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Copyright Act 1987- Part 2

(2) The Chairman, Deputy Chairmen, and members of the Tribunal shall hold office for a period not exceeding three years, after which they shall be eligible to be reappointed.

(3) The Minister shall determine the remuneration and other terms and conditions of the appointment of the Chairman, Deputy Chairmen, and members of the Tribunal.

(4) The Minister may declare the office of any member of the Tribunal vacant on the ground that he is found to be unfit to continue in office or unable to perform the duties thereof.

(5) The Chairman, Deputy Chairmen, or any member of the Tribunal may at any time resign from his office by giving notice in writing to the Minister.

(6) The Chairman, Deputy Chairmen, and members of the Tribunal shall be deemed to be public servants within the meaning of the Penal Code.

(7) There shall be a Secretary to the Tribunal and such other officers as may be necessary to assist the Tribunal, who shall be appointed by the Minister.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/30.Proceedings before the Tribunal

30. Proceedings before the Tribunal

(1) Every proceedings before the Tribunal shall be heard and disposed of by the Chairman or Deputy Chairman and two other members selected by the Chairman from among the members appointed under section 29.

(2) No member of the Tribunal shall take part in any proceedings before the Tribunal if he has a pecuniary interest in any matter which is to be determined by the Tribunal.

(3) Where the Chairman has been disqualified under subsection(2), the Minister shall appoint a Deputy Chairman to act as Chairman for the purposes of that proceedings.

(4) A person is deemed to have a pecuniary interest if he, his partner, employer or any member of his family or if a body whether statutory or not of which he is a member has a pecuniary interest in any matter which is to be determined by the Tribunal.

(5) If, on any matter to be determined by the Tribunal there is an equality of votes, the chairman of the proceedings shall have a casting vote in addition to his deliberative vote.

(6) If, in the course of any proceedings, any member of the Tribunal is unable through illness or any other cause to continue, the proceedings shall continue before the remaining members of the Tribunal, not being less than two, and the Tribunal shall, for the purposes of the proceedings, be deemed to be duly constituted.

(7) In any such case as is mentioned in subsection (6) where the member who is unable to continue is the chairman of the proceedings, then the Minister shall--

(a) appoint from amongst the remaining members a new chairman for the purpose of the continued proceedings; and 

(b) where appropriate, appoint a Deputy Chairman to attend the proceedings to advise the members of the proceedings on any issue that may arise during the proceedings. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/30a.Reference of questions of law to High Court

30a. Reference of questions of law to High Court

(1) The Tribunal may of its own motion, or shall at the request of a party, refer a question of law arising in proceedings concluded before it for determination by the High Court.

(2) A request under subsection (1) shall be made in writing within fourteen days of the date on which the decision was made.

(3) Where a question has been referred to the High Court under this section, the Tribunal shall forward the record of its proceedings to the Registrar of the High Court who shall thereupon appoint and notify the parties to the proceedings of the time and place for its hearing.

(4) At the hearing of the reference in the High Court, every party to the proceedings before the Tribunal shall be entitled to appear and to be heard.

(5) The High Court shall hear and determine the question referred to it under this section as if the reference were an appeal to the High Court against the decision of the Tribunal, and may consequently confirm, vary, substitute or quash the decision, or make such other order as it considers just or necessary.

(6) A decision of the High Court under subsection (5) shall be final and conclusive, and no such decision shall be challenged, appealed against, reviewed, quashed or called in question in any other court or before any other authority, judicial or otherwise, whatsoever.

(7) For the purposes of this section, a question of law shall not include a question whether there is sufficient evidence to justify a finding of fact by the Tribunal.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/31.Licence to produce and publish translation

31. Licence to produce and publish translation

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

(2) The Tribunal after holding such inquiry as it thinks necessary may, subject to this section, grant to the applicant a licence (not being an exclusive licence) to produce and publish a translation of the work in the national language, on condition that the applicant shall pay to the owner of the right of translation in the work in respect of copies sold to the public, royalties at a rate to be determined by the Tribunal in the prescribed manner.

(3) A licence may be granted on an application made under subsection (1) in respect of a work only where--

(a) a translation of the work in the national language or other vernacular languages in Malaysia has not been published by the owner of the copyright (or by any person authorized by him) within one year after the first publication of the work or, if such translation has been so published, it is out of print; 

(b) (i) the applicant has requested and been denied authorization by the owner of the right to produce and publish the translation; or 

(ii) the applicant, after due diligence on his part, is unable to trace or ascertain the owner; 

(c) the applicant, if the nationality of the owner of the right of translation is known, has sent a copy of his request for the translation to the diplomatic or consular representative of the state of which that owner is a national, or to the organization which may have been designated by the government of that state; 

(d) the Tribunal is satisfied that-- 

(i) the applicant is able to produce and publish a correct translation of the work and possesses the means to pay to the owner of the right of translation the royalties payable under this section; and 

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

(e) the author of the work has not withdrawn it from circulation; 

(f) an opportunity of being heard is first given, wherever practicable, to the owner of the right of translation in the work; 

(g) a further period of nine months has elapsed from the fulfilment of the formalities mentioned in paragraphs (b) and (c) and during this period no translation in the national language or other vernacular languages in Malaysia has been published by the owner of the right of translation or with his authorization; and 

(h) the translation is for the purpose of teaching, scholarship or research. 

(4) The licence granted under this section shall not be transferable and shall not extend to the export of copies:

Provided that the sending of copies to another country by the Government or any Government organization shall not constitute export if all of the following conditions are met:

(a) the recipients are individuals who are nationals of Malaysia or organizations grouping such individuals; 

(b) the copies are to be used only for the purpose of teaching, scholarship or research; 

(c) the sending of the copies and their subsequent distribution to recipients is without any commercial purpose; and 

(d) the country to which the copies have been sent has agreed with Malaysia to allow the receipt, or distribution, or both. 

(5) The licence shall be valid only for publication of the translation in Malaysia and all copies published under the licence shall bear a notice in the national language or other vernacular languages in Malaysia stating that the copies are available for distribution only in Malaysia.

(6) Any licence granted under this section shall terminate if a translation in the national language or other vernacular languages in Malaysia and with substantially the same content as that for which a licence has been granted has been published by the owner of the right of translation or with his authorization at a price reasonably related to that charged in Malaysia for comparable works:

Provided that any copies already made before the licence terminates may, however, continue to be distributed until their stock is exhausted.

(7) If the work to be translated consists mainly of illustrations, no licence under this section shall be granted.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/32.Omitted or Deleted Section

32. Omitted or Deleted Section

(Deleted by Act A952).

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/33.Tribunal may request for information

33. Tribunal may request for information

(1) The Tribunal may request for such information as it may deem necessary for the purpose of exercising any of its powers and functions under this Act and any subsidiary legislation made thereunder.

