Section 13 — COPYRIGHT ACT 1987

(a)

the reproduction in any material form;

(aa) the communication to the public;

(b)

the performance, showing or playing to the public;

(c)

(Deleted by Act A994);

(d)

(Deleted by Act A994);

(e)

the distribution of copies to the public by sale or other transfer of ownership; and

(f)

the commercial rental to the public, of the whole work or a substantial part thereof, either in its original or derivative form provided that—

Copyright 27

(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.

(2)

Notwithstanding subsection (1), the right of control under that subsection does not include the right to control—

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

(b)

the doing of any of the acts referred to in subsection (1) by way of parody, pastiche or caricature;

(c)

the inclusion in a film or broadcast of any artistic work situated in a place where it can be viewed by the public;

(d)

the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public;

(e)

the incidental inclusion of a work in an artistic work, sound recording, film or broadcast;

(f)

the inclusion of a work in a broadcast, performance, showing, or playing to the public, collection of literary or musical works, sound recording or film, if such inclusion is

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made by way of illustration for teaching purposes and is compatible with fair practice:

Provided that mention is made of the source and of the name of the author which appears on the work used;

(ff) any use of a work for the purpose of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions:

Provided that a reprographic copy of a musical work shall not be made for use by an examination candidate in performing the work;

(g)

the reproduction made in schools, universities or educational institutions of a work included in a broadcast intended for such schools, universities or educational institutions;

(gg) the making of a sound recording of a broadcast, or a literary, dramatic or musical work, sound recording or a film included in the broadcast insofar as it consists of sounds if such sound recording of a broadcast is for the private and domestic use of the person by whom the sound recording is made;

(ggg) the making of a film of a broadcast, or a literary, artistic, dramatic or musical work or a film included in the broadcast insofar as it consists of visual images if such making of a film of the broadcast is for the private and domestic use of the person by whom the film is made;

(gggg) the making and issuing of copies of any work into a format to cater for the special needs of people who are 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;

(ggggg) the making and issuing of copies of any work into an accessible format copy on such terms as the Minister may determine, by—

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(i)

an authorized entity; or

(ii)

a person with print disability or any other person acting on his behalf including his caregiver;

(h)

the reading or recitation in public or in a broadcast by one person of any reasonable extract from a published literary work if accompanied by sufficient acknowledgement;

(i)

any use made of a work by or under the direction or control of the Government, by the National Archives or any State

Archives, by the National Library, or any State library, or by such public libraries and educational, scientific or professional institutions as the Minister may by order prescribe, where such use is in the public interest and is compatible with fair practice and the provisions of any regulations, and—

(i)

no profit is derived therefrom; and

(ii)

no admission fee is charged for the performance, showing or playing, if any, to the public of the work thus used;

(j)

the reproduction of any work by or under the direction or control of a broadcasting service where such reproduction or any copies thereof are intended exclusively for a lawful broadcasting and are destroyed before the end of the period of six calendar months immediately following the making of the reproduction or such longer period as may be agreed between the broadcasting service and the owner of the relevant part of the copyright in the work:

Provided that any reproduction of a work made under this paragraph may, if it is of exceptional documentary character, be preserved in the archives of the broadcasting service which are hereby designated official archives for the purpose, but subject to this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant part of the copyright in the work;

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(k)

the performance, showing or playing of a work by a non-profit making club or institution where such performance, showing or playing is for charitable or educational purpose and is in a place where no admission fee is charged in respect of such performance, showing or playing;

(l)

any use of a work for the purposes of any judicial proceedings, the proceedings of a royal commission, a legislative body, a statutory or Governmental inquiry, or of any report of any such proceedings, or for the purpose of the giving of professional advice by a legal practitioner;

(m)

the making of quotations from a published work if they are compatible with fair practice and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries:

Provided that mention is made of the source and of the name of the author which appears on the work thus used;

(n)

the reproduction by the press, the broadcasting or the showing to the public of articles published in newspapers or periodicals on current topics, if such reproduction, broadcasting or showing has not been expressly reserved:

Provided that the source is clearly indicated;

(o)

the reproduction by the press, the broadcasting or the performance, showing or playing to the public of lectures, addresses and other works of the same nature which are delivered in public if such use is for informatory purposes and has not been expressly reserved;

(p)

the commercial rental of computer programs, where the program is not the essential object of the rental;

(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;

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(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

(s)

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.

(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;

(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.

(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.

(2C)

For the purpose of paragraphs (2)(ggggg), (r) and (s), the

Minister may by order prescribe any non-profit making body or institution which provides education, instructional training, adaptive reading or information access to a person with print disability to be an authorized entity.

(3)

For the purposes of paragraph (2)(l), “a legislative body” means the Parliament of Malaysia or, in relation to a State, the authority

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having power under the Constitution of that State to make laws for the

State, as the case may be.

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