Malaysia legislation

Section 30

of COPYRIGHT (AMENDMENT) ACT 2012

Section 30

Amendment of section 41

(a)

in subsection (1)—

(i)

in the paragraph (d), by subsituting for the word

“possesses” the words “has in his possession, custody or control”;

(ii)

in paragraph (h)—

(a)

by inserting after the words “or causes”

the words “or authorizes”; and

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Copyright (Amendment)

(b)

by substituting for the words

“subsection 36(3)” the words

“subsection 36a(1)”;

(iii)

by inserting after paragraph (h) the following paragraph:

“(ha) manufactures, imports or sells any technology or device for the purpose of the circumvention of technological protection measure referred to in subsection 36a(3);”;

(iv)

in paragraph (i), by inserting before the words

“without authority” the words “referred to in section 36b”; and

(v)

in paragraph (ii), by substituting for the words

“paragraph (g)” the words “paragraphs (g) and

(ha)”;

(b)

in subsection (3), by substituting for the words “a literary, or musical work” the words “a literary or musical work, sound recording or film”; and

(c)

by substituting for subsection (4) the following subsection:

“(4)  Where an offence under this section is committed by a body corporate or by a person who is a partner in a firm, every director, chief executive officer, chief operating officer, secretary, manager or other similar officer of the body corporate or every other partner in the firm or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of the affairs of the body corporate or firm or was assisting in such management, as the case may be, shall be deemed to be guilty of the offence and may be charged severally or jointly in the same proceedings with the body corporate or firm unless he proves that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent the commission of the offence.”.

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Amendment of section 42