(2) Any person who refuses to comply with such request by the Tribunal shall be guilty of an offence under this Act.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/34.No action to lie against Tribunal

34. No action to lie against Tribunal

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

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/35.Regulations relating to Tribunal

35. Regulations relating to Tribunal

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

(a) prescribing the manner in which any matter may be referred to the Tribunal; 

(b) prescribing the procedure to be adopted by the Tribunal in dealing with any matter referred to it under this Act and the records to be kept by the Tribunal; 

(c) prescribing the manner in which the Tribunal shall be convened and the place where the Tribunal shall hold its sittings; 

(d) prescribing a scale of costs and fees payable in respect of any inquiry or proceedings before the Tribunal; and 

(e) generally for the better carrying out of the functions assigned to the Tribunal by this Act. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/36.Infringements

Part VI REMEDIES FOR INFRINGEMENTS AND OFFENCES

36. Infringements

(1) Copyright is infringed by any person who does, or causes any other person to do, without the licence of the owner of the copyright, an act the doing of which is controlled by copyright under this Act.

(2) Copyright is infringed by any person who, without the consent or licence of the owner of the copyright, imports an article into Malaysia for the purpose of--

(a) selling, letting for hire, or by way of trade, offering or exposing for sale or hire, the article; 

(b) distributing the article-- 

(i) for the purpose of trade; or 

(ii) for any other purpose to an extent that it will affect prejudicially the owner of the copyright; or 

(c) by way of trade, exhibiting the article in public, where he knows or ought reasonably to know that the making of the article was carried out without the consent or licence of the owner of the copyright.

(3) (Deleted by Act A1420)

(4) (Deleted by Act A1420)

(5) (Deleted by Act A1420)

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/36a.Circumvention of technological protection measure.

36a. Circumvention of technological protection measure.

(1) If a technological protection measure is applied to a copy of a work by or with the authorization of the owner of the copyright in the work, no person shall circumvent, or cause or authorize any other person to circumvent, the technological protection measure--

(a) that is used by the owner of the copyright in connection with the exercise of his rights under this Act; and 

(b) that restricts acts in respect of his works which are not authorized by the owner concerned or permitted by law. 

(2) Subsection (1) does not apply if the citcumvention of technological protection measure is--

(a) for the sole purpose of acheiving interoperability of an independantly created computer program with the original program or any other programs; 

(b) for the sole purpose of idnetifying and analyzing flaws and vulnerabilities of encryption technology; 

(c) for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network; 

(d) for the sole purpose of identifying and disabling an undisclosed capability to collect or disseminate personally identifying information about online activities of a natural person 

(e) in relation to anything lawfully done for the sole purpose of-- 

(i) law enforcement; 

(ii) national security; or

(iii) performing a statutory function; or 

(f) done by a library, an a archive or an educational in sitution for teh sole purpose of making an acquisution decision in realtion to a work in which copyright subsists. 

(3) No person shall--

(a) manufacture for sale or hire 

(b) import otherwise than for private and domestic use; or 

(c) in the course of business-- 

(i) sell or let for hire; 

(ii) offer or expose for sale or hire; 

(iii) advertise for sale or hire; 

(iv) possess; 

(v) distribute; 

(d) distribute for purposes other than in the course of a business to such an extent as to affect prejudicially the owner of the copyright; or 

(e) offer to the public or provide any service in relation to,any technology, device or component which-- 

(A) is promoted, advertised or marketed for the purpose of the circumvenion of technilogical protection measure; 

(B) has only a limited commercially significant purpose or use other than to circumvent technological protection measure; or 

(C) is primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumventionof technological protection measure.  

(4) The Minister may prescribe any technology, device or component which may operate as a technological protection measure to be exempted from application of thies section.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/36b.Rights management information

36b. Rights management information 

(1) No person shall--

(a) remove or alter any electronic rights management information without authority; or 

(b) distribute, import for distribution or communicate to the public, without authority, of works or copies of works knowing that electronic rights management information has been removed or altered without authority  

and knowing or having reasonable grounds to know that such act will induce, facilitate or concceal an infringement of any rights under this Act 

(2) Subsection (1) does not apply if the removal or alteration of any electronic rights management information without authority is--

(a) in relation to anything lawfully done for the sole purpose of-- 

(i) law enforcement; 

(ii) national security; 

(iii) performing a statutory function; or 

(b) done by a library, an archive or an educational institution for the sole purpose of making an acquisition decision in relation to a work in which copyright subsists. 

(3) For the purposes of this section 41, "rights management information " means information which identifies the work, the author of the work, the owner of any right in the work, the performer or the terms and conditions of use of the work, any number or codes that represent such information, when any of these items is attached to a copy of a work or appears in connection with the communication of a work to the public.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/37.Action by owner of copyright and relief

37. Action by owner of copyright and relief

(1) Infringements of copyrights and prohibited acts under section 36a and 36b shall be actionable at the suit of the owner of the copyright and, in any action for such an infringement or prohibited act, the court may grant the following types of relief:

(a) an order for injunction; 

(b) damages; 

(c) an account of profits; 

(d) statutory damages of not more than twenty-five thousand ringgit for each work,but not more than five hundred thousand ringgit in the aggregate; or 

(e) any other order as the court deems fit. 

(2) Notwithstanding subsection (1), all such relief shall be available to the plaintiff in an action unders ubsection 36a(3) except for statutory damages.

(3) In making an award under paragraph (1)(b), the court may also make an order under paragraph (1)(c) for an account of any profits attributable to the infringement or prohibited act that have not been taken into account in computing the damages.

(4) Except as provided in subsection (3), the types of relief referred to in oaragraphs (1)(b)(c) and (d) are mutually exclusive.

(5) For the purpose of paragraph (1)(d), all parts of a collective work shall constitue one work.

(6) Where in an action under this section it is established that an infringement or a prohibited act under section 36a or 36b was committed but it is also established that at the time of the infringement or commission of the prohibited act the defendant was not aware, and had no reasonable grounds for suspecting, that the act was an infringement of the copyright or prohibited under section 36a or 36b, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement or commission of the prohibited act, but shall be entitled to an account of profits or statutory damages whether or not any other relief is granted under this section.

(7) Where in an action under this section an infringement of copyright of the commission of a prohibited act under section 36a or 36b is established, the court may, in assessing damages for the infringement or commission of the prohibited act award such additional damages as it may comsider approprite in the circumstances if it is staisfied that it is proper to do so having regard to--

(a) the flagerancy of the infringement or prohibited act; 

(b) any benefit shown to have accrued to the defendant by reason of the infringement or prohibited act ; and 

(c) all other relevant matters; 

(8) In awarding statutory damages under paragraph (1)(d), the court shall have regard to--

(a) the nature and purpose of the infringement act prohibited act, including whether the infringement act or prohibited act was of a commecial nature or otherwise; 

(b) the flagrancy of the infringement or prohibited act; 

(c) whether the defendant acted in bad faith; 

(d) any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement or prohibited act; 

(e) any benefit shown to have accrued to the defendant by reason of the infringement or prohibited act; 

(f) the conduct of the parties before and during the proceedings; 

(g) the need to deter other similar infringement or prohibited act; and 

(h) all other relevant matters. 

