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DJ a club night

You are playing other people's recordings to a paying room. Three separate licences, one venue licence, a state layer, and a tax nobody budgets for.

Intellectual property rightsSocio-economic rightsArtistic freedom
Narrow it down
The chain

What reaches you, and in what order

01

Collecting societies

Licensing bodies

Playing recorded music to a paying room engages three separate claims held by three separate bodies: MACP for the musical work, PPM for the sound recording, and RPM for the performers on it. A room holding one of the three is under-licensed, and the liability lands on whoever put the night on.

I am the venueI am the promoter
02

Copyright Act 1987

Act 332

Public performance and communication to the public are acts the copyright owner controls. Your own edits, bootlegs and mashups are derivative works: making one is a permission, playing it is a second, releasing it is a third.

I am the DJI am the promoterI am the venue
03

Entertainment (Federal Territory of Kuala Lumpur) Act 1992

Act 493

In Kuala Lumpur the premises needs an entertainment licence, and the conditions attached to it are where hours and content are actually controlled. The licence, not a statute, is usually what a shutdown is based on.

I am the venueI am the promoter
04

State entertainment enactments

State law

Outside KL the same power sits in state enactments and council by-laws, and they differ by state. Confirm the licensing position before you confirm the date.

I am the venueI am the promoter
05

Local Government Act 1976

Act 171

Operating hours, amplified noise and premises licensing come from local authority by-laws made under this Act. If you are being moved on or closed early, this is usually why.

I am the venueI am the promoter
06

Entertainments Duty Act 1953

Act 103

Entertainments duty is charged on payments for admission. In the Federal Territories it runs under the Entertainments Duty Act 1953, where the Collector is the Minister of Finance and the rate is set by resolution of the Dewan Rakyat. Outside the Federal Territories each state has its own entertainment duty enactment and its own rate and exemptions, so confirm which one you are under before you price the ticket. Either way it is a real line on a ticketed show's budget and first-time promoters leave it out.

I am the promoter
07

Income Tax Act 1967

Act 53

Book a non-resident DJ and the withholding under s.109A is yours, not the artist's. The rate is 15 per cent of the gross under Part II of Schedule 1, you deduct on paying or crediting and you must account for it and pay it to the Director General within one month. Miss it and s.109(2) adds a further 10 per cent and makes the whole thing a debt payable forthwith. If you book through a company the debt is the company's, but s.75A makes any director who controls twenty per cent or more of the shares jointly and severally liable for it, which in a two-person promoter company is everybody.

I am the promoter
08

Immigration Act 1959/63

Act 155

A performance is work, so a foreign DJ needs the right pass. A social visit pass is the wrong pass and the exposure runs to the person who brought them in.

I am the promoter
09

PUSPAL

Guidelines

Foreign performers also need PUSPAL clearance before the immigration pass issues, and that is usually the binding constraint on your timeline, not the pass itself.

I am the promoter
10

Contracts Act 1950

Act 136

The booking is a contract whether or not anyone signed anything. Section 28 makes agreements in restraint of trade void, and Malaysian courts do not soften a restraint for reasonableness the way English courts do; if it is a restraint it is simply void. But the section bites on what happens **after** the deal ends. A radius clause that stops you playing another room in the weeks after this show is squarely in its sights. An exclusivity that only binds you while the booking is on foot is not: in Polygram Records v Hillary Ang the High Court upheld exactly that kind of in-term exclusive against a band. Treat the post-term restriction as the weak one and the in-term one as real.

I am the DJI am the promoterI am the venue
11

Occupational Safety and Health Act 1994

Act 514

** `Since 1 June 2024 the safety duty can land on you, the person running the night, and not only on the crew's own employer. It lands on you if you are telling them how to do the work. If you leave the method entirely to their employer, that particular duty is not yours.

I am the venueI am the promoter
12

Anti-Sexual Harassment Act 2022

Act 840

The Tribunal takes complaints from outside an employment relationship, which is exactly the shape harm takes in nightlife: a freelancer and a gatekeeper who is not their employer.

I am the DJI am the promoterI am the venue
13

Penal Code

Act 574

Section 294(b) reaches whoever, **to the annoyance of others**, sings, recites or utters any obscene song, ballad or words in or near any public place. Annoyance to somebody is part of the offence, not background, and it is the first thing to test. The maximum is three months' imprisonment, a fine, or both.

I am the DJ
14

Service Tax Act 2018

Act 807

Once past the registration threshold, event and related services can be taxable. The list is widened by order most years, so check the current schedule rather than a remembered figure.

I am the promoterI am the venue

The one people miss

The single most common failure is the room assuming one licence covers the music. It does not. MACP, PPM and RPM are three separate bodies collecting on three separate rights, and each sets its own tariff.

Who this is for
MusicPerforming arts
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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