Malaysia legislation
Section 13
Section 13
Section 16b of the principal Act is amended—
(a)
in subsection (2), by deleting the words “or at the time of the transfer of the rental right”;
(b)
in subsection (3) of the national language text, by substituting for the words “persembahan secara langsungnya” the word “persembahannya”;
(c)
by inserting after subsection (3) the following subsections:
“(3a) In the absence of a contract on the equitable remuneration payable under subsection (1), the performer may apply to the Tribunal to determine the amount payable as equitable remuneration.
(3b)
The performer may also apply to the
Tribunal—
(a)
to vary any contract as to the amount payable as equitable remuneration; or
(b)
to vary any previous determination of the Tribunal relating to the equitable remuneration.
(3c)
An application by a performer under paragraph
(3b)
may only be made within twelve months from the date of a previous determination, unless special leave by the Tribunal has been obtained.
(3d)
On an application under this section, the
Tribunal shall consider the matter and make such order as to the method of calculation and payment of equitable remuneration as it may determine to be reasonable in the circumstances, taking into account the importance of the contribution of the performer to the sound recording.
(3e)
A contract is of no effect in so far as it purports to prevent a performer questioning the amount of equitable remuneration or to restrict the powers of the Tribunal under this section.”; and
11
Copyright (Amendment)
(d)
by substituting for subsection (4) the following subsection:
“(4) For the purpose of this section, “published for commercial purpose” means the sound recording has been made available to the public by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them.”.
Amendment of section 23a