(9) An injunction shall not be issued in any proceedings under this section if it requires a complted or partly built building to be demolished or prevents the completion of a partly built building.

(10) Where in an action under this section an infringement of copyright of the commission of a prohibited act under section 36a or 36b is established, the court may, in assessing damages for the infringement or commission of the prohibited act award such additional damages as it may comsider approprite in the circumstances if it is staisfied that it is proper to do so having regard to--

(a) "action" includes a counterclaim, and reference to the plaintiff and to the defendant in an action shall be construed accordingly. 

(b) "collective work" means a work in which relevant materails, constituting separate and independant works in themselves, are assembled into collective whole; and 

(c) "court" means the appropriate High Court in Malaysia. 

(11) For the purpose of this section, "owner of the copyright" means the first owner or an assignee of the relevant part of the copyright.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/38.Proceedings in case of copyright subject to exclusive licence

38. Proceedings in case of copyright subject to exclusive licence

(1) This section shall have effect as to proceedings in the case of any copyright in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate.

(2) Subject to this section, the exclusive licensee shall (except against the owner of the copyright) have the same rights of action, and be entitled to the same remedies, under section 37 as if the licence had been an assignment, and those rights and remedies shall be concurrent with the rights and remedies of the owner of the copyright under that section.

(3) Where an action is brought either by the owner of the copyright or by the exclusive licensee, and the action, in so far as it is brought under section 37, relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action under that section, the owner or licensee, as the case may be, shall not be entitled, except with the leave of the court, to proceed with the action, in so far as it is brought under that section and relates to that infringement, unless the other party is either joined as a plaintiff in the action or added as a defendant: but this subsection shall not affect the granting of an interlocutory injunction on the application of either of them.

(4) In any action brought by the exclusive licensee by virtue of this section, any defence which would have been available to a defendant in the action, if this section had not been enacted and the action have been brought by the owner of the copyright, shall be available to that defendant as against the exclusive licensee.

(5) Where an action is brought in the circumstances mentioned in subsection (3) and the owner of the copyright and the exclusive licensee are not plaintiffs in the action, the court, in assessing damages in respect of any infringement as is mentioned in that subsection--

(a) if the plaintiff is the exclusive licensee, shall take into account any liabilities (in respect of royalties or otherwise) to which the licence is subject; and 

(b) whether the plaintiff is the owner of the copyright or the exclusive licensee, shall take into account any pecuniary remedy awarded to the other party under section 37 in respect of that infringement, or, as the case may require, any right of action exercisable to the other party under that section in respect thereof. 

(6) Where an action, in so far as it is brought under section37, relates (wholly or partly) to an infringement in respect of which the owner of the copyright and the exclusive licensee have concurrent rights of action under that section, and in that section (whether they are both parties to it or not) an account of profits is directed to be taken in respect of that infringement, then subject to any agreement of which the court is aware whereby the application of those profits is determined as between the owner of the copyright and the exclusive licensee, the court shall apportion the profits between them as the court may consider just and shall give such directions as the court may consider appropriate for giving effect to the apportionment.

(7) In an action brought either by the owner of the copyright or by the exclusive licensee--

(a) no judgment or order for the payment of damages or statutory damages in respect of an infringement of copyright shall be given or made under section37, if a final judgment or order has been given or made awarding an account of profits to the other party under that section in respect of the same infringement; and 

(b) no judgment or order for an account of profit in respect of an infringement of copyright shall be given or made under that section, if a final judgment or order has been given or made awarding either damages, statutory damages or an account of profits to the other party under that section in respect of the same infringement. 

(8) Where, in an action brought in the circumstances mentioned in subsection (3), whether by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or subsequently) but is added as a defendant, he shall not be liable for any costs in the action unless he enters an appearance and takes part in the proceedings.

(9) For the purposes of this section, the expression--

"exclusive licence"

means a licence signed by or on behalf of an owner or a prospective owner of copyright authorizing the licensee to the exclusion of all other persons, to exercise a right which by virtue of this Act would (apart from the licence) be exercisable exclusively by the owner of the copyright; and "exclusive licensee" shall be construed accordingly;

"if the licence had been an assignment"

means if, instead of the licence, there had been granted (subject to terms and conditions corresponding as nearly as may be with those subject to which the licence was granted) an assignment of the copyright in respect of its or their application to the doing, at the place and time authorized by the licence, of the acts so authorized;

"the other party",

in relation to the owner of the copyright, means the exclusive licensee, and in relation to the exclusive licensee, means the owner of the copyright.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/39.Restriction on importation of infringing copies

39. Restriction on importation of infringing copies

(1) The owner of copyright in any work, or any person authorized by him, may make an application to the Controller to request that during a period specified in the application copies of the work to which this section applies be treated as infringing copies.

(1a) The application under subsection (1)--

(a) shall be in such form as may be prescribed; 

(b) shall state that the person named in it is the owner of the copyright; and 

(c) shall be supported by such documents and information, and accompanied by such fee, as may be prescribed. 

(2) This section shall apply to any copy of a work made outside Malaysia the making of which was carried out without the consent or licence of the owner of the copyright in the work.

(2a) Upon receipt of the application under subsection (1), the Controller shall determine the application and the Controller shall within a reasonable period inform the applicant by a written notice whether the application has been approved and specify the period during which the copies shall be treated as infringing copies.

(3) Where the application is approved by the Controller in respect of a work and the application is not withdrawn, the importation of any infringing copies into Malaysia for the duration of the period specified in the Controller's notice shall be prohibited:

Provided that this subsection shall not apply to the importation of any copy by a person for his private and domestic use.

(4) (Deleted by Act A1082).

(5) The Controller shall require any person making an application under subsection (1)--

(a) to deposit a security which in the Controller's opinion is sufficient to reimburse the Government for any liability or expenses which may be incurred in consequence of the detention at any time within the period specified in the Controller's notice of any infringing copies or in consequence of anything done in relation to a copy so detained; and 

(b) whether or not a security is given, to keep the Controller indemnified against any liability or expenses referred to in paragraph(a)

(6) Any Assistant Controller, police officer not below the rank of Inspector or any officer of Customs may search for and seize any infringing copies which are prohibited from being imported into Malaysia under subsection (3).

