirm or alter the order as determined as reasonable by the Tribunal with regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of it.
Effect of order of Tribunal as to licensing scheme 27g. (1) a licensing scheme, which has been confirmed or varied by the Tribunal under section 27B Sizzler anti-ship, 27 c or 27d shall become effective or, as the case may be, remains in force, in so far as it relates to the description of the case in respect of which the order is made, as long as such order remains in force.
(2) While the order is in effect a person, which in the case of a class to which the order applies, shall be — (a) pays to the operator of that licensing scheme any charges payable under the licensing scheme in respect of a licence covering the case in question or, if that amount cannot be determined, allowing the operator to the undertaking to pay the charges when ascertained; and (b) complies with the other terms applicable to such licence under the licensing scheme; and (c) are in the same position in relation to infringement of copyright as if he had at all material time a licence granted by the owner of the copyright in accordance with the licensing scheme.
54 laws of Malaysia Act 332 (3) the Tribunal may direct that the order, in so far as it alters the amount of charges payable, have effect from a date prior to the date upon which it is made, but not earlier than the date at which the reference is made or, if later, to which the licensing scheme comes into operation.
(4) where a direction is made under subsection (3) — (a) any payment required, or advanced payment, to be made in respect of the charge paid or payable; and (b) a reference in paragraph 2 (a) regarding 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 on behalf of such order is made shall, if he or she — (a) pays to the operator of that licensing scheme any charges payable in accordance with the order or, if that amount cannot be determined, allowing the operator to the undertaking to pay the charges when ascertained; and (b) complies with the other terms specified in the order, is in the same position in relation to infringement of copyright as if he had at all material time a licence granted by the owner of the copyright concerned on the terms set out in the order.
Licence to which section 27l applies 27i to 27h. 27i to section 27l shall apply to the following license description given by licensing bodies other than in accordance with the licensing scheme: (a) a licence relating to copyright in works of literature or music which includes the work of more than one creator, to the extent it allows — (i) reproduction of the work;
Copyright 55 (ii) shows, penayangan or games that work to the public;
(iii) the presentation of the work to the public; or (iv) the distribution of the work to the public; and (b) relating to the licence of the copyright in any other work, in so far as it allows — (i) the making of copies of the work;
(ii) shows, penayangan or games that work to the public;
(iii) the presentation of the work to the public; or (iv) that the works shown, shown or played in public, and in that section, "licence" means a licence from any description of it.
References to the Tribunal about the license terms proposed 27i. (1) the terms with which the licensing body proposes to grant the licence may be referred to the Tribunal by the prospective licensee.
(2) the Tribunal shall first decide whether to entertain the reference, and can decline it on the ground that the reference was too early.
(3) if the Tribunal decides to entertain the reference it shall consider proposed license terms and make such order, either confirming or varying the terms, which is determined to be reasonable in the circumstances by the Tribunal.
(4) an order under subsection (3) may be made so effective without the timed or for such period as may be determined by the Tribunal.
56 laws of Malaysia Act 332 reference to Tribunal about license expiration will 27j. (1) a licensee under a licence that will, through the expiration expiration time or as a result of the notice given by the licensing body may apply to the Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to have effect.
(2) an application shall be made up to three months before the license will be expired.
(3) a licence in respect of which a reference has been made to the Tribunal under this section shall remain in force until proceedings on the reference is completed.
(4) where the Tribunal finds the application unfounded, it shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as may be determined as reasonable in the circumstances by the Tribunal.
(5) an order under subsection (4) may be made so effective without the timed or for such period as may be determined by the Tribunal.
application for review of order about 27 k license. (1) where the Tribunal has made an order under section 27i 27j or licensing body or the person entitled to the benefit of the order may apply to the Tribunal to review the order.
(2) an application may not be made, except with the special permission of the Tribunal, — (a) within the period of twelve months from the date of the order, or of the decision on a previous application under this section; or Copyright 57 (b) if the order is made so that effect for fifteen months or less, or as a result of the decision on a previous application under this section that will be due within fifteen months from the decision, up to three months before the expiry of the order.
(3) the Tribunal shall on an application for review, confirm or alter the order as determined as reasonable in the circumstances by the Tribunal.
Effect of order of Tribunal as to the license 27l. (1) where the Tribunal has made an order under section 27i 27j or the order and remains in force, the person entitled to the benefit of the order shall, if he or she — (a) to pay to the licensing body any charges payable in accordance with the order or, if that amount cannot be determined, allowing the operator to the undertaking to pay the charges when ascertained; and (b) complies with the other terms specified in the order, is in the same position in relation to infringement of copyright as if he had at all material time a licence granted by the owner of the copyright concerned on the terms set out in the order.
(2) the benefit of the order may diserahhakan — (a) in the case of an order under section 27i, if assignment was not prohibited under the terms of the order of the Tribunal; and (b) in the case of an order under section 27j, if assignment was not prohibited under the terms of the original license.
58 laws of Malaysia Act 332

(3) the Tribunal may direct that an order under section 27i 27j or, or an order under section 27 k varying such order, in so far as it alters the amount of charges payable, have effect from a date prior to the date upon which it is made, but not earlier than the date at which the reference or application is made or, if later , to which the licence is granted or, as the case may be, will the expiration.
(4) where a direction is made under subsection (3) — (a) any payment required, or advanced payment, to be made in respect of the charge paid or payable; and (b) a reference in paragraph (1) (a) regarding the charges payable by such order shall be construed, if the order is varied by an order then, as a reference to the charges so payable by virtue of an order then that.
Part V COPYRIGHT TRIBUNAL and the establishment of the Copyright Tribunal authority 28. (1) there shall be established a tribunal to be known as the Copyright Tribunal.
(2) the Tribunal shall have the power to decide the following matters: (a) an application by the perpetrator under section 16B;
(b) any reference by the operator, a person or a body referred to in part IVa;
(c) an appeal by licensing body under subsection 27a (7); and (d) the exercise of powers under section 31.
Copyright 59 appointment of Chairman and members of a Tribunal 29. (1) the Tribunal shall consist of the following persons who shall be appointed by the Minister: (a) the Chairman;
(b) five Deputy Chairman; and (c) twelve people it deems fit and proper by the Minister sits on 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 for re-election.
(3) the Minister shall determine the remuneration and other terms and conditions of appointment of the Chairman, Deputy Chairman and members of the Tribunal.
(4) the Minister may declare the position of any member of the Tribunal as empty on the ground he was found unfit to continue in Office or is unable to carry out the task.
(5) the Chairman, Deputy Chairman or any member of the Tribunal may at any time resign by 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 meaning of the Penal Code [Act 574].
(7) there shall be a Secretary to the Tribunal and any other officers as may be necessary to assist the Tribunal, who shall be appointed by the Minister.
proceedings before the Tribunal 30. (1) every proceeding before the Tribunal shall be heard and disposed of by the Chairman or Deputy Chairman and two other members selected by the Chairman of the members appointed under section 29.
60 laws of Malaysia Act 332 (2) no member of the Tribunal may take part in any proceedings before the Tribunal if he or she has a financial interest in any matter to be decided by the Tribunal.
(3) if the Chairman has lost his entitlement under subsection (2), the Minister shall appoint a Deputy Chairman to act as Chairman for the purposes of the proceedings.
(4) a person shall be deemed to have a financial interest if he, his partner, employer or any member of his family, or if a body whether statutory or not, in which he sits, has a financial interest in any matter to be decided by the Tribunal.
(5) If, upon any matter which shall be determined by the Tribunal that there are the same number of votes, the Chairman of many such proceedings shall have a casting vote in addition to the votes normally.
(6) If, in the course of any proceeding, any member of the Tribunal cannot continue the proceedings due to illness or any other reason, then the proceedings shall continue before the members of the Tribunal who live, as long as no less than two, and the Tribunal shall, for the purposes of the proceedings, be deemed to be properly made up.
(7) in any matter referred to in subsection (6) If a member is unable to continue with the proceedings is the Chairman of the proceedings, then the Minister shall — (a) appoint from among members who live a new Chairman for the purposes of the proceedings be continued is; and (b) where appropriate, appoint a Deputy Chairman to attend the proceedings for advising members of the proceedings on any issues that may arise during the proceedings.
Copyright 61 reference of question of law to the High Court 30A. (1) the Tribunal may at usulnya itself, or shall upon the request of a party, refer a question of law arising in proceedings before it settled to be determined by the High Court.
(2) a request under subsection (1) shall be made in writing within fourteen days from the date upon which the decision is made.
(3) If a question has been referred to the High Court under this section, the Tribunal shall submit a record of its proceedings to the Registrar of the High Court which shall thereupon set and notify the parties to the proceedings regarding the time and place for pendengarannya.
