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§ File · Legislation Pillar 03 · Education

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Licence a song for an ad, film or game

Two permissions, usually from two different owners, and a blanket licence is neither of them.

Intellectual property rightsSocio-economic rights
Narrow it down
The chain

What reaches you, and in what order

01

Copyright Act 1987

Act 332

Section 27(3) requires every licence to be in writing, exclusive or not, so a sync agreed in conversation has no effect at all.

I own the musicI want to use the music
02

Collecting societies

Licensing bodies

A blanket public performance licence from MACP, PPM or RPM is not a sync licence and never has been. Sync is negotiated directly with the owners.

I want to use the music
03

Contracts Act 1950

Act 136

Term, territory, media, exclusivity and the most-negotiated clause of all: what happens on renewal.

I own the musicI want to use the music
04

Stamp Act 1949

Act 378

Stamp within thirty days of execution. Late stamping costs you the unpaid duty plus, under s.47A, RM50 or ten per cent of the deficient duty (whichever is greater) if you fix it within three months of the deadline, and RM100 or twenty per cent (whichever is greater) after that. Since 1 January 2026 most arts agreements fall in Phase 1 of the stamp duty self-assessment system, which means you assess and pay through MyTax yourself and can be audited on it afterwards. LHDN has waived certain 2026 penalties for getting the self-assessed return wrong, but that waiver does not touch late stamping, so an old unstamped agreement is still a full-penalty problem.

I own the musicI want to use the music
05

Income Tax Act 1967

Act 53

The increase is not the worst of it. Section 39(1)(q) disallows the whole fee as a deduction if the tax was not withheld and paid over, and you only get the deduction back by paying the tax and the ten per cent increase. On a six-figure fee that turns a five-figure problem into a six-figure one. The Director General can remit the increase for good cause under s.109(3A), but do not plan on it.

I own the musicI want to use the music
06

Trademarks Act 2019

Act 815

Use of your artist name in the credit or the campaign is a separate question from use of the music.

I own the music
07

Berne Convention

Treaty

National treatment means a Malaysian work is protected in the buyer's territory without formality.

I own the music

The one people miss

The two-rights problem is where almost every Malaysian sync falls over: a brand clears the recording from a label and never clears the song from the writers.

Who this is for
MusicFilm & TVDigital & media
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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