(7) Whenever any infringing copies are seized under this section, the seizing officer shall forthwith give notice in writing of such seizure and the grounds thereof to the owner of the infringing copies if known, either by delivering such notice to him personally or by post at his residence, if known:

Provided that such notice shall not be required to be given where such seizure is 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 aircraft, in the presence of the master or pilot, as the case may be.

(8) Infringing copies shall be liable to forfeiture as if they were prohibited goods under the law relating to Customs.

(9) The Minister may make such regulations as he thinks necessary or expedient for the purpose of this section.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/39a.Application of sections 36, 37, 38 and 39 to performers' right

39a. Application of sections 36, 37, 38 and 39 to performers' right

Sections 36, 37, 38 and 39 shall apply mutatis mutandis to performers' right.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/40.Back-up copy of computer program

40. Back-up copy of computer program

(1) Notwithstanding any express contract condition to the contrary, the copyright in a literary work in the form of a computer program is not infringed by the making of a reproduction of the work or of a computer program being an adaptation of the work, if--

(a) the reproduction is made by, or on behalf of, the owner of the copy (in this section referred to as "the original copy") from which the reproduction is made; and 

(b) the reproduction is made for the purpose only of being used, by or on behalf of the owner of the original copy, in lieu of the original copy in the event that the original copy is lost, destroyed or rendered unusable. 

(2) Subsection (1) does not apply to the making of a reproduction of a computer program, or of an adaptation of a computer program--

(a) from an infringing copy of the computer program; or 

(b) contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the owner of the original copy not later than the time when the owner of the original copy acquired the original copy. 

(3) For the purposes of this section--

(a) a reference to a copy of a computer program or of an adaptation of a computer program is a reference to any article in which the computer program or adaptation is reproduced in a material form; and 

(b) a reference to an express direction, in relation to a copy of a computer program, or of an adaptation of a computer program, includes a reference to a clearly legible direction printed on the copy or on a package in which the copy is supplied. 

 Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332/41.Offences

 

41. Offences

(1) Any person who during the subsistence of copyright in a work or performers' right--

(a) makes for sale or hire any infringing copy; 

(b) sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy; 

(c) distributes infringing copies; 

(d) has in his possession, custody or control, otherwise than for his private and domestic use, any infringing copy; 

(e) by way of trade, exhibits in public any infringing copy; 

(f) imports into Malaysia, otherwise than for his private and domestic use, an infringing copy; 

(g) makes or has in his possession any contrivance used or intended to be used for the purposes of making infringing copies; and 

(h) circumvents or causes or authorizes the circumvention of any effective technological measures referred to in subsection 36a(1); 

(ha) manufactures, imports or sells any technology or device for the purpose of the circumvention of technological protection measure referred to in subsection 36a(3); 

(i) removes or alters any electronic rights management information referres to in section 36b without authority; or

 (j) distributes, imports for distribution or communicates to the public, without authority, works or copies of works in respect of which electronic rights management information has been removed or altered without authority, shall, unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that copyright or performers' right would or might thereby be infringed, be guilty of an offence and shall on conviction be liable--

(i) in the case of an offence under paragraphs (a) to (f) , to a fine of not less than two thousand ringgit and not more than twenty thousand ringgit for each infringing copy, or to imprisonment for a term not exceeding five years or to both and for any subsequent offence, to a fine of not less than four thousand ringgit and not more than forty thousand ringgit for each infringing copy or to imprisonment for a term not exceeding ten years or to both; 

(ii) in the case of an offence under paragraphs (g) and (ha) to a fine of not less than four thousand ringgit and not more than forty thousand ringgit for each contrivance in respect of which the offence was committed or to imprisonment for a term not exceeding ten years or to both and for any subsequent offence to a fine of not less than eight thousand ringgit and not more than eighty thousand ringgit for each contrivance in respect of which the offence was committed or to imprisonment for a term not exceeding twenty years or to both; 

(iii) in the case of an offence under paragraphs (h)(i) and (j), to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both and for any subsequent offence, to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both. 

(2) For the purposes of paragraphs (1)(a) to (f) of subsection(1), any person who has in his possession, custody or control three or more infringing copies of a work or recording in the same form shall, unless the contrary is proved, be presumed to be in possession of or to import such copies otherwise than for private or domestic use.

(3) Any person who causes a literary or musical work, sound recording or film to be performed in public shall be guilty of an offence under this subsection unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that copyright would or might thereby be infringed.

(4) Where an offence under this section is committed by a body corporate or by a person who is a partner in a firm, every director, chief executive officer, chief operating officer, secretary, manager or other similar officer of the body corporate or every other partner in the firm or was purporting to act in any capacity or was in any manner or to any extent responsible the management of the affairs of the body corporate or firm or was assisting in such management, as the case may be, shall be deemed to be guilty of the offence and may be charged severally or jointly in the same proceedings with the body corporate or firm unless he proves that the offence was committed without hisconsnet or connivance and that he exercised all due diligence to prevent the commission of the offence.

 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/41a.Compounding of offences

41a. Compounding of offences

(1) The Controller or a Deputy Controller or any person authorized in writing by the Controller may with the written consent of the Public Prosecutor compound any offence under any subsidiary legislation made under this Act which is prescribed to be a compoundable offence by accepting from the person reasonably suspected of having committed such offence a sum of money not exceeding such amount as may be prescribed.

(2) Upon receipt of the payment under subsection (1), no further proceedings shall be taken against such person in respect of such offence and where possession has been taken of any goods, such goods may be released, subject to such conditions as may be imposed in accordance with the conditions of the compound.

(3) (Deleted by Act A1139).

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332/42.Affidavit admissible in evidence

42. Affidavit admissible in evidence

(1) An affidavit, certified extracts of the Register of Copyright referred to in section 26b or statutory declaration made before any person having authority to administer oath by or on behalf of any person claiming to be--

(a) the owner of the copyright in any works eligible for copyright under this Act stating that-- 

(i) at the time specified herein copyright subsisted in such work; 

(ii) he or the person named therein is the owner of the copyright; and 

(iii) a copy of the work annexed thereto is the true copy thereof; or 

(b) the performer in a performance eligible for performers' right under this Act stating that-- 

(i) at the time specified therein performers' right subsisted in such performance; 

(ii) he or the person named therein is the performer; and 

(iii) a copy of the document annexed thereto is the document which proves that he or the person named therein performed in the performance, shall be admissible in evidence any proceedings under this Act and shall be prima facie evidence of the facts contained therein.

(2) Any person who is authorized to act on behalf of the owner of the copyright or performer for the purposes of subsection(1) shall be required to produce such authorization in writing.

(3) (Deleted by Act A1082).

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43.Penalty

43. Penalty

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

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43a.Offences relating to anti-camcording.

Part VIA ANTI-CAMCORDING

43a. Offences relating to anti-camcording.