(4) on the hearing of the reference in the High Court, every party to the proceedings before the Tribunal shall be entitled to appear and be heard.
(5) the High Court shall hear and determine questions referred to it under this section by reference it instead as-is an appeal to the High Court against the decision of the Tribunal, and therefore can confirm, amend, substitute or cancel the decision, or make such other order as it thinks fair or necessary.
(6) S u a t u k e p u t u s a n M a h k a m a h I n g i N d i b a w a h subsection (5) shall be final and conclusive, and no such decision can be challenged, appealed against, reviewed, revoked or questioned in any court or in front of anything any other authority , judicial or otherwise.
(7) for the purposes of this section, the question of law shall not include the question whether there is sufficient evidence to justify the finding of fact by the Tribunal.
62 laws of Malaysia Act 332 license to issue and publish the translation of 31. (1) any person may apply to the Tribunal to obtain a licence to issue and publish in the national language or the vernacular language in Malaysia a translation of literary works written in any other language.
(2) the Tribunal may after holding such inquiry as he may deem necessary, subject to this section, grant to the applicant a licence (which is not an exclusive licence) to issue and publish a translation of a work in the national language or other vernacular languages, provided that the applicant shall pay to the owner of the right of translation of the work in respect of copies sold to the public, royalty at a rate to be determined by the Tribunal in the prescribed manner.
(3) a licence will only be granted on application made under subsection (1) in respect of a work if — (a) the translation of the work in the national language or other vernacular languages have not been previously published by the copyright owner (or by any person authorised by him) within one year after the first publication of the work or, if the previously published translations, the translation is not available yet;
(b) (i) the applicant has requested the truth and that his request was rejected by the owner the right to issue and publish the translation; or (ii) the applicant, when appropriate, seeks to detect or failed to ensure the owner;
(c) the applicant, if the citizenship of the owner of the right of translation is known, was send a copy of his request for translation to the diplomatic or consular representative of the country in which the owner of the right of translation is one of the people, or to the organization which may have been named by the Government of that country;
Copyright 63 (d) the Tribunal is satisfied that — (i) the applicant may issue and publish a translation of the work correctly and have the ability to pay to the owner the right to translate the royalty payable under this section; and (ii) the applicant undertakes to print the original title and the name of the creator of the work to all copies of the published translation;
(e) the work of the creator yet withdraw his it from circulation;
(f) the opportunity to be heard was initially given, wherever practicable, to the owner of the right of translation of the work;
(g) further period for nine months have passed from the implementation procedure referred to in paragraph (b) and (c) and during this period there was no translation in the national language or other vernacular languages has been published by the owner of the right of translation or with the truth; and (h) the translation is for the purpose of teaching, education or research.
(4) a licence granted under this section is not transferable and cannot be expanded up to including the export of copies: provided that delivery of a copy to another country by the Government or any Government establishment will not be export if all of the following conditions are met: (a) the recipients are individuals who become Malaysian citizens or organizations that collect such individuals;

(b) the copy will be used only for the purpose of teaching, education or research;
64 the laws of Malaysia Act 332 (c) sending a copy of it and its distribution to recipients is without commercial purpose then; and (d) the country to which the copy is sent has agreed with Malaysia to allow the receipt, or distribution or both.
(5) the license shall be valid only for publication of the translation in Malaysia and all copies published under the license shall contain a notice in the national language or other vernacular language stating that the copy is available for distribution in Malaysia only.
(6) any licence granted under this section shall terminate if a translation in the official language or languages of the other vernacular and with content that is largely the same as for which the license has been granted has been published by the owner of the right of translation or with true price reasonably related to that imposed in Malaysia for comparable work: provided that any copy that was made before the licence expires can , however, continue to be distributed until stocks run out.
(7) if the work to be translated contains mainly illustrations, no license shall be granted under this section.
32. (Cut by the Act A952).
The Tribunal may request information 33. (1) the Tribunal may request any information which it considers necessary for the purpose of exercising any of the powers and functions under this Act and any subsidiary legislation made thereunder.
(2) any person who refuses to comply with such request by Tribunal commits an offence under this Act.
Copyright 65 No action against Tribunal 34. No action or other legal proceedings may be taken against any member of the Tribunal for any that have been made or not made in good faith in relation to the powers and functions of the Tribunal under this Act.
regulations on Tribunal 35. The Minister may make regulations in respect of the Tribunal and in particular and without prejudice to the generality of the foregoing, with respect to the following matters: (a) prescribing the manner in which any matter may be referred to Tribunal;
(b) prescribing the procedures to be applicable by the Tribunal in managing 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 is called presiding and the place where the Tribunal conducting the recent session;
(d) prescribing a scale of costs and fees payable in respect of any investigation or proceeding before the Tribunal; and (e) generally for the better carrying out of the functions given to the Tribunal under this Act.
Part VI REMEDIES For INFRINGEMENT And Infringement OFFENCE 36. (1) a breach of copyright occurs when a person without a license of the copyright owner, does or causes another person to commit an act of perlakuannya controlled by copyright under this Act.
66 laws of Malaysia Act 332 (2) Infringement of copyright occurs when a person, without the consent or licence of the owner of the copyright, imports an article into Malaysia for the purpose of — (a) sell, rent, or by way of trade offers or exposes for sale or hire, the article;
(b) distributing the article — (i) for the purpose of trade; or (ii) for any other purpose to the extent that will harm the copyright owner; or (c) by way of trade exhibiting the article to the public, if he knows or reasonably should know that the manufacture of the article have been carried out without the consent or licence of the copyright owner.
(3) (struck by A1420 Act).
(4) (struck by A1420 Act).
(5) (struck by A1420 Act).
circumvention of technological protection measures 36A. (1) If a technology protection measure to be worn over a copy of the work by or with the consent of the owner of copyright in the work, no person shall circumvention h., or cause or permit any other person to protection measures, technology circumvention h. — (a) that is used by the owner of the copyright in relation to the exercise of its rights under this Act; and (b) that menyeka t pe rbua t an be rkenaan with his unauthorised by the owner concerned or permitted by law.
Copyright 67 (2) subsection (1) shall not apply if the interception step protection technology that is — (a) solely for the purpose of achieving reciprocal operation of a computer program created separately with the original program or any other program;
(b) solely for the purpose of identifying and analyzing disability and descriptions easily attacked encryption technology;
(c) solely for the purposes of testing, investigating, or correcting of security of the computer, computer system or computer network;
(d) solely for the purpose of identifying and disabling a capability that is not terzahir to collect or disseminate personal identification information about the online activities of a natural person;
(e) in relation to any act which is in compliance with the law, solely for the purposes of — (i) law enforcement;
(ii) national security; or (iii) the implementation of a statutory functions; or (f) is made by a library, archives, or educational institution for the purpose of making decisions about procurement in relation to a work in which copyright exists.
(3) No person shall — (a) makes for sale or rent out;
(b) import other than for private and domestic use; or (c) in the course of business — (i) sell or rent;
(ii) offer or expose for sale or rent out;
(iii) advertise for sale or rent out;
68 the laws of Malaysia Act 332 (iv) possess; or (v) distribute;
(d) distributing for the purpose other than in the course of business until a point that affects the copyright owner; or (e) offers to the public or provide any services in relation to, any technology, device or component which — (A) are promoted, advertised or marketed for the purpose of circumvention h. step protection technology;
(B) have a purpose or significant commercial use limited in addition to circumvention h. step protection technology; or (C) is designed, produced, adapted or performed primarily for the purpose of enabling or facilitating the circumvention of technological measures perl indungan.
(4) the Minister may prescribe any technology, device or component that can be operated as a technology protection measure to exempt from the application of this section.
Rights management information 36b. (1) No person shall — (a) removes or alters any electronic rights management information without authority; or (b) distribute, import for distribution or delivery to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority, and by knowing or having reason to know that the Act would cause, enable, facilitate or conceal an infringement of any right under this Act.
Copyright 69 (2) subsection (1) shall not apply if the disassembly or alteration of any electronic rights management information without authorization is — (a) in relation to any lawfully incurred solely for the purpose of — (i) law enforcement;
(ii) national security; or (iii) the implementation of a statutory functions; or (b) made by the library, archives, or educational institution for the purpose of making decisions about procurement in relation to a work in which copyright exists.
(3) for the purposes of this section and section 41, "rights management information" means information that identifies the work, the creator of the work, the owner of any right in the work, the perpetrator or the terms and conditions of use of the work, any numbers or codes that reflect such information, when any of these items affixed to a copy of a work or appears in connection with the presentation of a work to the public.
