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Copyright Act 1987

COPYRIGHT ACT 1987

AKTA HAKCIPTA 1987

Act 332 · consolidated to 30 Jun 2022 · 120 pp

Intellectual property rights
This copy of the Act is 4 years old. Any amendment made since 30 June 2022 is not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

The single most important statute for anyone who makes anything in Malaysia. It decides what counts as a protected work, who owns it first, how long it lasts, what a licence has to look like to be valid, and what you can do when someone takes it. Malaysia has no copyright registration system: protection is automatic on fixation, and the Voluntary Notification system is evidence, not title.

Watch this

Section 26(2) is the clause that quietly transfers ownership of commissioned work and work made in the course of employment. It can be contracted out of; most artists never do. Section 27 requires assignments and exclusive licences to be in writing.

Start here

What to read first

Section numbers read out of the AGC text itself

s.7Works eligible for copyright
s.36Infringements
s.13Nature of copyright in literary, musical or artistic works, films and sound recordings
s.17Duration of copyright in literary, musical or artistic works
s.26First ownership of copyright
s.27Assignment, licences and testamentary disposition
s.25Moral rights
s.16ANature of performers’ right
In practice

Where this one bites

Scenario

DJ a club night

You are playing other people's recordings to a paying room. Three separate licences, one venue licence, a stat…

Scenario

Post a set, reel or performance video

Uploading is reproduction and communication to the public, and then four separate speech regimes sit on top of…

Scenario

Release and distribute a track

Ownership, registration and the two separate rights in every recording.…

Scenario

Licence a song for an ad, film or game

Two permissions, usually from two different owners, and a blanket licence is neither of them.…

Scenario

Shoot and screen a film or documentary

Approval is the gate, a FINAS licence is the price of admission, and possession alone is an offence.…

Scenario

Exhibit and sell your work

Selling the object is not selling the copyright, and the commission clause decides who owned it in the first p…

Full arrangement of sections 107 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title, application and commencement
s.2Extent of application
s.3Interpretation
s.4Publication
s.5Controller, Deputy Controllers and Assistant Controllers
s.6No copyright except by virtue of this Act
s.7Works eligible for copyright
s.8Derivative works
s.9Copyright in published editions of works
s.10Qualification for protection
s.10AQualification for protection of performer
s.11Copyright in works of Government, Government organizations and international bodies
s.12Administration of Government copyright
s.13Nature of copyright in literary, musical or artistic works, films and sound recordings
s.13ADesign documents and models
s.13BEffect of exploitation of design derived from artistic work
s.14Nature of copyright in works of architecture
s.15Nature of copyright in broadcasts
s.16Broadcasting of works incorporated in films
s.16ANature of performers’ right
s.16BEquitable remuneration
s.17Duration of copyright in literary, musical or artistic works
s.18Duration of copyright in published editions
s.19Duration of copyright in sound recording
s.20Duration of copyright in broadcasts
s.22Duration of copyright in films
s.23Duration of copyright in works of Government, Government organizations and international bodies
s.23ADuration of performers’ rights
s.23BDuration of an equitable remuneration
s.25Moral rights
s.25AMoral rights of a performer
s.26First ownership of copyright
s.26AVoluntary notification of copyright
s.26BRegister of Copyright
s.26CAmendments to the Register of Copyright
s.27Assignment, licences and testamentary disposition
s.27ACollective management organization Copyright
s.27AALicensing schemes to which sections 27B to 27G apply
s.27BReference of proposed licensing scheme to Tribunal
s.27CReference of licensing scheme to Tribunal
s.27DFurther reference of licensing scheme to Tribunal
s.27EApplication for grant of licence in connection with licensing scheme
s.27FApplication for review of order as to entitlement to licence
s.27GEffect of order of Tribunal as to licensing scheme
s.27HLicences to which sections 27I to 27L apply
s.27IReference to Tribunal of terms of proposed licence
s.27JReference to Tribunal of expiring licence
s.27KApplication for review of order as to licence
s.27LEffect of order of Tribunal as to licence
s.27MGuidelines
s.28Establishment and powers of Copyright Tribunal
s.29Appointment of Chairman and members of Tribunal
s.30Proceedings before the Tribunal
s.30AReference of questions of law to High Court
s.31Licence to produce and publish translation
s.33Tribunal may request for information
s.34No action to lie against Tribunal
s.35Regulations relating to Tribunal
s.36Infringements
s.36ACircumvention of technological protection measure
s.36BRights management information
s.37Action by owner of copyright and relief
s.38Proceedings in case of copyright subject to exclusive licence
s.39Restriction on importation of infringing copies
s.39AApplication of sections 36, 37, 38 and 39 to performers’ right
s.40Back-up copy of computer program
s.41Offences
s.41ACompounding of offences
s.42Affidavit admissible in evidence
s.43Penalty
s.43AOffences relating to anti-camcording
s.43AAOffences relating to streaming technology
s.43BInterpretation
s.43CTransmission, routing and provision of connections
s.43DSystem caching
s.43EStorage and information location tools
s.43FExemption of service provider from liability for removal of copy or other activities from network
s.43GInformation on service provider
s.43HNotification by copyright owner and its effect
s.43IMaker of false notice guilty of offence and liable in damages
s.44Entry by warrant or otherwise
s.45Effecting entry, removal and detention
s.45AAccess to computerized or digitalized data Copyright
s.46List of things seized
s.47Sealing of things
s.48Obstruction to search, etc
s.49Warrant admissible notwithstanding defects, etc
s.50Powers of investigation
s.50APower of arrest
s.50BPower to intercept communications
s.51Admissibility of statement
s.51AEvidence of agent provocateur is admissible
s.51BTest purchase
s.52Disclosure of information
s.52ATipping-off
s.52BPower of the Assistant Controller to require provision of information
s.53Institution of prosecution
s.54Forfeiture of articles
s.55Proportional examination of articles seized to be accepted
s.56Protection of informers from discovery
s.57Protection of Assistant Controllers and police officers
s.59Regulations
s.59AExtension of application of Act
s.59BPower of Minister to exclude from definition of “broadcast”
s.59CDispute relating to royalties
s.60Savings
s.61Repeal
Made under it

Subsidiary legislation

P.U.(A) 159/2012Copyright (Licensing Body) Regulations 2012 →
P.U.(A) 212/2012Copyright (Copyright Tribunal) Regulations 2012 →
Full text

Read the law

PDF · 1.2 MB · hosted by ALIM

English text

Open the full text →

PDF · 1.1 MB · hosted by ALIM

Teks Bahasa Malaysia

Open the full text →

Source of record · lom.agc.gov.my/act-detail.php?act=332&lang=BI

Who this reaches
Visual artsMusicFilm & TVPerforming artsLiterature, writing & publishingFashion & craftDigital & mediaMuseum & archivingContent creationEverything else
Important notice

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The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

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