(1) Any person who operates an audiovisual recording device in a screening room to record any film in whole or in part shall be guilty of an offence and shall on conviction be liable to a fine of not less than ten thousand ringgit and not more than one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(2) Any person who is guilty of an attempt to commit an offence under subsection (1) shall on conviction be liable to a fine of not less than five thousand ringgit and not more than fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both. 

(3) For the purpose of this section--

"audiovisual recording device" means any device which is capable of recording or transmitting a motion picture or any part thereof;

"motion picture" means film;

"screening room" means any venue which is utilized for the exhibition or screening of a motion picture, including a motion picture theatre.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43b.Interpretation.

Part VIB LIMITATION OF LIABILITIES OF THE SERVICE PROVIDER

43b. Interpretation.

For the purpose of this Part--

"another network" means any type of network that is able to connect with the primary network;

"court" means the appropriate High Court in Malaysia;

"electronic copy", in relation to any work, means a copy of the work in an electronic form and includes the original version of the work in that form on a network;

"originating network" means another network from which an electronic copy originates;

"primary network", in relation to a service provider, means a network controlled or operated by or for the service provider;

"routing" means directing or choosing the means or routes for the transmission of data;

"service provider"--

(a) for the purpose of section 43c, means a person who provides services relating to, or provides connections for, the access, transmission or routing of data; and 

(b) for the purpose of this Part other than section 43C, means a person who provides, or operates facilities for, online services or network access and includes a person referred to in paragraph (a).  

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43c.Transmission, routing and provision of connections

43c. Transmission, routing and provision of connections

(1) A service provider shall not be held liable for infringement of copyright in any work if the infringement occurs by reason of--

(a) the transmission or routing, or the provision of connections, by the service provider of an electronic copy of the work through its primary network; or 

(b) any transient storage by the service provider of an electronic copy of the work in the course of such transmission, routing or provision of connections: 

Provided that--

(A) the transmission of the electronic copy of the work was initiated by or at the direction of a person other than the service provider; 

(B) the transmission, routing, provision of connections or storage is carried out through an automatic technical process without any selection of the electronic copy of the work by the service provider; 

(C) the service provider does not select the recipient of the electronic copy of the work except as an automatic response to the request of another person; or 

(D) the service provider does not make any modification, other than a modification made as part of a technical process, to the content of the electronic copy of the work during its transmission through the primary network. 

(2) Where infringing material has been identified to come from an online location outside Malaysia or from a specified account and if the court is satisfied that subsection (1) applies to the service provider, the court may order the service provider--

(a) to take reasonable steps to disable access to an online location that is physically situated outside Malaysia; or 

(b) to terminate the specified account. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43d.System caching

43d. System caching

(1) A service provider shall not be held liable for infringement of copyright for the making of any electronic copy of the work on its primary network if it is--

(a) from an electronic copy of the work made available on an originating network; 

(b) through an automatic process; 

(c) in response to an action by a user of its primary network; or 

(d) in order to facilitate efficient access to the work by a user: 

Provided that--

(A) the service provider does not make any substantive modification, other than a modification made as part of a technical process, to the content of the electronic copy during the transmission of such copy to users of its primary network or another network; and 

(B) the service provider satisfies such other conditions as the Minister may determine in relation to--  

(i) access to the electronic copy by users of its primary network or another network;  

(ii) the refreshing, reloading or updating of the electronic copy; and 

(iii) non-interference with the technology used at the originating network to obtain information about the use of any work on the originating network, being technology that is consistent with industry standards in Malaysia.  

(2) A service provider shall not be held liable under this section if the copyright owner or his agent has not given any notification under section 43h

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43e.Storage and information location tools

43e. Storage and information location tools

(1) A service provider shall not be held liable for infringement of copyright in any work where such infringement occurs by reason of--

(a) the electronic copy of the work being stored at the direction of a user of its primary network; 

(b) the service provider referring or linking a user to an online location on an originating network at which an electronic copy of the work is made available by the use of an information location tool such as a hyperlink or directory, or an information location service such as a search engine, if-- 

(i) the service provider--

(A) does not have actual knowledge that the electronic copy of the work or activity is infringing; or

(B) in the absence of such actual knowledge, is not aware of the facts or circumstances from which the infringing activity is apparent; 

(ii) he service provider does not receive any financial benefit directly attributable to the infringement of the copyright in the work that occurs in, or in the course of, making available the electronic copy on its primary network or on another network, and that the service provider does not have the right and ability to control the infringing activity; and 

(iii) upon receipt of a notification of any infringement under section 43h, the service provider responds within the time specified to remove or disable access to the material that is claimed to be infringing or to be the subject of the infringing activity.  

(2) In determining whether a financial benefit is directly attributable to the infringement of copyright in the work, the court shall have regard to--

(a) the industry practice in relation to the charging of services by a service provider; 

(b) whether the financial benefit was greater than the benefit that would usually result from charging in accordance with accepted industry practices; and 

(c) any other matter that the court considers relevant. 

(3) A service provider shall not be held liable under this section if the copyright owner or his agent has not given any notification under section 43h.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43f.Exemption of service provider from liability for removal of copy or other activities from network.

43f. Exemption of service provider from liability for removal of copy or other activities from network.

(1) A service provider acting in compliance with subsection 43H(1) and in accordance with this Part shall not be subject to any liability in respect of an action taken in good faith in relation to--

(a) the removal of an electronic copy of a work from its primary network; or 

(b) the disabling of access to an electronic copy of a work on its primary network or another network.  

(2) Upon removing or disabling access to an electronic copy of a work under subsection (1), the service provider shall notify, as far as may be practicable, the person who made available the electronic copy of the action taken by the service provider and enclosing therewith a copy of the notification received by it pursuant to subsection 43h(1). 

(3) Notwithstanding anything to the contrary, if--

(a) as a result of a settlement between the copyright owner of the work and the person who made available the electronic copy of the work, the service provider receives a written notification from either party to restore the electronic copy to the network or to restore access to that copy; or 

(b) the person who made available the electronic copy of the work was adjudicated by any court or tribunal as the rightful copyright owner of the work, the service provider shall, as far as practicable-- 

(A) restore the electronic copy of the work to its primary network; or 

(B) restore access to the electronic copy of the work on its primary network or another network:

Provided that the service provider is furnished with the proper documentation relating to the settlement between the parties or judgment or decision of the court or tribunal. 

(4) A service provider shall not be treated as having authorized the doing of any act which is an infringement of copyright under this Act solely by reason of the service provider having provided a facility which was used by a person to perform the infringing act.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43g.Information on service provider.

43g. Information on service provider.

(1) In providing its service to the users, a service provider shall make available the following information in a manner which is accessible to any person using the service:

(a) the name and address of the service provider; and 

(b) the details and particulars of a designated agent to receive any complaint or notice regarding an allegation of infringement of copyright.  