The actions of the owner of copyright and relief 37. (1) action against copyright infringement and acts prohibited under section 36a and 36B may be acted upon on the legal owner of the copyright, and in any action for infringement of such prohibited acts, the Court may provide the following types of relief: (a) an injunction;
(b) damages;
(c) an account of profits;
(d) statutory damages not exceeding twenty-five thousand dollars for each work, but not exceeding five hundred thousand dollars at agregatnya; or (e) any other order that it thinks fit by the Court.
70 laws of Malaysia Act 332 (2) Notwithstanding subsection (1), all relief can be obtained by the plaintiff in an action under section 36a (3) with the exception of statutory damages.
(3) in making an award under paragraph (1) (b), the Court may also make an order under paragraph (1) (c) for an account of any profit that can be linked with violations of the prohibited acts or which are not taken into account in calculating the damages.
(4) Kecual i as provided in subsection (3), the type of the relief referred to in paragraph (1) (b), (c) and (d) is completely different.
(5) for the purposes of paragraph (1) (d), all part of a collective work shall be calculated as one work.

(6) where in an action under this section has been ascertained that an infringement or an act that is prohibited under section 36a or 36B was done but has also confirmed that at the time infringement or an act that prohibited the defendant was unaware of the done, and does not have reasonable grounds to suspect, that the Act is a breach of copyright or prohibited under section 36a or 36B , the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the violation or prohibited acts done that, but shall be entitled to an account of profits, or statutory damages, whether any other relief is granted or not under this section.
(7) where in an action under this section, copyright infringement or the doing of an act that is prohibited under section 36a or 36B ascertained, the Court may, in assessing damages for the infringement or the doing of the prohibited act, award such additional damages as it considers fit in the circumstances if it is satisfied that it is fit to do so taking into account — (a) that a violation or act which prohibited outright is made;
Copyright 71 (b) any interest which proved to have accrued to the defendant by reason of the breach or the prohibited acts; and (c) all other matters related to it.
(8) in the award s tatutori gant i loss under paragraph (1) (d), the Court shall take into account — (a) the nature and purpose of an act that violates or act which prohibited it, including whether acts that violate or act which prohibited the commercial nature or otherwise;
(b) that a violation or act which prohibited outright is made;
(c) whether the defendant acted with bad faith;
(d) any loss suffered by the plaintiff or is likely to be caused to the plaintiff by reason of the breach or the prohibited acts;
(e) any interest which proved to have accrued to the defendant for infringement or acts prohibited it;
(f) the conduct of the parties before and during the proceedings;
(g) the need to prevent violations of the prohibited act or other similar; and (h) all other matters related to it.
(9) an injunction should not be issued in any proceedings under this section if it requires a building that already completed or partially already built diruntuhkan or hold a building partly already built from completed.
(10) for the purposes of this section and section 38 — (a) "action" includes a counterclaim, and a reference to the plaintiff and the defendant in an action on shall be construed accordingly;
72 the laws of Malaysia Act 332 (b) "collective work" means a work in which the material is relevant, each is a separate and distinctive works, grouped into a complete work collectively; and (c) "Court" means the High Court in Malaysia.
(11) for the purposes of this section, "owner of copyright" means the first owner or assigns part of the copyright.
proceedings in the case of copyright subject to exclusive licence 38. (1) this section shall apply with regard to proceedings in the case of any copyright in respect of which an exclusive licence has been granted and in force at the time of events related to the proceedings.
(2) subject to this section, an exclusive licensee shall (except against the owner of the copyright) have the right to act the same and shall be entitled to the same remedies, under section 37, like the license was an assignment, and the rights and remedies shall be equal to the rights and remedies of the owner of the copyright under that section.
(3) If an action is taken either by the copyright owner or the exclusive licensee, and the action, in so far as it is taken under section 37, related (wholly or partly) to an infringement in respect of which both have the right to act under that section, the owner or licensee, as the case may be, shall not be entitled, except with the leave of the Court , for proceeding, to the extent that it is taken under that section and in respect of the violation, unless the other party is either be automatically combined as the plaintiff in the action or added as a defendant: but this subsection does not affect the granting of an injunction interlokutori on the application of one of them.
Copyright 73 (4) in any action taken by an exclusive licensee by virtue of this section, any defense, which was supposed to have on the defendant in the action, if this section were not made and action had been taken by the owner of the copyright, shall be available to the defendant in this action against the exclusive licensee.
(5) If an action is taken in case the conditions referred to in subsection (3) and the owner of the copyright and the exclusive licensee is not a plaintiff in the action, the Court, in assessing damages in respect of any infringement of the provisions as referred to in subsection — (a) if the plaintiff is the exclusive licensee, shall take into account any liabilities (in respect of royalties or otherwise) to which the licence is subject; and (b) whether the plaintiff is the owner of copyright or the exclusive licensee, shall take into account any financial remedies awarded to the other party under section 37 in respect of the infringement, or, in accordance with the requirements of the situation, the rights which may be exercised against the other party under that section in respect of the infringement.
(6) where an action, in so far as it is brought under section 37, related (wholly or partly) to an infringement in respect of which the copyright owner and the exclusive licensee shall have the right to act under the seskyen, and in that section (either both of them is a party thereto or not) an account of profits has been directed to be taken in respect of the infringement then, subject to any agreement that is in the knowledge of the Court where the use of profit is determined between the owner of the ip right c ta and licensee eksk lus i f, the Court will divide the profits between them as it thinks just and will give any direction as it may absolutely deem fit to give effect to the allocation.
74 laws of Malaysia Act 332 (7) in an action taken either by the copyright owner or the exclusive licensee — (a) no judgment or order for payment of the damages or statutory damages in respect of a copyright infringement may be given or made under section 37, if the final judgment or order has been given or made award an account of profits to the other party under that section in respect of the same infringement; and (b) no judgment or order for an account of profits in respect of infringement of copyright shall be given or made under the section, if a final judgment or order has been given or made award either damages, statutory damages or an account of profits to the other party under that section in respect of the same infringement.
(8) where in any action taken in the circumstances referred to in subsection (3), either by the copyright owner or the exclusive licensee, the other party is not merged as the plaintiff (either at the commencement of the action or next) but added as a defendant, he shall not incur any costs in the action unless he enter attendance and participate in the proceedings.
(9) for the purposes of this section, the phrase — "If the license is assignment" means if, in lieu of the license, a copyright assignment has been given, (subject to terms and conditions as nearly the be the same as the terms and conditions subject to it the licence had been granted) in respect of its application for doing, and at the time allowed by the licence , an act that allowed such;
"exclusive licence" means a licence signed by or on behalf of a person is the owner or prospective owner of the copyright allows the licensee to exclude any Copyright 75 other persons, to exercise a right which by virtue of this Act (other than the license) can be carried out exclusively by the owner of the copyright; and "exclusive licensee" shall be construed accordingly;
"the other party", in relation to the copyright owner, the exclusive licensee means and in relation to the exclusive licensee, means the owner of the copyright.
Restrictions on importation of infringing copy 39. (1) the owner of the copyright of any work of, or any person authorized by him, may make an application to the controller to request so during the period specified in the application a copy of the work to which this section applies is treated as an infringing copy.
(1a) an application under subsection (1) — (a) shall be in such form as may be prescribed;
(b) shall state that the person named therein is the owner of the copyright; and

(c) be supported by such documents and information, and accompanied by the fee, as may be prescribed.
(2) this section shall apply to any copy of a work made outside Malaysia which manufacturing is carried out without the consent or licence of the owner of copyright in the work.
(2a) on receiving an application under subsection (1), the controller shall decide the application and the controller shall be in reasonable period notify the applicant with a written notice whether the application is approved and specify the duration of the copy shall be deemed infringing copy.
76 laws of Malaysia Act 332 (3) if the application is approved by the Controller in respect of an application that works and is not withdrawn, the importation of any infringing copy into Malaysia during the period specified in the notice of the Controller is prohibited: provided that this subsection shall not apply to the importation of any copy by a person for private use and domestic use.
(4) (struck by A1082 Act).
(5) the controller shall require any person making an application under subsection (1) — (a) to deposit security in the opinion of the controller is sufficient to pay substitute Government for any liability or expense which may be incurred following the detention at any time within the period specified in the notice the Controller any infringing copy or with anything done in relation to a copy of withheld; and (b) whether or not the security is given, so that always indemnify Guards against any liabilities or expenses referred to in paragraph (a).
(6) any Controller Assistant, police officer not below the rank of inspector or any customs officers can search and seize any infringing copy prohibited from imported into Malaysia under subsection (3).
