Malaysia legislation
Section 17
Section 17
The principal Act is amended by substituting for section 27a the following section:
“Licensing body 27a. (1) A society or an organization which intends to operate as a licensing body for copyright owners or for a specified class of copyright owners shall apply to the Controller to be declared as a licensing body.
(2)
An application for a declaration shall be made in such form and on such medium as the Controller may determine which shall contain the following information:
(a)
the applicant’s constituent document, which has as its main object, or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of copyright licences, and whose objects also include the granting of licences covering works of more than one author; and
(b)
the list of copyright owners or their agents who are members of the applicant.
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(3)
Upon receipt of an application, the Controller may declare an applicant to be a licensing body and issue a declaration in writing to that effect to the said applicant.
(4)
Notwithstanding subsection (3), the Controller shall refuse an application if the information provided by the applicant pursuant to subsection (2) is insufficient or unsatisfactory to show that the applicant is fit and proper to be a licensing body.
(5)
The licensing body shall provide the Controller with a copy of its profit and loss account, balance sheet and auditor’s report which are tabled at the licensing body’s annual general meeting not later than one month after the date of the annual general meeting.
(6)
The Controller may revoke a declaration given to a licensing body if he is satisfied that the licensing body—
(a)
is not functioning adequately as a licensing body;
(b)
no longer has the authority to act on behalf of all its members;
(c)
is not acting in accordance with its rules or in the best interests of its members, or their agents;
(d)
has altered its rules so that it no longer complies with any provision of this Act;
(e)
has refused, or failed, without reasonable excuse, to comply with the provisions of this Act; or
(f)
has been dissolved.
(7)
A licensing body which is aggrieved by the decision of the Controller under subsection (6) may appeal to the Tribunal within one month from the date of the decision.
(8)
Any society or organization which operates as a licensing body without obtaining a declaration under subsection (1)
or any licensing body which does not comply with the provisions of subsection (5) commits an offence and shall upon conviction be liable to a fine not exceeding five hundred thousand ringgit.”.
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Copyright (Amendment)
New section 27aa