(2) Failure by a service provider to comply with subsection (1) shall not entitle the service provider to rely on the protection provided under this Part.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43h.Notification by copyright owner and its effect.

43h. Notification by copyright owner and its effect.

(1) If an electronic copy of any work accessible in a network infringes the copyright of a work, the owner of the copyright which has been infringed may notify the service provider of the network of such infringement by issuing to the service provider a notification in the manner as determined by the Minister, requiring the service provider to remove or disable any access to the electronic copy on the service provider's network:

Provided that the owner of the copyright shall undertake to compensate the service provider or any other person against any damages, loss or liability arising from the compliance by the service provider of such notification.

(2) A service provider who has received a notification under subsection (1) shall remove or disable any access to the infringing electronic copy on its network not later than forty-eight hours from the time the notification was received.

(3) The person whose electronic copy of the work was removed or to which access has been disabled pursuant to subsection (2) may issue to the service provider a counter notification in the manner as may be determined by the Minister, requiring the service provider to restore the electronic copy or access to it on the service provider's primary network:

Provided that the person shall undertake to compensate the service provider or any other person against any damages, loss or liability arising from the compliance by the service provider of such counter notification.

(4) A service provider shall--

(a) upon receipt of a counter notification, promptly provide the issuer of the notification under subsection (1) with a copy of the counter notification and inform such issuer that the removed material or access to the said material will be restored in ten business days; and 

(b) restore the removed material or access to it not less than ten business days following receipt of the counter notification, unless the service provider has received another notification from the issuer of the notification under subsection (1) that he has filed an action seeking a court order to restrain the issuer of the counter notification under subsection (3) from engaging in any infringing activity relating to the material on the service provider's network.  

(5) A counter notification shall be issued to the service provider's designated agent containing the following information:

(a) a physical or electronic signature of the subscriber; 

(b) identification of the 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 was disabled; 

(c) a statement under penalty of perjury that the issuer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and 

(d) the issuer's name, address, telephone number and a statement that the issuer consents to the jurisdiction of the court in which the address is located, or if the issuer's address is outside Malaysia, in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the notification under subsection (1) or an agent of such person. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/43i.Maker of false notice guilty of offence and liable in damages

43i. Maker of false notice guilty of offence and liable in damages

(1) If a person making a notification in accordance with section 43H makes any statement which is false, which he knows to be false or does not believe to be true, and which touches on any point material to the object of the notice--

(a) he shall be 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 shall be liable to compensate any person who suffers any loss or damages as a result of making the notification.  

(2) Subsection (1) shall apply whether or not the statement is made in Malaysia, and if a person makes the statement outside Malaysia, he may be dealt with under paragraph (1)(a) as if the offence was committed in Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/44.Entry by warrant or otherwise

Part VII ENFORCEMENT

44. Entry by warrant or otherwise

(1) In every case where information is given on oath to any magistrate that there is reasonable cause for suspecting that there is in any house or premises any infringing copy or any contrivance used or intended to be used for making infringing copies or capable of being used for the purpose of making infringing copies, or any other article or vehicle, book or document by means of or in relation to which any offence under section 41 has been committed, he shall issue a warrant under his hand by virtue of which any Assistant Controller or police officer not below the rank of Inspector named or referred to in the warrant may enter the house or premises at any reasonable time by day or night and search for and seize any such copy, contrivance, article, vehicle, book or document:

Provided that if an Assistant Controller or a police officer not below the rank of Inspector is satisfied upon information received that he has reasonable grounds for believing that by reason of delay in obtaining a search warrant, any copy, contrivance, article or vehicle, book or document used to commit or to be used to commit an offence under this Act is likely to be removed or destroyed, he may enter such house or premises without a warrant and seize any such copy, contrivance, article, vehicle, book or document from therein.

(1a) An Assistant Controller or a police officer not below the rank of Inspector entering any house or premises by virtue of subsection(1) may take with him such other persons and such equipment as may appear to him necessary; and on leaving any house or premises which he has entered he shall, if the house or premises is unoccupied or the occupier is temporarily absent, leave it as effectively secured against trespassers as he found it.

(2) An Assistant Controller or a police officer not below the rank of Inspector making the search may seize any infringing copy, copy suspected to be an infringing copy, contrivance used or intended to be used for making infringing copies or capable of being used for the purpose of making infringing copies, or any other article, vehicle, book or document and if any such copy, contrivance, article, vehicle, book or document is seized, he shall produce the same before the magistrate, and upon such production the magistrate shall direct the same to be kept in the custody of the Controller or Assistant Controller or the police for the purpose of any investigation or prosecution under this Act:

Provided that where, upon any such seizure, any such copies, contrivances, articles, vehicles, books or documents are kept in the custody of the Controller or Assistant Controller or the police and where it is found, by reason of their nature, size or amount, that it is not practical to produce the same before the magistrate, it shall be sufficient for the purposes of this subsection for the seizure to be reported to the magistrate.

(3) If it is found, by reason of their nature, size or amount, that it is not practical to remove from where they are found such things or documents seized by an Assistant Controller or a police officer not below the rank of Inspector and the Assistant Controller or the police officer has sealed the same in the premises or container in which they are found pursuant to the provisions of section47, it shall be sufficient for the purpose of producing the same before the magistrate under subsection(2) for the seizure to be reported to the magistrate or for the magistrate to view the same in such premises or container.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/45.Effecting entry, removal and detention

45. Effecting entry, removal and detention

Any Assistant Controller or police officer not below the rank of Inspector may in the exercise of his powers under section 44, if it is necessary so to do--

(a) break open any outer or inner door of the dwelling house or any other premises and enter thereinto; 

(b) forcibly enter the place and every part thereof; 

(c) remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and 

(d) detain every person found in the place until the place has been searched. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/45a.Access to computerized or digitalized data

45a. Access to computerized or digitalized data

(1) Any Assistant Controller or a police officer not below the rank of Inspector shall, in the exercise of his powers under section 44, if it is necessary, be given access to computerized or digitalized data whether stored in a computer or any other medium. 

(2) For the purpose of this section, "access" includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/46.List of things seized

46. List of things seized

(1) The Assistant Controller or police officer not below the rank of Inspector seizing any infringing copy, any copy suspected to be an infringing copy, contrivance, article, vehicle, book or document under this Part shall prepare a list of the things seized and forthwith deliver a copy signed by him to the occupier, or his agents or servants present in the premises.

(2) If the premises are unoccupied, the Assistant Controller or police officer not below the rank of Inspector shall wherever possible post a list of the things seized on the premises.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/47.Sealing of things

47. Sealing of things

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

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/48.Obstruction to search, etc.