(7) when any infringing copies seized under this section, the officer shall seize immediately give notice in writing of the seizure and the reason to the owner of the infringing copy if known, either by own submit the notice to him or by post at the place of residence, if known: provided that such notice shall not be required to be given if the seizure made on the person or in the presence of the offender or the owner or his agent , or in the case of a vessel or ship air, in front of the master or pilot thereof, as the case may be.
Copyright 77 (8) infringing copy can be hijacked as if it prohibited goods under the law relating to customs.
(9) the Minister may make regulations that it considers necessary or expedient for the purposes of this section.
application of section 36, 37, 38 and 39 for the perpetrator right 39A. Section 36, 37, 38 and 39 shall apply mutatis mutandis to the rights of the perpetrator.
Copy of support computer program 40. (1) Notwithstanding any contractual terms to the contrary, a clear copyright on a work of literature in the form of a computer program is not infringed by the making of a reproduction of the work or a computer program as an adaptation of the work, if — (a) the reproduction i tu made by, or on behalf of, the owner of the copy (in this section referred to as "the original") from which the reproduction is made; and (b) the reproduction is made for the purpose of being used, by or on behalf of the owner of the original only, in lieu of the original if the original is lost, destroyed or has not been used.
(2) subsection (1) shall not apply to the making of a reproduction of computer programs, or an adaptation of a computer program that — (a) from infringing copy of the computer program; or (b) contrary to the instructions expressly by or on behalf of the owner of copyright of computer programs given to the owner of the original copy not later than the time when the original owner obtain the original copy of that.
78 laws of Malaysia Act 332 (3) for the purposes of this section — (a) a reference to a copy of a computer program or an adaptation of a computer program is a reference to any article in which the computer program or the adjustment in the form of material reproduced; and (b) a reference to the instructions clear, in relation to a copy of a computer program or an adaptation of a computer program, includes a reference to the instructions easier to read printed on copy or on the packaging in which the copy supplied.
Error 41. (1) if at the time the copyright exists in a given work or that of perpetrator exists, any person who — (a) makes for sale or hire any infringing copy; (b) sell, rent or trade, disclose or offer for sale or rent out any infringing copy;
(c) distributes infringing copy; (d) has in his possession, custody or control, for any use other than for private and domestic use, any infringing copy;
(e) by way of trade exhibits in public any infringing copy;
(f) imports into Malaysia, other than for private use and domestic use, an infringing copy;
(g) makes or has in his possession any invention, used or intended to be used for the purpose of making infringing copy;
(h) intercept or cause or permit any intercepted step effective technology referred to in subsection 36a (1);
(ha) make, import or sell any technology or tool for the purpose of intercepting technology protection measures referred to in subsection 36a (3);
Copyright 79 (i) remove or alter any electronic rights management information referred to in section 36B without permission; or (j) distribute, import for distribution or communicate to the public, without authority, works or copies of works in respect of which electronic rights management information has been removed or altered without permission, unless he can prove that he had acted in good faith and had no reasonable grounds to mengagakkan that the copyright or right of the perpetrator will or may be violated, commits an offence and shall on conviction be — (i) in the case of an offence under paragraph (a) to (f) , * liable to a fine of not less than two thousand dollars and not more than twenty thousand dollars for each infringing copy, or to imprisonment for a term not exceeding five years or to both and for any subsequent offence * * fine not less than four thousand dollars and not more than forty-thousand dollars for each infringing copy or to imprisonment for a term not exceeding ten years or to both;
(ii) in the case of an offence under paragraph (g) and (ha), * * * liable to a fine of not less than four thousand dollars and not more than forty-thousand dollars for each of the inventions in respect of which offence has been committed or to imprisonment for a term not exceeding ten years or both and for any subsequent offence to a fine of not less than † eight thousand dollars and not more than eighty thousand dollars for each of the inventions in respect of which offence has been committed or to imprisonment for a period not more than twenty years, or both;
* NOTE — Formerly "a fine not exceeding ten thousand dollars" – see the copyright (Amendment) Act 2003 [Act A1195].
* * RECORDS — Formerly "a fine not exceeding twenty thousand dollars" – see the copyright (Amendment) Act 2003 [Act A1195].
RECORDS — Formerly "a fine not exceeding twenty thousand dollars" – see the copyright (Amendment) Act 2003 [Act A1195].
† RECORDS — Formerly "a fine not exceeding forty thousand dollars" – see the copyright (Amendment) Act 2003 [Act A1195].
80 laws of Malaysia Act 332 (iii) in the case of an offence under paragraph (h), (i) and (j), to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or both * and for any subsequent offence, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding * * ten years or both.
(2) for the purposes of paragraph 1 (a) to (f), any person who has in its 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 deemed to own or import the copy for any uses other than for private or domestic use.
(3) any person who causes a literary or music, sound or film recording performed in front of the public, commits an offence under this section unless he can prove that he had acted in good faith and had no reasonable grounds to mengagakkan that copyright will or may be infringed.

(4) where an offence under this section committed by a body corporate or by a person who becomes a partner in a firm, every Director, Chief Executive Officer, Chief Operating Officer, Secretary, Manager or other officer of the body corporate that is similar or of every other partner in the firm or means to act in any such property or in any way or be liable to any extent for the management of the Affairs of the Corporation or the firm or assist in the management of such , as the case may be, shall be deemed to be guilty of that offence and may be charged separately or in association in the proceedings the same corporate body or the firm unless he proves that the offence was committed without the consent or pembiarannya and that he has conducted all due diligence to prevent the Commission of the offence.
* NOTE — Formerly "three years" – see the copyright (Amendment) Act 2003 [Act A1195].
* * RECORDS — Formerly "five years" – see the copyright (Amendment) Act 2003 [Act A1195].
Copyright 81 compounding of offences 41A. (1) the controller or the Deputy Controller or any person authorized by the Controller in writing may by written consent of the public prosecutor mengkompaunkan any offence under any subsidiary legislation made under this Act that is designated as an offence that can be compounded by accepting of people reasonably suspected to have committed such offence a sum of money not exceeding the specified amount.
(2) upon receipt of payment under subsection (1), no further proceedings may be taken against that person in respect of the offence and if the ownership of such goods has been taken, the goods can be released, subject to any conditions imposed by the terms of compounding.
(3) (Cut by the Act A1139).
Affidavit is admissible in evidence 42. (1) Affidavit, certified extracts from the register of valid Copyright referred to in section 26B or statutory declaration to be made before any person having authority to conduct sworn by or on behalf of any person who admits that he is — (a) the owner of the copyright of any eligible works protected by copyright under this Act which States that — (i) at the time specified therein copyright exists on the works;
(ii) he or the person named therein is the owner of the copyright; and (iii) a copy of the work which is enclosed herewith affidavits or statutory accounts is the original copy of the work; or 82 laws of Malaysia Act 332 (b) the perpetrator in decent performances protected by the rights of performers under this Act which States that — (i) at the time specified therein the right performers exist on the show;
(ii) he or the person named therein is the perpetrator; and (iii) a copy of the documents accompanying the-same affidavit or statutory declaration that was the documents proving that he or the person named in it have been performing in the show, may be received in evidence in any proceedings under this Act and shall be prima facie evidence of the facts contained therein.
(2) any person authorized to act on behalf of the owner of the copyright or the perpetrator for the purpose of subsection (1) shall be required to indicate in writing that allow it to act so.
(3) (struck by A1082 Act).
penalty 43. Any person who commits an offence under this Act or any regulations made thereunder for which no special penalty is provided, shall, on conviction * fine not less than ten thousand dollars and not more than l t ima thousand ringgit or to imprisonment for a term not exceeding * * five years or both.
* NOTE — Formerly "a fine not exceeding twenty-five thousand dollars" – see the copyright (Amendment) Act 2003 [Act A1195].
* * RECORDS — Formerly "three years" – see the copyright (Amendment) Act 2003 [Act A1195].
Copyright 83 Part VIa ANTIRAKAMAN CAMERA Offence relating to antirakaman camera 43A. (1) any person who runs a Visual recorder in the room penayangan to record any movies for wholly or partly guilty of an offence and shall on conviction be liable to a fine of not less than ten thousand dollars and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
(2) any person guilty of attempting to commit an offence under subsection (1) shall on conviction be liable to a fine of not less than five thousand dollars and not more than fifty thousand dollars or to imprisonment for a term not exceeding one year or to both.
(3) for the purposes of this section — "Visual recorder" means any tool that able to record or projecting a movie the picture or any part thereof;
"movie" means film;
"penayangan rooms" means any place used for display or display movie pictures, including cinema pictures.
