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Sign a management, label or agency deal

** `What you assign you do not get back. And the clause that looks like a life sentence is often weaker than it reads, though that is a fight to have with advice, not a reason to walk away on your own.

Socio-economic rightsIntellectual property rights
Narrow it down
The chain

What reaches you, and in what order

01

Contracts Act 1950

Act 136

Section 28 makes agreements in restraint of trade void, and there is no reasonableness discretion in Malaysia; a restraint is either outside the section or it is void. The section reaches post-term restrictions, so a clause stopping you signing elsewhere for two years after the deal ends is vulnerable. It does not reach exclusivity that only operates while the deal is running: Polygram Records v Hillary Ang upheld an in-term exclusive recording covenant against a band. A post-term commission on income from deals done during the term is a payment obligation rather than a restraint, so do not assume s.28 kills it; negotiate a sunset instead. Sections 15, 16 and 20 cover coercion, undue influence and mistake if you need to set the contract aside.

I am the artistI am the manager or label
02

Copyright Act 1987

Act 332

Section 27(3) requires every assignment and every licence to be in writing, exclusive or not. Understand exactly what is assigned, for how long, and whether it reverts.

I am the artistI am the manager or label
03

Stamp Act 1949

Act 378

Stamp it. Section 52 keeps an unstamped instrument out of evidence, but the proviso to s.52(1) lets the court admit it on payment of the duty and the s.47A penalty, and s.51 lets the document be impounded and stamped mid-case. So the defect is curable even at trial; it is just expensive, embarrassing and it hands the other side a delay. Stamp within thirty days of execution and none of this arises.

I am the artistI am the manager or label
04

Specific Relief Act 1950

Act 137

Damages are often not the remedy you want. Rescission, rectification and injunctions are here, and in arts disputes what you want is usually the work back or the deal undone.

I am the artist
05

Limitation Act 1953

Act 254

Six years for contract, and s.29 postpones time where the claim was concealed by fraud, which is the usual argument when royalties were never reported.

I am the artist
06

Arbitration Act 2005

Act 646

An arbitration clause decides where the fight happens and whether a court must stay proceedings. Most Malaysian arts contracts point at AIAC without anyone reading it.

I am the artistI am the manager or label
07

Industrial Relations Act 1967

Act 177

If you were in truth an employee rather than a contracting artist, s.20 of the Industrial Relations Act 1967 is the route: written representations to the Director General for Industrial Relations, not to the Industrial Court, within sixty days of the dismissal. There is no wage ceiling on who counts as a workman, and this route runs throughout Malaysia.

I am the artist
08

Gig Workers Act 2025

Act 872

The Gig Workers Act 2025 already names actors, film crew, singers, musicians, composers, lyricists, make-up artists, stylists, photographers and videographers in its Schedule, so those artists are covered whether or not a platform is involved. Dancers, visual artists, writers, theatre directors, stage crew and DJs are not in the Schedule, and s.110 lets the Minister add them by order. That is where ALIM should be pushing. Note too that a gig worker cannot also be an employee; the Act's definition of service agreement expressly excludes a contract of service or of employment.

I am the artist

The one people miss

Never sign an assignment where a licence would do. An assignment moves ownership; a licence lends it back on terms and ends.

Who this is for
MusicPerforming artsContent creationLiterature, writing & publishing
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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