48. Obstruction to search, etc.

Any person who--

(a) refuses any Assistant Controller or police officer not below the rank of Inspector access to any place; 

(b) assaults, obstructs, hinders or delays any Assistant Controller or police officer not below the rank of Inspector in effecting any entry which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; 

(c) refuses to give to any Assistant Controller or police officer not below the rank of Inspector any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give; 

(d) with a view to deceiving any public officer in the execution of the provisions of this Act, or with a view to procuring or influencing the doing or omission of anything in relation to this Act, knowingly gives any false information or makes any statement which is false and which he either knows or believes to be false or does not believe to be true; or 

(e) in the affidavit or statutory declaration referred to in subsection 42(1), makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the affidavit or declaration is made or used under subsection 42(1), shall be guilty of an offence.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/49.Warrant admissible notwithstanding defects, etc.

49. Warrant admissible notwithstanding defects, etc.

A warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission in the warrant or in the application for such warrant and any copy, contrivance, article, vehicle, book or document seized under such warrant shall be admissible in evidence in any proceedings under this Act.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/50.Powers of investigation

50. Powers of investigation

(1) Any Assistant Controller or police officer not below the rank of Inspector shall have the power to investigate the commission of any offence under this Act or subsidiary legislation made thereunder.

(2) Any Assistant Controller or police officer not below the rank of Inspector may, in relation to any investigation in respect of any offence under this Act or subsidiary legislation made thereunder, exercise the special powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [Act 593].

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/50a.Power of arrest

50a. Power of arrest

(1) Any Assistant Controller may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit seizable offence under this Act or any regulations made thereunder.

(2) Any Assistant Controller making an arrest under subsection(1) shall without unnecessary delay make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/50b.Power to intercept communications.

50b. Power to intercept communications.

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

(2) When any person is charged with an offence under this Act or its subsidiary legislation, any information obtained by an Assistant Controller or a police officer under subsection (1), whether before or after the person is charged, shall be admissible at his trial in evidence. 

(3) An authorization by the Public Prosecutor under subsection (1) may be given either orally or in writing; but if an oral authorization is given, the Public Prosecutor shall, as soon as practicable, reduce the authorization into writing.

(4) A certificate by the Public Prosecutor stating that the action taken by an Assistant Controller or a police officer under subsection (1) had been authorized by him under that subsection shall be conclusive evidence that it had been so authorized, and the certificate shall be admissible in evidence without proof of his signature there.

(5) No person shall be under any duty, obligation or liability, or be in any manner compelled, to disclose in any proceedings the procedure, method, manner or means, or any matter related to it, of anything done under subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/51.Admissibility of statement

51. Admissibility of statement

(1) Notwithstanding the provisions of any written law to the contrary, where a person is charged with an offence under this Act any statement, whether the statement amounts to a confession or not or whether it is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of investigations under this Act or not and whether or not wholly or partly in answer to questions, by the person to or in the hearing of an Assistant Controller or a police officer not below the rank of Inspector and whether or not interpreted to him by an Assistant Controller, a police officer not below the rank of Inspector, or any other person concerned or not in the case shall be admissible at his trial in evidence and, if the person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:

Provided that--

(a) no such statement shall be admissible or used as aforesaid-- 

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

(ii) in the case of a statement made by the person after his arrest, unless the court is satisfied that he was cautioned in the following words or words to the like effect:

"It is my duty to warn you that you are not obliged to say anything or to answer any question but anything you say, whether in answer to a question or not, may be given in evidence."; and 

(b) statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of his not having been cautioned if he is cautioned 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 shall not be bound to answer any question relating to the case after he has been cautioned.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/51a.Evidence of agent provocateur is admissible

51a. Evidence of agent provocateur is admissible

(1) Notwithstanding any written law or rule of law to the contrary, no agent provocateur shall be presumed to be unworthy of credit by reason only of his having attempted to abet or abetted the commission of an offence by any person under this Act if the attempt to abet or abetment was for the sole purpose of securing evidence against such person

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

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/52.Disclosure of information

52. Disclosure of information

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

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/52a.Tipping-off

52a) Tipping-off

(1) Any person who--

(a) knows or has reason to suspect that an Assistant Controller or a police officer not below the rank of Inspector is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or  

(b) knows or has reason to suspect that a disclosure has been made to an Assistant Controller or a police officer under this Act and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure, commits an offence under this Act. 

(2) Nothing in subsection (1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter--

(a) to his client or the client's representative in connection with the giving of advice to the client in the course and for the purpose of the professional employment of the advocate and solicitor; or  

(b) to any person in contemplation of, or in connection with and for the purpose of, any legal proceedings.  

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/53.Institution of prosecution

53. Institution of prosecution

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

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/54.Forfeiture of articles

54. Forfeiture of articles

(1) Any article, vehicle, book, document, copy or contrivance seized pursuant to this Act shall be liable to forfeiture.

(2) The court trying any person accused of an offence under this Act may at the conclusion of the trial, whether he is convicted or not, order that article, vehicle, book, document, copy or contrivance seized from that person be disposed of or in the case of infringing copies, be delivered up to the first owner of the copyright in question, his assignee or exclusive licensee, as the case may be.

(3) Where there is no prosecution with regard to any article, vehicle, book, document, copy or contrivance seized in exercise of any powers conferred under this Act, the same shall be taken and deemed to be forfeited at the expiration of one calendar month from the date it was seized unless a claim thereto is made before that date in the manner hereinafter set forth.

(4) Any person asserting that he is the owner of any article, vehicle, book, document, copy or contrivance seized under this Act and that the same are not liable to forfeiture may personally or by his agent authorized in writing by him give written notice to an Assistant Controller of his claim.

(5) On receipt of a notice under subsection (4), the Assistant Controller shall refer the notice to the Controller who may, after such enquiry as may be necessary, direct that such article, vehicle, book, document, copy or contrivance be released or forfeited or refer the matter to the court for decision.

(6) The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the article, vehicle, book, document, copy or contrivance and the person from whom they were seized to appear before it and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act or subsidiary legislation made thereunder has been committed and that such article, vehicle, book, document, copy or contrivance was the subject matter or was used in the commission of such offence, shall order the same to be forfeited or may, in the absence of such proof, order the release of such article, vehicle, book, document, copy or contrivance to the person entitled to it.

(7) Any article, vehicle, book, document, copy or contrivance forfeited or deemed to be forfeited shall be delivered to the Controller who shall dispose of it in a manner he deems fit or deliver it up to the first owner of copyright in question, his assignee or exclusive licensee, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/55.Proportional examination of articles seized to be accepted

55. Proportional examination of articles seized to be accepted

(1) Where packages or receptacles containing copies suspected to be infringing copies or otherwise liable to seizure have been seized, it shall be sufficient only to open and examine one per centum or any five copies, whichever is the lesser, of the contents of each package or receptacle seized.

