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Paint a mural or install work in public space

Your copyright survives on someone else's wall. What the owner may then do to it is the fight.

Intellectual property rightsArtistic freedomSocio-economic rights
Narrow it down
The chain

What reaches you, and in what order

01

Local Government Act 1976

Act 171

Permission comes from the local authority under a by-law made under this Act, and the council can require removal. Get the permission in writing before the first coat.

I am the artistI commissioned it
02

Copyright Act 1987

Act 332

Copyright in the mural is yours even though the wall is not. Section 25 moral rights, including integrity, are where the argument lands when a wall is painted over or altered.

I am the artistI commissioned it
03

National Heritage Act 2005

Act 645

On or near a declared heritage site, what may be done to the fabric is controlled and the penalty falls on whoever did it.

I am the artistI commissioned it
04

Penal Code

Act 574

Section 298A on causing religious disharmony also reaches public imagery, and it is the heaviest of these: a minimum of two years' imprisonment, with the Criminal Procedure Code's discharge and good-behaviour-bond routes expressly shut off. Raise its constitutionality early. The Supreme Court held in Mamat bin Daud v Government of Malaysia [1988] 1 MLJ 119 that s.298A is in substance a law about religion, which is a State matter, and so beyond Parliament's power. It has never been repealed and it is still charged. Note the limit of the argument: the reasoning turns on Parliament legislating for the States, so it is at its strongest outside the Federal Territories and weakest in Kuala Lumpur, Putrajaya and Labuan, where Parliament does legislate on State subjects.

I am the artist
05

Minor Offences Act 1955

Act 336

The everyday enforcement route is s.15(2), defacing property, not public nuisance, and it is heavier than people expect: up to a year inside or a fine of RM1,000. This Act reaches Peninsular Malaysia only.

I am the artist
06

Contracts Act 1950

Act 136

The commission agreement should say who owns the copyright, whether it can be altered or removed, and who is liable if the council objects.

I am the artistI commissioned it
07

Federal Constitution

Constitution

Article 10 when the objection is to the content rather than the paint.

I am the artist

The one people miss

Commissioners routinely assume that paying for a mural buys the copyright and the right to alter it. Section 26(2) may give them the first; s.25 does not give them the second.

Who this is for
Visual 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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