Situation · 10 steps
§ File · Legislation Pillar 03 · Education

← Legislation library

Take a brand deal as a creator

Advertising standards reach you personally, and the brand's terms usually take the copyright in what you made.

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

What reaches you, and in what order

01

Consumer Protection Act 1999

Act 599

Misleading conduct and false representation reach an endorsement. Saying you use something you do not is inside this Act, not just inside a platform policy.

I am the creatorI am the brand or agency
02

Content Code

Industry code

The advertising parts of the Content Code apply to this work, and under s.98(2) of the Communications and Multimedia Act compliance with the registered Code is a defence to any prosecution or proceeding about a matter the Code covers. Check first whether you are a person subject to the Code; the defence is expressed to run only to those who are." ---

I am the creatorI am the brand or agency
03

Copyright Act 1987

Act 332

Who owns the content you made. The brand's standard terms usually take it outright, when a licence limited by term, territory and media would do.

I am the creatorI am the brand or agency
04

Contracts Act 1950

Act 136

Usage period, exclusivity, approvals, kill fee and whitelisting. Category exclusivity that runs only for the campaign term is ordinarily enforceable; it is the tail after the campaign ends that s.28 of the Contracts Act attacks, so price the tail or cut it.

I am the creatorI am the brand or agency
05

Communications and Multimedia Act 1998

Act 588

What you post in the campaign is still inside s.233.

I am the creator
06

Online Safety Act 2025

Act 866

Platform duties mean a campaign can be removed without anyone charging anyone.

I am the creator
07

Trademarks Act 2019

Act 815

Your handle and your name as marks, and their marks in your content.

I am the creatorI am the brand or agency
08

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 am the creatorI am the brand or agency
09

Gig Workers Act 2025

Act 872

** `If you are shooting stills or video, the Gig Workers Act 2025 names photographers and videographers in its Schedule. That makes the brand the one on the hook, so the protections apply to you directly. No agency or platform needs to be involved.

I am the creator
10

Income Tax Act 1967

Act 53

Payment in kind is still income. Gifted product has a value.

I am the creator

The one people miss

Read the intellectual property clause before the fee. A perpetual worldwide assignment for a one-month campaign is the standard opening position and it is negotiable.

Who this is for
Content creationDigital & mediaFashion & craft
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.

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