(2) The court shall presume that the remaining copies contained in the package or receptacle are of the same nature as those copies examined.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/56.Protection of informers from discovery

56. Protection of informers from discovery

(1) Except as hereinafter provided, no witness in any civil or criminal proceedings shall be obliged or permitted to disclose the name or address of an informer or the substance and nature of the information received from him or to state any matter which may lead to his discovery.

(2) If any books, documents or papers which are in evidence or are liable to inspection in civil or criminal proceedings whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.

(3) If on the trial for any offence against this Act or any subsidiary legislation made thereunder the court after full enquiry into the case believes the informer unlawfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court to require the production of the original complaint, if in writing, and permit enquiry, and receive full disclosure concerning the informer.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/57.Protection of Assistant Controllers and police officers

57. Protection of Assistant Controllers and police officers

No action or prosecution shall be brought, instituted or maintained in any court against any Assistant Controller or police officer not below the rank of Inspector for or on account of or in respect of any act ordered or done for the purpose of carrying into effect this Act, and no suit or prosecution shall lie in any court against any other person for or on account of or in respect of any act done or purporting to have been done by him under order, direction or instruction of any Assistant Controller or police officer not below the rank of Inspector given for any such purpose as aforesaid:

Provided that the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/58.Omitted or Deleted Section

Part VIII MISCELLANEOUS

58. Omitted or Deleted Section

(Deleted by Act A952).

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/59.Regulations

59. Regulations

The Minister may make regulations for the carrying out of the provisions of this Act.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/59a.Extension of application of Act

59a. Extension of application of Act

(1) The Minister may make regulations applying any of the provisions of this Act specified in the regulations, in relation to a country so specified in the regulations (which in this section is referred to as the "specified country"), which may or may not be a party to a treaty or a member of any Convention or Union relating to copyright or performers' right to which Malaysia is also a party or a member, so as to secure that those provisions--

(a) apply in relation to literary, musical or artistic works, or films or sound recordings, or published editions of literary, musical or artistic works first published in that specified country as they apply in relation to literary, musical or artistic works, or films or sound recordings, or published editions of literary, musical or artistic works first published in Malaysia; 

(b) apply in relation to persons who, at the material time specified in the regulations, are citizens of, or residents in, that specified country as they apply in relation to persons who, at such a time, are citizens of, or permanent residents in, Malaysia; 

(c) apply in relation to bodies corporate incorporated under the laws of that specified country as they apply in relation to bodies corporate established in Malaysia and constituted or vested with legal personality under the laws of Malaysia; 

(d) apply in relation to broadcasts transmitted from that specified country as they apply in relation to broadcasts transmitted from Malaysia; 

(e) apply in relation to works of architecture erected in that ????specified country or any other artistic works incorporated in buildings located in that specified country as they apply in relation to works of architecture erected in Malaysia or any other artistic works incorporated in buildings located in Malaysia;

 (f) apply in relation to every work eligible for copyright if the work is made in that specified country as they apply in relation to every work eligible for copyright if the work is made in Malaysia; 

(g) apply in relation to derivative works in that specified country as they apply in relation to derivative works in Malaysia; and 

(h) apply in relation to a performance taking place in that specified country as they apply in relation to a performance in Malaysia. 

(2) Reference in paragraph (1)(a) to works first published in a specified country shall include works which were first published elsewhere but published in that specified country within thirty days of such publication elsewhere.

(3) Regulations made under subsection (1) may apply the provisions of this Act--

(a) in relation to a specified country other than Malaysia subject to such exceptions or modifications as may be specified in those regulations; 

(b) either generally or in relation to such classes of works or other subject matter as may be specified in those regulations. 

(4) The regulations made under subsection (1) may provide for the application of the regulations in relation to works made or performances performed, as the case may be, before the date Malaysia becomes a party to such a treaty or a member of such a Convention or Union relating to copyright or performers' right as they apply in relation to works made or performances performed, as the case may be, after that date.

(5) The regulations made under subsection (1) shall not be construed as reviving any copyrights or performers' rights which had expired under the laws of the specified country before the date Malaysia becomes a party to such a treaty or a member of such a Convention or Union relating to copyright or performers' right.

(6) The Minister shall not make regulations under this section applying any of the provisions of this Act in respect of a specified country, other than a specified country which is a party to a treaty or a member of any Convention or Union relating to copyright or performers' rights to which Malaysia is also a party or a member, unless the Minister is satisfied that, in respect of the class of works or other subject matter to which those provisions relate, provision has been or will be made under the laws of that specified country whereby adequate protection will be given to owners of copyright or performers under this Act.

(7) Where only by virtue of the regulations made under subsection(1), copyrights subsist in works that were made, or performers' rights subsist in performances performed before the commencement of such regulations, nothing done before the commencement of such regulations shall be taken to constitute an infringement of those copyrights or performers' rights, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/59b.Power of Minister to exclude from definition of "broadcast"

59b. Power of Minister to exclude from definition of "broadcast"

(1) The Minister may, by order, exclude from the definition of "broadcast" in relation to a transmission by wire any of the following services:

(a) an interactive service; 

(b) an internal business service; 

(c) an individual domestic service; 

(d) a service on single-occupier premises otherwise than by way of business amenity; 

(e) a service run for persons providing broadcasting services through means of wire or providing programmes for such services. 

(2) The Minister may, by order, amend subsection (1) so as to add to or remove from the exclusion referred to in that subsection.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/60.Savings

60. Savings

(1) Nothing in this Act shall affect any right or privilege of any person, including the Government, under any written law, except in so far as that law is expressly repealed, amended or modified by or is inconsistent with this Act.

(2) Nothing in this Act shall affect the rights of the Government of Malaysia, or any person deriving title from the Government to sell, use or otherwise deal with articles forfeited under the laws relating to Customs, including articles so forfeited by virtue of this Act or any written law repealed by this Act.

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332,,/61.Repeal

61. Repeal

The Copyright Act 1969 [Act 10] is repealed:

Provided that--

(a) nothing contained in this Act shall affect any person's liability to be prosecuted or punished for offences committed under the repealed Act before the coming into operation of this Act, or any proceedings brought or sentence imposed before that day in respect of such offence; 

(b) any proceedings, whether civil or criminal, or cause of action pending or existing immediately before the coming into operation of this Act shall be continued or instituted under the repealed law as if this Act had not been made; 

(c) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act and any legal proceedings (civil or criminal) or remedy in respect of such right, privilege, obligation or liability shall not be affected and any such legal proceedings or remedy may be instituted or enforced under the relevant provisions of this Act. 

Unannotated Statutes of Malaysia - Principal Acts/COPYRIGHT ACT 1987 Act 332/COPYRIGHT ACT 1987 ACT 332/LIST OF AMENDMENTS