Malaysia legislation
Section 26
Section 26
New sections 36a and 36b
The principal Act is amended by inserting after section 36
the following sections:
“Circumvention of technological protection measure 36a. (1) If a technological protection measure is applied to a copy of a work by or with the authorization of the owner of the copyright in the work, no person shall circumvent, or cause or authorize any other person to circumvent, the technological protection measure—
(a)
that is used by the owner of the copyright in connection with the exercise of his rights under this Act; and
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Copyright (Amendment)
(b)
that restricts acts in respect of his works which are not authorized by the owner concerned or permitted by law.
(2)
Subsection (1) does not apply if the circumvention of technological protection measure is—
(a)
for the sole purpose of achieving interoperability of an independently created computer program with the original program or any other programs;
(b)
for the sole purpose of identifying and analyzing flaws and vulnerabilities of encryption technology;
(c)
for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network;
(d)
for the sole purpose of identifying and disabling an undisclosed capability to collect or disseminate personally identifying information about the online activities of a natural person;
(e)
in relation to anything lawfully done for the sole purpose of—
(i)
law enforcement;
(ii)
national security; or
(iii)
performing a statutory function; or
(f)
done by a library, an archive or an educational institution for the sole purpose of making an acquisition decision in relation to a work in which copyright subsists.
(3)
No person shall—
(a)
manufacture for sale or hire;
(b)
import otherwise than for his private and domestic use;
or
(c)
in the course of a business—
(i)
sell or let for hire;
(ii)
offer or expose for sale or hire;
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(iii)
advertise for sale or hire;
(iv)
possess; or
(v)
distribute;
(d)
distribute for purposes other than in the course of a business to such an extent as to affect prejudicially the owner of the copyright; or
(e)
offer to the public or provide any service in relation to, any technology, device or component which—
(a)
is promoted, advertised or marketed for the purpose of the circumvention of technological protection measure;
(b)
has only a limited commercially significant purpose or use other than to circumvent technological protection measure; or
(c)
is primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of technological protection measure.
(4)
The Minister may prescribe any technology, device or component which may operate as a technological protection measure to be exempted from the application of this section.
Rights management information 36b. (1) No person shall—
(a)
remove or alter any electronic rights management information without authority; or
(b)
distribute, import for distribution or communicate to the public, without authority, of works or copies of works knowing that electronic rights management information has been removed or altered without authority,
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Copyright (Amendment)
and knowing or having reasonable grounds to know that such act will induce, enable, facilitate or conceal an infringement of any rights under this Act.
(2)
Subsection (1) does not apply if the removal or alteration of any electronic rights management information without authority is—
(a)
in relation to anything lawfully done for the sole purpose of—
(i)
law enforcement;
(ii)
national security; or
(iii)
performing a statutory function; or
(b)
done by a library, an archive or an educational institution for the sole purpose of making an acquisition decision in relation to a work in which copyright subsists.
(3)
For the purposes of this section and section 41, “rights management information” means information which identifies the work, the author of the work, the owner of any right in the work, the performer or the terms and conditions of use of the work, any number or codes that represent such information, when any of these items is attached to a copy of a work or appears in connection with the communication of a work to the public.”.
Amendment of section 37