Part VIB LIMITATION LIABILITY Of SERVICE PROVIDERS Interpretation 43b. For purposes of this part — "other network" means any type of network can be connected with the main network;
84 laws of Malaysia Act 332 "Court" means the High Court in Malaysia;
"an electronic copy", in relation to any work, means a copy of the work in electronic form and include the original version of the work in the form of the on networks;
"the startup network" means the network of other from whom a copy of the electronic starting;
"major networks", in relation to service providers, means a network controlled or operated by or for the service provider;
"Routing" means the direct or choose means or way for data transmission;
"service providers" — (a) for the purposes of section 43c, means a person rendering services in connection with, or hold a hook-up for, access, transmission or routing of data; and (b) for the purposes of this part other than section 43c, means a person that gives, or operate facilities for, online services or network access and includes a person referred to in paragraph (a).
transmission, routing and connectivity of procurement 43c. (1) the service provider shall not be liable for infringement of copyright in any work if the violation occurred by reason of — (a) transmission or routing, connectivity, or procurement by the service provider for the electronic copy of the work through its main network; or Copyright 85 (b) any storage of electronic copies of works of the transitory by the service provider in the course of transmission, routing or the continuation of procurement: provided that — (A) an electronic copy of the transmission works initiated by or at the direction of someone other than the service provider;
(B) the transmission, routing, extension or the storage procurement is carried out through an automatic technical process without any selection of electronic copies of works by the service provider;
(C) the service provider does not select the recipients of electronic copies of the work, except as an automatic response to the request of another person; or (D) the service provider shall not make any alteration, other than modifications made as part of a technical process, the contents of the current electronic copies of works through the main network pemancarannya.
(2) where infringing material has been identified as originating from an online location outside Malaysia or from a specific account and if the Court is satisfied that subsection (1) applies for the service provider, the Court may order service providers — (a) to take reasonable steps to disable access to an online location that is physically located outside Malaysia; or (b) to terminate that particular account.
86 the laws of Malaysia Act 332 System caching 43d. (1) the service provider shall not be liable for copyright infringement for manufacturing any electronic copies of works in its main network if he — (a) from a copy of the electronic works available in a network startup;
(b) by an automatic process;
(c) response to an action by its main network users; or (d) to facilitate efficient access to works by a user: provided that — (A) the service provider does not make any substantive modifications, other than modifications made as part of a technical process, electronic copy of content during transmission the copy to the user its main network or other network; and (B) the service provider meets any other conditions as determined by the Minister in relation to — (i) access to electronic copies by users its key network or other network;
(ii) freshens again, load or electronic copy of the updates; and (iii) the absence of interference on the technology used in the startup network for information about the use of any works on the network startup, which is a technology which is consistent with industry standards in Malaysia.
Copyright 87

(2) the service provider shall not be liable under this section if the copyright owner or his agent does not provide any notification under section 43h.
Storage and equipment location information 43e. (1) the service provider shall not be liable for infringement of copyright in any work if the violation occurred by reason of — (a) an electronic copy of the works stored on the orders of a major network users;
(b) service providers refer or link a user to a site online in the startup network where electronic copies of works that become available with the use of tools such as information location hiperlink or directory, or a service location information as a search engine, if — (i) the service provider — (A) does not have actual knowledge that the electronic copy of the work or activity that is infringing; or (B) in the absence of actual knowledge, is not aware of facts or circumstances of which the infringing activity that turns out;
(ii) the service provider does not receive any financial benefits that can be linked directly with the copyright infringement in the work that takes place in, or in the electronic works, making it available in its main network or other network, and that the service provider does not have the right and ability to control the infringing activity; and (iii) upon notification of any breach under section 43h is received, the service provider provide a response within the time specified to remove or disable access to the material that is claimed as a violation or infringement activities matter.
88 the laws of Malaysia Act 332 (2) in determining whether a financial interest can be linked directly with the breach of copyright in the work, the Court shall take into account — (a) industrial practices relating to imposition of costs for services by the service provider;
(b) whether the financial interest is greater than the benefits usually arise from the imposition of costs according to industrial practices that already received; and (c) any other matters deemed relevant by the Court.
(3) the service provider shall not be liable under this section if the copyright owner or his agent does not provide any notification under section 43h.
waiver service provider from liability for removal of a copy or other activities from network 43f. (1) service providers acting in compliance with subsection 43h (1) and in accordance with this section shall not be subject to any liability in respect of an action taken in good faith in relation to — (a) the removal of electronic copies of works whose primary network; or (b) pelumpuhan access to electronic copies of the work in its main network or other network.
(2) where a copy of the electronic work has been removed or disabled simultaneously broadening access under subsection (1), the service provider shall notify, so far as practicable, the person who has prepared the electronic copy on the action taken by the service provider and attach thereto a copy of the notification a merit pursuant to subsection 43h (1).
Copyright 89 (3) Notwithstanding anything to the contrary, if — (a) by reason of a solution between the owner of the copyright of the work, with people providing electronic copies of the work, the service provider receives written notification from any party to return copies of the electronic network or restoring access to the copy; or (b) the person who provides electronic copy of the work be judged by any court or tribunal as the owner of the copyrighted legal service providers should, se the extent practicable — (A) return the copy of the work in electronic network primarily; or (B) return the access to electronic copies of the work in its main network or other network: provided that the service providers are equipped with proper documentation relating to the settlement between the parties or the judgment or decision of the Court or the tribunal.
(4) the service provider shall not be counted as having been allowed the doing of any act in violation of copyright under this act solely by reason of service providers provide facilities that were used by a person to do an act infringing it.
Information about the service provider 43g. (1) in providing services to the user, the service provider shall make available the following information in a way that can be accessed by any person using the services: (a) the name and address of the service provider; and (b) the details of and details of the agent designated to receive any complaints or notices with respect to allegations of copyright infringement.
90 laws of Malaysia Act 332 (2) non-compliance with subsection (1) by the service provider is not mengehakkan the service provider to rely on the protection provided under this section.
notification by the owner of the copyright and the effect 43h. (1) If an electronic copy of any work that can be accessed in a network breach of copyright of a work, the owner of the copyright has been violated it can tell that network service providers about such violation by issuing a notification to service providers in such manner as the Minister may determine, require service providers to remove or disable any access to electronic copies of the network service providers : provided that the copyright owner shall undertake to memampasi the service provider or any other person for any loss, damage or liability arising from compliance with the notification by the service provider.
(2) the service provider has received a notification under subsection (1) shall remove or disable any access to electronic copies in violation of the network not later than forty-eight hours from the time the notification was received.
(3) electronic copy of the work has been removed or access to it has been disabled in accordance with subsection (2) may issue to the service provider a notification reply in the manner determined by the Minister, requiring the service provider to return the electronic copies or access to it in the main network service providers: provided that such person shall undertake to memampasi the service provider or any other person for any loss , loss or liability arising from compliance with the reply notification by the service provider.
Copyright 91 (4) the service provider shall be — (a) upon receipt of a counter notification promptly give notification producer under subsection (1) a copy of the counter notification and inform the manufacturer that the proscribed materials or access to such materials will be returned within a period of ten working days; and (b) return the material removed or access to it not less than ten working days following receipt of the counter notification, unless the service provider has received a notification of the issuer notification under subsection (1) that he or she has filed an action seeking a court order to hold the manufacturer notification reply under subsection (3) from engaging in any activities of infringement relating to material on the network service provider.
(5) notification reply shall be issued to the agent appointed for service providers that contains the following information: (a) a physical or electronic signature of the Subscriber;
(b) the introduction of material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it disabled;
(c) a statement under penalty of perjury that the producer in good faith believe that such materials be eliminated or crippled from errors or false identification materials will be eliminated or crippled it; and (d) the name, address, telephone number and a statement that the manufacturer the manufacturer agrees to the jurisdiction of the courts of the place is the location of the address, or if the address of the manufacturer is outside Malaysia, where the service provider may be found, and that the Subscriber will accept service of process from the person who gives notification under subsection (1) or an agent of such person.
92 the laws of Malaysia Act 332 maker false notice commits an offence and is liable for damages 43i. (1) If a person who makes a notification pursuant to section 43h makes any statement which is false, that he knows is false or not he is real, and that touching any matter which is important for the goals of the notification — (a) he has been guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both; and (b) he is liable to pay compensation to any person who suffers any loss or damage as a result of the making of the notification.

(2) subsection (1) shall apply whether or not the statement was made in Malaysia or not, and if someone makes a statement outside Malaysia, he can be operated under paragraph (1) (a) as if the offence committed in Malaysia.
