Malaysia legislation
Section 27A
Section 27A
*(1) A body corporate which intends to operate as a collective management organization for copyright owners, authors or performers shall apply to the Controller to be declared as a collective management organization.
(2)
An application for a declaration shall be made in such form and on such medium as the Controller may determine which shall contain the following information:
(a)
the applicant’s constituent document, which has as its main object, or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of copyright licences, and whose objects also include the granting of licences covering works of more than one author;
(b)
the list of copyright owners authors or performers or their agents who are members of the applicant; and
(c)
the applicant’s constituent document relating to the collection and distribution of licensing scheme.
(2A)
The application made under subsection (2) shall be accompanied with a fee as may be prescribed by the Minister.
(3)
**Upon receipt of an application, the Controller may declare an applicant to be a licensing body for a period of two years and issue a declaration in writing to that effect to the said applicant.
*NOTE—See section 19 of the Copyright (Amendment) Act 2022 [Act A1645].
**NOTE—See subsection 20(3) of the Copyright (Amendment) Act 2022 [Act A1645].
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(3A)
An application for a renewal of the declaration issued under subsection (3) shall be made by the collective management organization to the Controller not later than sixty days before the date of expiry of the declaration, and the application shall be—
(a)
made in the form and manner as may be determined by the
Controller;
(b)
accompanied with a fee as may be prescribed by the
Minister; and
(c)
submitted together with any information, particulars or documents as may be determined by the Controller
(3B)
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.
(3C)
The date of expiry of the declaration renewed under subsection (3A) shall be stated in the declaration.
(4)
Notwithstanding subsection (3), the Controller shall refuse an application if the information provided by the applicant pursuant to subsection (2) is insufficient or unsatisfactory to show that the applicant is fit and proper to be a collective management organization, or if the applicant’s constituent document is identical with or similar to any other collective management organizations.
(5)
(Deleted by Act A1645).
(6)
The Controller may revoke a declaration given to a collective management body if he is satisfied that the collective management body—
(a)
is not functioning adequately as a collective management body;
(b)
no longer has the authority to act on behalf of all its members;
(c)
is not acting in accordance with its rules or in the best interests of its members, or their agents;
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(cc)
has refused or failed, without reasonable excuse, to comply with any guidelines issued under section 27M;
(d)
has altered its rules so that it no longer complies with any provision of this Act;
(e)
has refused, or failed, without reasonable excuse, to comply with the provisions of this Act; or
(f)
has been dissolved.
(7)
A collective management body which is aggrieved by the decision of the Controller under subsection (6) may appeal to the
Tribunal within one month from the date of the decision.
(8)
Any person which operates as a collective management body without obtaining a declaration under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit.
(9)
For the purpose of this section, “body corporate” means a company limited by guarantee incorporated under the Companies
Act 2016 [Act 777].
Licensing schemes to which sections 27B to 27G apply
27AA. (1) Sections 27B to 27G shall apply to licensing schemes operated by collective management organization in relation to the copyright in any work, so far as they relate to licences for—
(a)
reproducing the work;
(b)
performing, showing or playing the work in public;
(c)
communicating the work to the public;
(d)
rebroadcasting the work;
(e)
the commercial rental of the work to the public; or
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(f)
making adaptation of the work.
(2)
For the purposes of sections 27B to 27G, “licensing scheme”
means any of the licensing schemes described in subsection (1).
Reference of proposed licensing scheme to Tribunal