Copyright 1 LAWS OF MALAYSIA REPRINT Act 332 COPYRIGHT ACT 1987 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 COPYRIGHT ACT 1987 Date of Royal Assent ... ... ... ... ... 30 April 1987 Date of publication in the Gazette ... ... 21 May 1987 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 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. Controller, Deputy Controllers and Assistant Controllers PART II GENERAL PROVISIONS 6. No copyright except by virtue of this Act 7. Works eligible for copyright 8. Derivative works 9. Copyright in published editions of works 10. Qualification for protection 10A. Qualification for protection of performer 11. Copyright in works of Government, Government organizations and international bodies 12. Administration of Government copyright PART III NATURE AND DURATION OF COPYRIGHT 13. Nature of copyright in literary, musical or artistic works, films and sound recordings 4 ACT 332 Laws of Malaysia Section 13A. Design documents and models 13B. Effect of exploitation of design derived from artistic work 13C. Things done in reliance on registration of design 14. Nature of copyright in works of architecture 15. Nature of copyright in broadcasts 16. Broadcasting of works incorporated in films 16A. Nature of performers' right 16B. Equitable remuneration 17. Duration of copyright in literary, musical or artistic works 18. Duration of copyright in published editions 19. Duration of copyright in sound recording 20. Duration of copyright in broadcasts 21. (Deleted) 22. Duration of copyright in films 23. Duration of copyright in works of Government, Government organizations and international bodies 23A. Duration of performers' rights 23B. Duration of an equitable remuneration 24. (Deleted) 25. Moral rights 25A. Moral right of a performer PART IV OWNERSHIP AND ASSIGNMENT OF COPYRIGHT 26. First ownership of copyright 27. Assignment, licences and testamentary disposition PART IVA COPYRIGHT LICENSING 27A. Licensing schemes to which sections 27B to 27G apply 27B. Reference of proposed licensing scheme to Tribunal 27C. Reference of licensing scheme to Tribunal Copyright 5 Section 27D. Further reference of licensing scheme to Tribunal 27E. Application for grant of licence in connection with licensing scheme 27F. Application for review of order as to entitlement to licence 27G. Effect of order of Tribunal as to licensing scheme 27H. Licences to which sections 27I to 27L apply 27I. Reference to Tribunal of terms of proposed licence 27J. Reference to Tribunal of expiring licence 27K. Application for review of order as to licence 27L. Effect of order of Tribunal as to licence PART V COPYRIGHT TRIBUNAL 28. Establishment of Copyright Tribunal 29. Appointment of Chairman and members of Tribunal 30. Proceedings before the Tribunal 30A. Reference of questions of law to High Court 31. Licence to produce and publish translation 32. (Deleted) 33. Tribunal may request for information 34. No action to lie against Tribunal 35. Regulations relating to Tribunal PART VI REMEDIES FOR INFRINGEMENTS AND OFFENCES 36. Infringements 37. Action by owner of copyright and relief 38. Proceedings in case of copyright subject to exclusive licence 39. Restriction on importation of infringing copies 39A. Application of sections 36, 37, 38 and 39 to performers' right 40. Back-up copy of computer program 41. Offences 41A. Compounding of offences 6 ACT 332 Laws of Malaysia Section 42. Affidavit admissible in evidence 43. Penalty PART VII ENFORCEMENT 44. Entry by warrant or otherwise 45. Effecting entry, removal and detention 46. List of things seized 47. Sealing of things 48. Obstruction to search, etc. 49. Warrant admissible notwithstanding defects, etc. 50. Powers of investigation 50A. Power of arrest 51. Admissibility of statement 52. Disclosure of information 53. Institution of prosecution 54. Forfeiture of articles 55. Proportional examination of articles seized to be accepted 56. Protection of informers from discovery 57. Protection of Assistant Controllers and police officers PART VIII MISCELLANEOUS 58. (Deleted) 59. Regulations 59A. Extension of application of Act 59B. Power of Minister to exclude from definition of "broadcast" 60. Savings 61. Repeal Copyright 7 LAWS OF MALAYSIA Act 332 COPYRIGHT ACT 1987 An Act to make better provisions in the law relating to copyright and for other matters connected therewith. [1 December 1987,P.U.(B)586/1987] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Copyright Act 1987 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint and different dates may be appointed for the coming into force of different provisions of this Act. (2) This Act shall apply throughout Malaysia. Extent of application 2. (1) Subject to this section and section 59A and regulations made under section 59A, this Act shall apply in relation to works made before the commencement of this Act as it applies in relation to works made after the commencement of this Act: Provided that this section shall not be construed as reviving any copyrights which had expired before the commencement of this Act. 8 ACT 332 Laws of Malaysia (2) Where only by virtue of subsection (1) copyrights subsist in works that were made before the commencement of this Act, nothing done before the commencement of this Act shall be taken to constitute an infringement of those copyrights. (3) For the purposes of this section, a work the making of which extended over a period of time shall not be deemed to have been made before the commencement of this Act unless the making of the work was completed before such commencement. Interpretation 3. In this Act, unless the context otherwise requires-- "adaptation" includes any of the following, that is to say-- (a) in relation to a literary work, a version of the work (whether in its original language or a different language) in which it is converted into a dramatic work; (b) in relation to a dramatic work, a version of the work (whether in its original language or a different language) in which it is converted into a literary work; (c) in relation to a literary or dramatic work-- (i) a translation of the work; (ii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical; (d) in relation to a literary work in the form of a computer program, a version of the work, whether or not in the language, code or notation in which the work was originally expressed not being a reproduction of the work; (e) in relation to a musical work, an arrangement or transcription of the work; (f) in relation to a literary or artistic work, a version of the work (whether in its original language or a different language) in which it is converted into a film; Copyright 9 "appointed date" has the same meaning as is assigned to that expression in the Intellectual Property Corporation of Malaysia Act 2002 [Act 617]; "artistic work" means-- (a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality; (b) a work of architecture being a building or a model for a building; or (c) a work of artistic craftsmanship, but does not include a layout-design within the meaning of the Layout-Designs of Integrated Circuits Act 2000 [Act 601]; "Assistant Controller" means the person appointed or deemed to have been appointed to be an Assistant Controller under subsection 5(2) or (3); "author"-- (a) in relation to literary works, means the writer or the maker of the works; (b) in relation to musical works, means the composer; (c) in relation to artistic works other than photographs, means the artist; (d) in relation to photographs, means the person by whom the arrangements for the taking of the photograph were undertaken; (e) in relation to films or sound recordings, means the person by whom the arrangements for the making of the film or recording were undertaken; (f) in relation to broadcasts transmitted from within any country, means-- (i) the person transmitting the programme, if he has responsibility for the selection of its contents; or (ii) any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission; 10 ACT 332 Laws of Malaysia (g) in relation to any other cases, means the person by whom the work was made; "broadcast" means a transmission, by wire or wireless means, of visual images, sounds or other information which-- (a) is capable of being lawfully received by members of the public; or (b) is transmitted for presentation to members of the public, and includes the transmission of encrypted signals where the means for decrypting are provided to the public by the broadcasting service or with its consent; "broadcasting service" means any service of radio or television broadcast, operated under the general direction and control of or under licence by the Government, in any part of Malaysia; "building" includes any fixed structure, and a part of a building or fixed structure; "citizen" includes a person who, if he had been alive on the relevant day, would have qualified for citizenship under the Federal Constitution; "communication to the public" means the transmission of a work or live performance through wire or wireless means to the public, including the making available of a work or live performance to the public in such a