LAWS OF MALAYSIA
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
COPYRIGHT ACT 1987 Date of Royal Assent ... ... ... … … 30 April 1987 21 May 1987
Date of publication in the Gazette … ...
PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001
3 LAWS OF MALAYSIA
COPYRIGHT ACT 1987
ARRANGEMENT OF SECTIONS PART I PRELIMINARY
1. 2. 3. 4. 5.
Short title, application and commencement Extent of application Interpretation Publication Controller, Deputy Controllers and Assistant Controllers PART II GENERAL PROVISIONS
6. 7. 8. 9. 10. 11. 12.
No copyright except by virtue of this Act Works eligible for copyright Derivative works Copyright in published editions of works Qualification for protection Copyright in works of Government, Government organizations and international bodies Administration of Government copyright PART III NATURE AND DURATION OF COPYRIGHT
10 A. Qualification for protection of performer
Nature of copyright in literary, musical or artistic works, films and sound recordings
Laws of Malaysia
13A. Design documents and models 13B. Effect of exploitation of design derived from artistic work 13C. Things done in reliance on registration of design 14. 15. 16. Nature of copyright in works of architecture Nature of copyright in broadcasts Broadcasting of works incorporated in films
16A. Nature of performers’ right 16B. Equitable remuneration 17. 18. 19. 20. 21. 22. 23. Duration of copyright in literary, musical or artistic works Duration of copyright in published editions Duration of copyright in sound recording Duration of copyright in broadcasts (Deleted) Duration of copyright in films Duration of copyright in works of Government, Government organizations and international bodies
23A. Duration of performers’ rights 23B. Duration of an equitable remuneration 24. 25. (Deleted) Moral rights
25A. Moral right of a performer PART IV OWNERSHIP AND ASSIGNMENT OF COPYRIGHT 26. 27. First ownership of copyright Assignment, licences and testamentary disposition PART IV A COPYRIGHT LICENSING 27A. 27B. 27C. Licensing schemes to which sections 27B to 27G apply Reference of proposed licensing scheme to Tribunal Reference of licensing scheme to Tribunal
27 D. Further reference of licensing scheme to Tribunal 27E. Application for grant of licence in connection with licensing scheme 27 F. Application for review of order as to entitlement to licence 27 G. Effect of order of Tribunal as to licensing scheme 27 H. Licences to which sections 27I to 27 L apply 27I . Reference to Tribunal of terms of proposed licence 27 J. Reference to Tribunal of expiring licence 27 K. Application for review of order as to licence 27L. Effect of order of Tribunal as to licence P ART V COPYRIGHT TRIBUNAL 28. 29. 30. 31. 32. 33. 34. 35. Establishment of Copyright Tribunal Appointment of Chairman and members of Tribunal Proceedings before the Tribunal Licence to produce and publish translation (Deleted) Tribunal may request for information No action to lie against Tribunal Regulations relating to Tribunal PART VI REMEDIES FOR INFRINGEMENTS AND OFFENCES 36. 37. 38. 39. 40. 41. Infringements Action by owner of copyright and relief Proceedings in case of copyright subject to exclusive licence Restriction on importation of infringing copies Back-up copy of computer program Offences
30 A. Reference of questions of law to High Court
39 A. Application of sections 36, 37, 38 and 39 to performers’ right
41 A. Compounding of offences
Laws of Malaysia
42. 43. Affidavit admissible in evidence Penalty PART VII ENFORCEMENT 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. Entry...