Copyright (Amendment) Act 2022

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

by deleting the definition of “licensing body”;

by inserting after the definition of “author” the following definition:

‘ “authorized entity” means an entity prescribed by the Minister under subsection 13(2c);’;

by inserting after the definition of “performers’ right”

the following definition:

‘ “person with print disability” means a person who is registered as a person with disability under the Persons with Disabilities Act 2008 [Act 685]

who is—

blind;

visually impaired or has a perceptual or reading disability which cannot be improved to give visual function substantially equivalent to that of a person without such impairment or disability, and due to such impairment or disability is unable to read printed works to substantially the same degree as a person without such impairment or disability; or

unable to hold or manipulate a book or to focus or move the eyes, to the extent that would be normally acceptable to read due to physical disability;’;

by inserting after the definition of “citizen” the following definition:

‘ “collective management organization” means a body corporate which is declared as a collective management organization under section 27a;’; and

Copyright (Amendment)

by inserting before the definition of “adaptation”

the following definition:

‘ “accessible format copy” means a copy of a work in an alternative manner or form which gives a person with print disability access to the work including to permit the person with print disability to have access as feasibly and comfortably as a person without such disability for his exclusive use;’.

Amendment of section 13

in subsection (2)—

in paragraph (gggg), by deleting the words

“visually or”;

an authorized entity; or

by inserting after paragraph (q) the following paragraphs:

“(r) the importation for the purpose of distribution or making available of copies of any work in an accessible format copy by an authorized entity, the person with print disability himself or any other person acting on his behalf including his caregiver, and on such terms as the

Minister may determine; and

the exportation for the purpose of distribution or making available of copies of any work in an accessible format copy by an authorized entity to a member of the Marrakesh Treaty and on such terms as the Minister may determine.”; and

by inserting after subsection (2a) the following subsections:

“(2b)  For the purpose of paragraph 2(s),

“Marrakesh Treaty” means the Marrakesh Treaty to

Facilitate Access to Published Works for Persons

Who Are Blind, Visually Impaired, or Otherwise Print

Disabled done in Marrakesh on 27 June 2013.

For the purpose of paragraphs (2)(ggggg),

in subsection (1)—

by deleting the words “the author of the work,”;

and

in subsection (3) by deleting paragraph (b).

Amendment of section 27a

in subsection (1)—

by substituting for the words “A society or an organization” the words “A body corporate”; and

in subsection (2)—

in paragraph (a), by deleting the word “and”

at the end of the paragraph;

by inserting after the words “copyright owners”

the words “, authors or performers”;

and

by substituting for the full stop at the end of the paragraph the words “; and”;

and

by inserting after subsection (2) the following subsection:

“(2a)  The application made under subsection (2)

shall be accompanied with a fee as may be prescribed by the Minister.”;

in subsection (3), by substituting for the words

“licensing body” the words “collective management organization for a period of two years”;

by inserting after subsection (3) the following subsections:

“(3a)  An application for a renewal of the declaration issued under subsection (3) shall be made by the collective management organization to the Controller

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not later than sixty days before the date of expiry of the declaration, and the application shall be—

made in the form and manner as may be determined by the Controller;

accompanied with a fee as may be prescribed by the Minister; and

submitted together with any information, particulars or documents as may be determined by the Controller.

Any application for the renewal made after the expiry of the declaration issued under this

Act shall be subject to a payment of surcharge as may be prescribed by the Minister.

The date of expiry of the declaration renewed under subsection (3a) shall be stated in the declaration.”;

The person to whom the guidelines referred to in subsection (1) applies shall comply and give effect to such guidelines.

The Controller may revoke, vary, revise or amend the whole or any part of any guidelines issued under this section.”.

Amendment of section 36a

in subparagraph (e)(iii), by deleting the word “or” at the end of the subparagraph;

in paragraph (f), by substituting for the full stop at the end of the paragraph the words “; or”; and

Copyright (Amendment)

by inserting after paragraph (f) the following paragraph:

“(g) done by an authorized entity or a person with print disability himself or any other person acting on his behalf including his caregiver, for the exclusive use of the person with print disability, for the sole purpose of—

making and issuing copies of any work into an accessible format copy; or

in paragraph (ha), by substituting for the words

“or sells” the words “, sells or lets for hire, offers or exposes for sale or hire, advertises for sale or hire, possesses or distributes”;

in paragraph (i), by deleting the word “or” at the end of the paragraph;

in paragraph (j), by substituting for the comma at the end of the paragraph the words “; or”;

by inserting after paragraph (j) the following paragraph:

“(k) provides or shares access to an online location of any works or copies of works to any other person without authority,”; and

in subparagraph (iii), by substituting for the words

“(i) and (j)” the words “(i), (j) and (k)”.

any offence under this Act and any subsidiary legislation made under this Act as an offence which may be compounded; and

the method and procedure for compounding such offence.

