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§ File · Legislation Pillar 03 · Education

← Legislation library

Archive, conserve or exhibit heritage material

Listing constrains the owner, export catches the unaware, and copyright outlives everyone who could give permission.

Socio-economic rightsIntellectual property rightsArtistic freedom
Narrow it down
The chain

What reaches you, and in what order

01

National Heritage Act 2005

Act 645

The National Heritage Register, declaration of sites and objects, and controls on export and alteration. Declaration constrains what an owner may do with their own property, and objects get caught on export without anyone realising they were listed.

I hold the materialI want access
02

National Archives Act 2003

Act 629

Public records, their transfer and disposal, and the access provisions. This decides what may lawfully be copied or exhibited from a public collection.

I hold the materialI want access
03

Copyright Act 1987

Act 332

Term depends on what the item is. Literary, musical and artistic works run for the author's life plus fifty years. Sound recordings, films and broadcasts run fifty years from the year after publication, fixation or broadcast, with no reference to anyone's death. Most archive material is still in copyright and often has no traceable owner, so duration and first ownership are the two questions, and you must ask them per item.

I hold the material
04

Distribution Act 1958

Act 300

When a non-Muslim artist dies intestate in Peninsular Malaysia or Sarawak, the Distribution Act 1958 decides who inherits the catalogue and therefore who can now give you permission; s.6 sets the shares between spouse, issue and parents. The Act does not apply in Sabah, which has its own succession law, and by s.2 it does not apply to the estate of a Muslim at all. A Muslim artist's estate is distributed under faraid, and the people who can licence the work are those named in the sijil faraid issued by the Syariah court. Establish which regime you are in before you write to anyone.

I hold the material
05

Marrakesh Treaty

Treaty

The basis for making and sharing accessible-format copies without the rightholder's permission.

I hold the material
06

Personal Data Protection Act 2010

Act 709

Filming the room means processing other people's personal data. Since 1 June 2025 you must notify the Commissioner of a personal data breach as soon as practicable and no later than 72 hours after it happens, and then tell the affected people within 7 days of notifying the Commissioner where the breach causes or is likely to cause them significant harm. Note the trigger: the 72 hours runs from the breach happening, not from you finding out about it, and if you miss it you have to give the Commissioner a written explanation with supporting evidence. There is no size threshold on that duty. The data protection officer duty is different: it only bites if you process the personal data of 20,000 or more people, the sensitive personal data of 10,000 or more, or your core activity is regular and systematic monitoring. Almost no individual artist will reach that.

I hold the material
07

National Visual Arts Development Board Act 2011

Act 724

The statutory framework behind national collection acquisition and disposal.

I hold the material
08

Official Secrets Act 1972

Act 88

Classified material, where the Minister's certificate is conclusive.

I want access

The one people miss

The orphan works problem has no clean Malaysian solution. Document your diligent search before you publish, because that record is the only mitigation available.

Who this is for
Museum & archivingVisual artsLiterature, writing & publishingFilm & TV
Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

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.

Please do not act, or decide not to act, on the strength of this page alone. Take advice from an advocate and solicitor on your own facts. To the extent permitted by law, ALIM and its contributors accept no liability for any loss arising from reliance on this page.

If you have a live problem, talk to us. It is free and confidential.