Section 9 — AKTA HAK CIPTA (PINDAAN) 2012

(a)

in subsection (1), by substituting for the words “of the whole work or a substantial part thereof, either in its original or derivative form provided that, without prejudice to paragraph (e), the exclusive right to control the distribution of copies refer only to the act of putting into circulation copies not previously put into circulation in Malaysia and not to any subsequent distribution of those copies or any subsequent importation of those copies into Malaysia.” the following words:

“of the whole work or a substantial part thereof, either in its original or derivative form provided that—

(a)

the exclusive right to control the distribution of copies refer only to the act of putting into circulation copies not previously put into circulation in Malaysia and not to any subsequent distribution of those copies or any subsequent importation of those copies into

Malaysia; and

(b)

the exclusive right to control commercial rental in relation to films shall only apply when such commercial rental has led to widespread copying of such work materially impairing the exclusive right of reproduction.”;

(b)

in subsection (2)—

(i)

by substituting for paragraph (a) the following paragraph:

“(a) the doing of any of the acts referred to in subsection (1) by way of fair dealing including for purposes of research, private study, criticism, review or the reporting of news or current events:

Provided that it is accompanied by an acknowledgement of the title of the work and its authorship, except

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Copyright (Amendment)

that no acknowledgment is required in connection with the reporting of news or current events by means of a sound recording, film or broadcast;”

(ii)

in paragraph (g), by substituting for the word

“recording” the word “reproduction”;

(iii)

by substituting for paragraph (gggg) the following paragraph:

“(gggg) the making and issuing of copies of any work into a format to cater for the special needs of people who are visually or hearing impaired and the issuing of such copies to the public by non-profit making bodies or institutions and on such terms as the Minister may determine;”;

(iv)

in paragraph (j), by deleting the words “wholly-owned by the Government”;

(v)

in paragraph (o), by deleting the word “and” at the end of the paragraph;

(vi)

in paragraph (p), by substituting for the full stop at the end of the paragraph the word “; and”;

and

(vii)

by inserting after paragraph (p) the following paragraph:

“(q) the making of a transient and incidental electronic copy of a work made available on a network if the making of such copy is required for the viewing, listening or utilization of the said work.”; and

(c)

by inserting after subsection (2) the following subsection:

“(2a) For the purposes of paragraph (2)(a), in determining whether a dealing constitutes a fair dealing, the factors to be considered shall include—

(a)

the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;

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(b)

the nature of the copyright work;

(c)

the amount and substantiality of the portion used in relation to the copyright work as a whole;

and

(d)

the effect of the dealing upon the potential market for or value of the copyright work.”.

Amendment of section 13b