Part VII ENFORCEMENT Entry with warrant or otherwise 44. (1) in every case where the information given on oath to any magistrate that there is reasonable cause to suspect that in any home or premises any infringing copy or any design that is used or intended to be used for making infringing copy, or that can be used for the purpose of making infringing copy, or any article, vehicles, books or other documents thereto or in connection therewith any offence has been committed under section 41 , a magistrate may issue a warrant signed by him with 93 and Copyright by virtue of the warrant any Assistant Guards or police officer not below the rank of Inspector named or referred to in the warrant can enter the House or premises at any reasonable time during the day or night and search for and seize any infringing copy, design, articles , a vehicle, a book or document: provided that if an Assistant Controller or a police officer not below the rank of Inspector is satisfied on information received that she had reasonable grounds to believe that by reason of delaying in order to get a search warrant, any copy, design, articles, vehicles, books or documents that have been or will be used to commit an offence under this Act may be moved or destroyed , he can enter the home or premises without a warrant and seize any copy, design, articles, vehicles, books or such documents from within the home or premises.
(1a) an Assistant Controller or a police officer not below the rank of Inspector who enter any home or premises by virtue of subsection (1) may carry with it other people and equipment as it deems necessary; and when leaving any home or premises that he enters he shall, if the House or premises not occupied or residents temporarily, leaving home or premises by community survived from intruders as home or premises it when he discovered it.
(2) an Assistant Controller or a police officer not below the rank of Inspector who made the search can seize any infringing copy, copies of which are suspected of infringing copy, design used or proposed to be used for making infringing copy or can be used for the purpose of making infringing copy, or any article, vehicles, book or other document and if any copy, design, articles , a vehicle, book or document is seized, he shall produce it in front of a magistrate, and when submitted magistrate shall direct that it 94 laws of Malaysia Act 332 kept in the custody of the controller or of the Assistant Controller or the police for the purposes of any investigation or prosecution under this Act: provided that if, upon any such seizure, any copy, design, articles, vehicles, books or documents are kept in the custody of the controller or of the Assistant Guards or police and if it is found , by reason of the type, size or the lesser, that it is not practical to produce it in front of the magistrate, it shall be sufficient for the purposes of this subsection in respect of the seizure that reported to the magistrate.
(3) if it is found, by reason of the type, size or the lesser, that it is not practical to move from the place it was found the document or thing seized by an Assistant Controller or a police officer not below the rank of Inspector and Assistant Controller or police officer has been avoiding the article or document is in the premises or container in the venue it was found according to the provisions of section 47 , it is sufficient for the purposes of submitting an article or the document in front of a magistrate under subsection (2) for the seizure is reported to the magistrate or magistrate sees things or documents within such premises or container it.
Convene the admission, transfer and detention of 45. Any Assistant Guards or police officer not below the rank of Inspector in the exercise of its powers under section 44 if it is necessary to do so may — (a) break any external door or in a dwelling house or any other premises and access;
(b) using violence to enter the place and every part thereof;
(c) transfer by using force any obstruction to the entry, search, seizure and removal which he is empowered to convene; and (d) detain every person found in that place until it has been searched.
Copyright 95 access to computer data or digital 45A. (1) any Assistant Guards or police officer not below the rank of Inspector shall, in the exercise of its powers under section 44, if necessary, be given access to a computer or digital data either stored in your computer or any other medium.
(2) for the purposes of this section, "access" includes a given password required, code encryption, encrypting code, software or hardware, and any other means required to enable computer data is understandable.
A list of items seized 46. (1) the Assistant Guard or police officer not below the rank of Inspector who seizes any infringing copy, any copy of a suspected is a infringing copy, design, articles, vehicles, book or document under this section shall prepare a list of items that have been seized and forthwith deliver a copy of the signed by him or his agent or the person his salary in the premises.
(2) if the premises are not occupied, the Assistant Guard or police officer not below the rank of Inspector shall, where possible, goods put a list of the items seized in the premises.
penyelakan goods 47. If it appears to an Assistant Controller or a police officer not below the rank of Inspector that it is not practical to transfer from a place that axis Mundi, any article or document seized by him in the exercise of its powers under this Act, by reason of the nature, size or lesser then he can in any way whatsoever prevent goods or document is in the premises or container in which it was found and it shall be an offence for a person without a valid authorization , break down, interfere with or damage the lak or transfer goods or such documents or try to do so.
96 laws of Malaysia Act 332 Obstruction of searches, etc.
48. Any person who — (a) does not permit any Assistant Guards or police officer not below the rank of Inspector access to any place;
(b) attack, menggalang, prevent or delay any of the Assistant Guard or police officer not below the rank of Inspector, in organizing any admission that he reserves the right to convene under this Act, or in the execution of any duty imposed or power conferred by this Act;
(c) refuses to give to any Assistant Guards 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 that reasonably may be required of it, is in its knowledge or he has the power to give;
(d) with intent to deceive any public officer in carrying out the provisions of this Act, or for the purpose of obtaining or influence the conduct or omission of anything in relation to this Act, willfully give any false information or makes any statement which is false and which he either knows or believes to be false or does not believe as as true; or (e) in the affidavit or statutory declaration referred to in subsection 42 (1), make any statement that is false, and which he either knows or believes to be false or does not believe as being true, touching any matter material to the purpose for which the affidavit or declaration is made or used under subsection 42 (1), commits an offence.
Copyright 97 Warrant is admissible even if flawed, etc.
49. A warrant issued under this Act is valid and enforceable notwithstanding any defects, errors or omissions in the warrant or in the application for the warrant and any copy, design, articles, vehicles, books or documents seized under the warrant may be admissible in evidence in any proceedings under this Act.
The authority investigates 50. (1) any Assistant Guards or police officer not below the rank of Inspector has authority to investigate any offence committed under this Act or any subsidiary legislation made thereunder.

(2) any Assistant Guards or police officer not below the rank of Inspector may, in relation to any investigation in respect of any offence under this Act or any subsidiary legislation made thereunder, exercise special powers in relation to police investigation in the case can capture provided under criminal procedure code [Act 593].
The power of arrest 50A. (1) any Assistant Controller may arrest without warrant any person who is reasonably believed to have committed or attempted offence may arrest under this Act or any regulations made thereunder.
(2) any Assistant Controller who made the arrest under subsection (1) shall without unnecessary delay does not have to deliver the person arrested to the nearest police officer or, if no police officer, leading the person to the nearest police station, and thereupon such person shall be dealt with as provided by the law relating to criminal procedure in force as if he was arrested by a police officer.
98 laws of Malaysia Act 332 power to intercept communications 50b. (1) Notwithstanding the provisions of any other written law, Prosecutor, if he thinks that any communication is likely to contain any information relevant for the purposes of any investigation of an offence under this Act or by the subsidiary legislation may, on the application of Assistant Controller or a police officer not below the rank of Inspector, allowing the officer to intercept or hear any communication transmitted to or received by any communication.
(2) when a person is charged with an offence under this Act or its subsidiary legislation, any information obtained by the Assistant Guard or police officer under subsection (1), whether before or after the person charged, shall be admissible as evidence in his trial.
(3) approval by the Prosecutor under subsection (1) may be given either orally or in writing; But if oral permission is given, the public prosecutor shall, as soon as reasonably practicable, alter the truth into writing.
(4) a certificate by the Prosecutor stating that the action taken by the Assistant Guard or police officer under subsection (1) has been granted by it under that subsection is conclusive evidence that he had allowed such, and such certificate shall be received in evidence without proof of his hand.
(5) No person shall be under any obligation, responsibility or liability, or by any manner whatsoever forced, to disclose in any proceeding procedure, rules, style or manner, or any matter related to it, anything that is done under subsection (1).
Admissibility of statements 51. (1) Notwithstanding the provisions of any written law to the contrary, if a person charged with an offence under this Act, any statement whether Copyright 99 that statement is about addressing to a confessions or not or orally or in writing, made at any time, whether before or after the person charged with and whether during the continuance of an investigation under this Act or not or whether not the whole or a portion of it to answer 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 translated to him by an Assistant Controller, a police officer not below the rank of inspector or any other person concerned or not in that case is admissible as evidence in his trial and, if that person offers himself as a witness , any statement that may be used in cross-examination and for the purpose of challenging the truth: provided that — (a) no such statement is admissible or used as mentioned above — (i) if the making of the statement it appears to the Court to have been caused by any inducement, threat or promise about the charge against such person, who comes from a person in authority and which in the opinion of the Court sufficient to give that person the grounds on which it appears to him is reasonable for mengagakkan that by making the statement he will get any of the benefits or to avoid any mischief from the worldly types relating to proceedings against him that; or (ii) on a statement made by that person after he was arrested, unless the Court is satisfied that he has been warned with the following words or words to that effect: "it is my duty to warn you that you are not obliged declare something or answer any question, but anything you specify, whether as answering a question or not , may be given in evidence. "; and the 100 laws of Malaysia Act 332 (b) a statement made by any person before could he be warned should not be made as to be inadmissible in evidence merely by reason of her not be warned if he be warned as soon as possible.