The Controller, Deputy Controller or any person authorized in writing by the Controller may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence upon payment to the Controller, Deputy Controller or any person authorized in writing by the Controller, a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.

Copyright (Amendment)

The written offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the written offer is not paid within the time specified in the written offer, or such extended time as the Controller, Deputy Controller or any person authorized in writing by the Controller may grant, the prosecution for the offence may be instituted at any time after that against the person to whom the written offer was made.

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and the Controller, Deputy Controller or any person authorized in writing by the Controller, may forfeit or return any article, vehicle, book, document, copy or contrivance seized in connection with the offence, subject to such terms as the Controller, Deputy Controller or any person authorized in writing by the Controller thinks fit.

All sums of money received by the Controller,

Deputy Controller or any person authorized in writing by the Controller under this section shall be paid into and form part of the Federal Consolidated Fund.”.

Amendment of section 43a

in the definition of “audiovisual recording device”, by substituting for the words “motion picture”

the word “film”;

by deleting the definition of “motion picture”; and

in the definition of “screening room”, by substituting for the words “a motion picture, including a motion picture theatre” the words “a film”.

manufacturing a streaming technology for sale or hire;

importing a streaming technology;

selling or letting for hire, offering, exposing or advertising for sale or hire, possessing or distributing a streaming technology in the course of a business;

distributing a streaming technology for purposes other than in the course of a business to such an extent as to affect prejudicially the owner of the copyright; or

offering to the public or providing any service of streaming technology.

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit and not more than two hundred thousand ringgit or to imprisonment for a term not exceeding twenty years or to both.

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

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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.

For the purpose of this section, “streaming technology”

includes computer program, device or component which is used in part or in whole that results in an infringement of the copyright in a work.”.

Amendment of section 48

in paragraph (d), by deleting the word “or” at the end of the paragraph;

in paragraph (e), by substituting for the comma at the end of the paragraph the words “; or”; and

by inserting after paragraph (e) the following paragraph:

“(f) knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with the knowledge that he is likely thereby to screen the offender from legal punishment, or with that intention or knowledge gives any information in respect of the offence which he knows or believes to be false,”.

has any information or any document that is relevant to the performance of the Assistant Controller’s powers and functions under this Act; or

is capable of giving any evidence which the

Assistant Controller has reason to believe is relevant to the performance of the Assistant Controller’s powers and functions under this Act.

Notwithstanding any provision of any other written law, the Assistant Controller may, by written notice, direct any person—

Where the Assistant Controller directs any person to produce any document under subsection (2) and the document is not in the custody of that person, that person shall—

Any person directed to provide information under subsection (2) or (3) shall ensure that the information provided is true, accurate and complete and such person shall provide an express representation to that effect, including a declaration that he is not aware of any other information which would make the information provided untrue or misleading.

Any person who refuses or fails to comply with the direction given by the Assistant Controller under this section commits an offence.”.

No action or legal proceedings shall be brought, instituted or maintained against the Government of Malaysia, any officer of the Government of Malaysia, the Corporation, any officer of the Corporation, or any person acting under them in respect of any fees which were charged and collected during the period referred to in subsection (1), and if any action or legal proceedings has been brought, instituted or maintained, it shall be discharged and made void and no refund in respect of the fees charged and collected as stated in this Act shall be made.

Any application for declaration made under section 27a of the principal Act which is pending before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be dealt with in accordance with the provision of the principal Act as amended by this Act.

Any applicant that has been declared as a licensing body under subsection 27a(3) of the principal Act before the date of coming into operation of this Act shall be deemed to be declared as a collective management organization for the period of two years from the date of coming into operation of this Act.

Any action under the principal Act done by a licensing body before the date of coming into operation of this Act shall remain valid from the date of coming into operation of this Act, until amended, replaced, rescinded or revoked.