(2) Notwithstanding the provisions of any written law to the contrary, a person accused of an offence to which subsection (1) applies is not obliged to answer any questions relating to the case after he was given a warning.
Evidence of agent provocateur acceptable 51A. (1) Notwithstanding any other law or pillars of law to the contrary, no agent provocateur can be regarded as unreliable just because she tried to an accomplice or was an accomplice in committing an offence by any person under this Act if attempting to aiding and abetting or pensubahatan that is solely for the purpose of obtaining evidence against that person.
(2) Notwithstanding any other law or pillars of law to the contrary, any statement, whether oral or in writing made to the agent provocateur by any person who subsequently charged with an offence under this Act shall be received in evidence in his trial.
disclosure of information 52. If someone discloses to any other person any information which has been obtained by it in accordance with this Act, he commits an offence, unless the disclosure is made in or for the purpose of performing its functions and duties under this Act.
Copyright 101 whistleblowing 52A. (1) any person who — (a) know or have reason to suspect that one of the Assistant Guard or police officer not below the rank of Inspector is currently acting, or proposing to act, in connection with an investigation that is being, or will be, carried out under or for the purposes of this Act and disclose to any person information or any other matters that may affect the investigation or investigation of a proposed; or (b) knows or has reason to suspect that a disclosure has been made to an Assistant Controller or police officer under this Act and disclose to any person information or any other matters that may affect any investigation that might be conducted following the disclosure that, guilty of an offence under this Act.
(2) no nothing in subsection (1) makes an offence for a person is a barrister and solicitor or employees to disclose any information or other matter — (a) to its customers or its representatives in connection with the provision of advice to the customers in the course of and for the purposes of professional services advocates and lawyers that way; or (b) to any person in anticipation of, or in connection with and for the purposes of any legal proceedings.
an initial prosecution 53. No prosecution for any offence under this Act shall be instituted except by or with the consent in writing of the Prosecutor.
102 the laws of Malaysia Act 332 foreclosure article 54. (1) any articles, vehicles, books, documents, or copies of the invention, which has been seized pursuant to this Act shall be seized.
(2) the Court try any person accused of an offence under this Act shall be upon completion of the trial, whether the accused offender convicted or not, ruling that any articles, vehicles, books, documents, or copies of the invention, which was seized from the person that disposed of, or in the case of infringing copy, submitted to the copyright owner, the first assignee or exclusive licensee , as the case may be.
(3) if there are any prosecution of any articles, vehicles, books, documents, or copies of the invention, which was seized during the powers conferred under this Act are conducted, articles, vehicles, books, documents, or copies of the design shall be calculated and be deemed to have seized upon the expiration of one calendar month from the date it is seized, unless a claim has been made before that date in the manner set out hereinafter.

(4) any person who asserts that he is the owner of the article, vehicles, books, documents, or copies of design that has been seized under this Act and articles, vehicles, books, documents, or copies of the invention shall not be confiscated may be by itself or through its agent authorised in writing by it, give notice to the Assistant Controller of the claim.
(5) when the Assistant Controller receives a notice under subsection (4), he shall refer the notice to the Controller may, after conducting the investigation as he thinks necessary, leading articles, vehicles, books, documents, or copies of the design discharge or requisition or refer the matter to the Court for a decision.
Copyright 103 (6) the Court to which the matter is referred shall issue a summons requiring the person who insists that he is the owner of the article, vehicles, books, documents, or copies of the design and to the person from whom articles, vehicles, books, documents, or copies of the invention, was seized for presenting themselves before the Court and when he entered his presence or defaults to enter his presence which has proven that the summons was sent accordingly , the Court shall proceed with the examination on the matter and when proven an offence has been committed under this Act or any subsidiary legislation made thereunder and articles, vehicles, books, documents, copies of the invention, or is or has been used to commit the offence, shall be directed so that articles, vehicles, books, documents, or copies of the invention, the foreclosed or may, if the absence of such proof so, leading articles, vehicles, books, documents, or copies of the design released to who is entitled to it.
(7) any articles, vehicles, books, documents, or copies of the invention, which confiscated or deemed to have been confiscated shall be submitted to the Controller who shall dispose of it in such manner as he thinks fit or delivering it to the copyright owner, the first assignee or exclusive licensee, as the case may be.
inspection rate article was seized received 55. (1) if the packaging or container containing suspected copy is infringing copy or otherwise can be seized was seized, it is sufficient to open and inspect only one percent or any five copies, whichever is less, the contents of each package or container seized it.
(2) the Court shall presume that the remaining copies of the packaging or container that is of the same type of copies that have been inspected.
104 the laws of Malaysia Act 332 Protect whistleblowers from known 56. (1) except as hereinafter provided, no witness in any civil or criminal proceedings is obliged or permitted to disclose the name or address of the whistleblower or the content and type of information received therefrom or to express any thing that might bring him known.
(2) if any books, documents or letters under the evidence or that can be inspected, in any civil or criminal proceedings, contain any record that naming or describing the whistleblower or that might lead to him are known, the Court shall cause all such quotes be hidden from view or deleted to the extent that it is necessary to protect the informer of the unknown.
(3) if upon the trial of any offence under this Act or any subsidiary legislation made thereunder, the Court after a full investigation of the case believe that the whistleblower in illegal law made in aduannya a statement material he knows or he is fake or not believed as true, or if in any other proceedings the Court is of the opinion that justice cannot be carried out solely between the parties concerned without the identity of the informer is known , then it shall be lawful for the Court to require the original complaint if written submission, and allow the investigation and receive full disclosures about the informant.
cover for the Assistant Controller and police officer 57. No action or prosecution can be taken, instituted or brought in any court against any of the Assistant Guard or police officer not below the rank of Inspector for or by reason of or in respect of any action ordered or performed for the purpose of implementing this Act, and no suit or prosecution may be allowed to be brought in any court against any person for or by reason of or in respect of any act done or alleged to have been committed by him 105 Copyright under orders, instructions or indications of any Assistant Guards or police officer not below the rank of Inspector for any purpose as aforesaid: provided that the action was done in good faith and with a reasonable belief that it is necessary for the purposes proposed for implementation with it.
Part VIII MISCELLANEOUS 58. (Struck by A952 Act).
regulations 59. The Minister may make regulations for carrying out the provisions of this Act.
extension of application of Act 59A. (1) the Minister may make regulations to wear any of the provisions of this Act specified in the regulations, in relation to a country specified in the regulations (in this section referred to as "specified country"), which may be or may not be a party to a treaty or members of any Convention or Union in connection with the copyright or right of the perpetrator to which Malaysia is a party or a member of , to ensure that such provision — (a) apply in relation to works of literature, music or art, or a movie or sound recording, or the published editions of literary, musical or artistic works that are first published in the country stated that as they apply in relation to works of literature, music or art, or a movie or sound recording, or the published editions of literary, musical or artistic works that are first published in Malaysia;
106 the laws of Malaysia Act 332 (b) apply in relation to persons who, at the material time specified in the regulations, is a citizen of or resident in the country, stated that as they apply in relation to persons who, at the time, was a citizen, or permanent resident in, Malaysia;
(c) apply in relation to a body corporate incorporated under the laws of the country stated that as they apply in relation to a body corporate established in Malaysia and becomes or vested with legal personality under the laws of Malaysia;
(d) apply in relation to a broadcast transmitted from the country stated that as they apply in relation to a broadcast transmitted from Malaysia;
(e) apply in relation to works of architecture erected in the country stated that or any other artwork which is set in the building which is located in the country stated that as they apply in relation to works of architecture erected in Malaysia or any other artwork which is set in the building which is located in Malaysia;
(f) apply in relation to every work eligible for copyright if the work is made in the country stated that as they apply in relation to every work eligible for copyright if the work is made in Malaysia;
(g) apply in relation to derivative in the country stated that as they apply in relation to a derivative in Malaysia; and (h) apply in relation to performances made in the country stated that as they apply in relation to performances in Malaysia.
(2) a reference in paragraph (1) (a) of works first published in a country specified shall be covering works first published elsewhere but published in the country stated that within thirty days from such publication elsewhere.
Copyright 107 (3) regulations made under subsection (1) may wear of this Act — (a) in relation to a specified country other than Malaysia, subject to such exceptions or modifications as may be specified in the regulations;
(b) either generally or in relation to the class of works or other subject matter as set out in the regulations.
(4) regulations made under subsection (1) may provide for the adoption of the regulations relating to work or presentation, as the case may be, made before the date of Malaysia to become a party to a treaty or a Convention or a member of the Union in respect of the copyright or the rights of the perpetrator as they apply in relation to works or performances, as the case may be, made after that date.

(5) regulations made under subsection (1) shall not be construed as restart any copyright or the rights of the perpetrator which has expired under the law of the country stated that before the date of Malaysia to become a party to a treaty or a Convention or a member of the Union in respect of the copyright or the rights of the perpetrator.
(6) the Minister shall not make a regulation under this section who wore any provisions of this Act in respect of a specified country, other than a country stated that parties to a treaty or members of any Convention or Union in connection with the copyright or right of the perpetrator to which Malaysia is a party or a member, unless the Minister is satisfied that , with respect to the class of works or other matter intended by the provision, the provision has been or will be made under the law of the country stated that according to him adequate protection will be given to the owner of copyright or performers under this Act.
108 the laws of Malaysia Act 332 (7) if only due to the peratuan regulations made under subsection (1), copyright exists in the work that has been made or the perpetrator's rights exist for the presentation made before the currency peratuaran the regulations, no anything done before the currency regulations will be considered in breach of copyright or performers ' rights , as the case may be.
Minister's power to exclude from the definition of "broadcast" 59b. (1) the Minister may, by order, exempt from the definition of "broadcast" in relation to transmission through any of the following services: (a) interactive services;
(b) internal business services;
(c) individual domestic service;
(d) on-premises service singly occupied other than as a business facilities;
(e) the services rendered to those who hold a broadcasting services by way of wires or hold plans for such service.
(2) the Minister may, by order, amend subsection (1) so added or deleted the exemption referred to in that subsection.
Saving of 60. (1) there is nothing in this Act affects any right or privilege of any person, including the Government, under any written law, except in so far as the law is repealed, amended or modified with the fact by or are inconsistent with this Act.
Copyright 109 (2) there is nothing in this Act affects the right of the Government of Malaysia, or any person who obtains ownership from the Government to sell, use or otherwise manage articles confiscated under laws related to customs, including articles such this Act confiscated or any written law repealed by this Act.
repeal 61. The Copyright Act 1969 [Act 10] is repealed: provided that — (a) no anything contained in this Act shall affect the liability of any person who will be prosecuted or punished for an offence committed under the repealed Act before the currency of this Act, or any proceeding brought or punishment imposed before that day in respect of the offence;
(b) any proceedings whether civil or criminal, or cause of action is pending or existing immediately before the start the currency of this Act may be continued or commenced under the repealed law as if this Act had not been made;
(c) any right, privilege, obligation or liability acquired, accrued or done under the repealed Act and any legal proceedings (civil or criminal) or remedy with respect to the rights, privileges, obligations or liabilities is not affected and any legal proceedings or remedy that can be started or enforced under relevant provisions in this Act.
110 laws of Malaysia Act 332 laws of MALAYSIA Act 332 Copyright Act 1987 LIST AMENDMENT of laws that amend the short title of the Act in force A775 Copyright Act (Amendment) 1990 01-10-1990; with the exception of s. 2, paragraph 3 (a), 3 (c), 3 (e), s. 4, paragraph 5 (a), 10 (a), s. 15, 17, 18, 20, 21 and 22:01-12-1987 A952 Act Copyright Act (Amendment) 1996 01-09-1999 A994 Act Copyright Act (Amendment) 1997, 01-04-1999 A1082 Act Copyright Act (Amendment), 2000 15-08-2000 A1139 Act Copyright Act (Amendment), 2002 03-03-2003 P.U. (A) 277/2003 Order of revision of laws (correction of the Copyright Act 1987) order 2003 25-07-2003 A1195 Act Copyright Act (Amendment) 2003 01-10-2003 p. u. (B) 508/2010 Copyright Act-1987 Correction 18-11-2010 A1420 Act Copyright Act (Amendment) 2012 01-03-2012 Copyright 111 laws of MALAYSIA Act 332 Copyright Act 1987 LIST SECTION AMENDED Section Power Amend with effect from 2 Act A775 01-12-1987 3 Act A775 01-12-1987 01-10-1990 Act A952 01-09-1999 Act A994 01-04-1999 Act A1082 15-08-2000 A1139 Act 03-03-2003 Act A1195 01-10-2003 Act A1420 01-03-2012 4 Act A1082 15-08-2000 Act A1420 01-03-2012 5 A1139 Act 03-03-2003 Act A1420 01-03-2012 7 A952 Act 01-09-1999 Act A994 01-04-1999 Act A1420 01-03-2012 8 A775 Act 01-12-1987 Act A1082 15-08-2000 Act A1420 01-03-2012 9 Act A775 01-12-1987 01-10-1990 Act A1420 01-03-2012 10a A1082 Act 15-08-2000 13 Act A775 01-10-1990 Act A994 01-04-1999 Act A1082 15-08-2000 Act A1420 01-03-2012 112 laws of Malaysia Act 332 Section Power Amend with effect from 13a A952 Act 01-09-1999 13B A952 Act 01-09-1999 Act A1420 01-03-2012 13c A952 Act 01-09-1999 Act A1420 01-03-2012 15 Act A775 01-10-1987 Act A994 01-04-1999 16a A1082 Act 15-08-2000 Act A1420 01-03-2012
16B A1082 Act 15-08-2000 Act A1420 01-03-2012 17 Act A994 01-04-1999 Act A1082 15-08-2000 18 Act A1082 15-08-2000 19 Act A1082 15-08-2000 20 Act A1082 15-08-2000 21 Act A994 01-04-1999 22 Act A1082 15-08-2000 A1139 Act 03-03-2003 23 of the A1082 15-08-2000 23a A1082 Act 15-08-2000 Act A1420 01-03-2012 23B A1082 Act 15-08-2000 24 Act A775 01-10-1990 25 Act A994 01-04-1999 25a A1082 Act 15-08-2000 26a-26c Act A1420 01-03-2012 Copyright Power Section 113 Amended effective from 27a Act A952 01-09-1999 Act A1082 15-08-2000 Act A1420 01-03-2012 27aa A1420 Act 01-03-2012 27B Sizzler anti-ship A952 Act 01-09-1999 27 c A952 Act 01-09-1999 Act A1420 01-03-2012 27d A952 Act 01-09-1999 Act A1420 01-03-2012 27e A952 Act 01-09-1999 27f A952 Act 01-09-1999 27g A952 Act 01-09-1999 27h A952 Act 01-09-1999 Act A1082 15-08-2000 27i-27l Act A952 01-09-1999 28 Act A1420 01-03-2012 29 Act A952 01-09-1999 Act A1420 01-03-2012 30 Act A952 01-09-1999 Act A1420 01-03-2012 30a A952 Act 01-09-1999 31 A1420 Act 01-03-2012 32 Act A952 01-09-1999 36 A775 Act 01-10-1990 Act A994 01-04-1999 Act A1420 01-03-2012-36a 36B A1420 Act 01-03-2012 114 laws of Malaysia Act 332 Section Power Amend with effect from 37-38 Act A1420 01-03-2012 39 A775 Act 01-12-1987 01-10-1990 Act A1082 15-08-2000 39a A1082 Act 15-08-2000 40 Act A1420 01-03-2012 A775 Act 41 01-10-1990 Act A994 01-04-1999 Act A1082 15-08-2000 Act A1195 01-10-2003 Act A1420 01-03-2012 41a A952 Act 01-09-1999 A1139 Act 03-03-2003 Act A1195 01-10-2003 42 A1082 Act 15-08-2000 Act A1420 01-03-2012
43 the Act A1195 01-10-2003 Part VIa A1420 Act 01-03-2012 43a A1420 Act 01-03-2012 Part VIB A1420 Act 01-03-2012 43B-43i A1420 Act 01-03-2012 44 A775 Act 01-10-1990 45a A1420 Act 01-03-2012 46 A775 Act 01-10-1990 48 A775 Act 01-10-1990 49 A775 Act 01-12-1987 Copyright Power Amend Section 115 in force from 50 A1195 Act 01-10-2003 Act A1420 01-03-2012 50a A1195 Act 01-10-2003 50B A1420 Act 01-03-2012 51a A1420 Act 01-03-2012 52a A1420 Act 01-03-2012 53 A1139 Act 03-03-2003 54 Act A775 01-10-1990 Act A1195 01-10-2003 55 A775 Act 01-12-1987 56 A775 Act 01-12-1987 58 A775 Act 01-10-1990 Act A952 01-09-1999 Act A994 01-04-1999 59 A775 Act 01-12-1987 59a A775 Act 01-12-1987 Act A1082 15-08-2000 59B A994 Act 01-04-1999 61 Act A775 01-12-1987 the overall Act A1420 01-03-2012