Section 3

In this Act, unless the context otherwise requires —

of Copyright Act 1987

ActIn forceProvision 3 of 111

“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;

“adaptation” includes any of the following, that is to say—

(a)

in relation to a literary work, a version of the work (whether in its original language or a different language) in which it is converted into a dramatic work;

(b)

in relation to a dramatic work, a version of the work

(whether in its original language or a different language) in which it is converted into a literary work;

(c)

in relation to a literary or dramatic work—

(i)

a translation of the work;

(ii)

a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical;

(d)

in relation to a literary work in the form of a computer program, a version of the work, whether or not in the language, code or notation in which the work was originally expressed not being a reproduction of the work;

(e)

in relation to a musical work, an arrangement or transcription of the work;

(f)

in relation to a literary or artistic work, a version of the work (whether in its original language or a different language) in which it is converted into a film;

“appointed date” has the same meaning as is assigned to that expression in the Intellectual Property Corporation of Malaysia

Act 2002 [Act 617];

“artistic work” means—

(a)

a graphic work, photograph, sculpture or collage, irrespective of artistic quality;

(b)

a work of architecture being a building or a model for a building; or

(c)

a work of artistic craftsmanship, but does not include a layout-design within the meaning of the

Layout-Designs of Integrated Circuits Act 2000 [Act 601];

“Assistant Controller” means the person appointed or deemed to have been appointed to be an Assistant Controller under subsection 5(2) or (3);

“author”—

(a)

in relation to literary works, means the writer or the maker of the works;

(b)

in relation to musical works, means the composer;

(c)

in relation to artistic works other than photographs, means the artist;

(d)

in relation to photographs, means the person by whom the arrangements for the taking of the photograph were undertaken;

(e)

in relation to films or sound recordings, means the person by whom the arrangements for the making of the film or recording were undertaken;

(f)

in relation to broadcasts transmitted from within any country, means—

(i)

the person transmitting the programme, if he has responsibility for the selection of its contents; or

(ii)

any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;

(g)

in relation to any other cases, means the person by whom the work was made;

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

“broadcast” means a transmission, by wire or wireless means, of visual images, sounds or other information which—

(a)

is capable of being lawfully received by members of the public; or

(b)

is transmitted for presentation to members of the public, and includes the transmission of encrypted signals where the means for decrypting are provided to the public by the broadcasting service or with its consent;

“broadcasting service” means any service of radio or television broadcast, operated under the general direction and control of or under licence by the Government, in any part of Malaysia;

“building” includes any fixed structure, and a part of a building or fixed structure;

“citizen” includes a person who, if he had been alive on the relevant day, would have qualified for citizenship under the Federal

Constitution;

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

“communication to the public” means the transmission of a work or performance through wire or wireless means to the public, including the making available of a work or performance to the public in such a way that members of the public may access the work or performance from a place and at a time individually chosen by them;

“computer program” means an expression, in any language, code or notation, of a set of instructions (whether with or without related information) intended to cause a device having an information processing capability to perform a particular function either directly or after either or both of the following:

(a)

conversion to another language, code or notation;

(b)

reproduction in a different material form;

“Controller” means the Controller of Copyright as designated in subsection 5(1);

“copy” means a reproduction of a work in written form, in the form of a recording or film, or in any other material form;

“copyright” means copyright under this Act;

“Corporation” means the Intellectual Property Corporation of

Malaysia established under the Intellectual Property Corporation of

Malaysia Act 2002;

“Deputy Controller” means the person appointed or deemed to have been appointed to be a Deputy Controller under subsection 5(2) or (3);

“derivative works” means the works mentioned in paragraphs 8(1)(a)

and (b);

“educational institution” shall have the same meaning as assigned to it in the Education Act 1961 [Act 550];

“film” means any fixation of a sequence of visual images on material of any description, whether translucent or not, so as to be capable by use of that material with or without any assistance of any contrivance—

(a)

of being shown as a moving picture; or

(b)

of being recorded on other material, whether translucent or not by the use of which it can be so shown, and includes the sounds embodied in any soundtrack associated with a film;

“fixation” means the embodiment of sounds, images or both, or the representation thereof, in a material form sufficiently permanent or stable to permit them to be perceived, reproduced or otherwise communicated during a period of more than transitory duration by using a device;

“future copyright” means copyright which will or may come into existence in respect of any future works or class of works or other subject matter, or on the coming into operation of any provision of this

Act, or in any future event;

“Government” means the Government of Malaysia or the

Government of any State;

“graphic work” includes—

(a)

any painting, drawing, diagram, map, chart or plan; and

(b)

any engraving, etching, lithograph, woodcut or similar work;

“infringing copy”—

(a)

in relation to copyright, means any reproduction of any work eligible for copyright under this Act the making of which constitutes an infringement of the copyright in the work or, in the case of any article imported into Malaysia without the consent of the owner of the copyright, the making of which was carried out without the consent of the owner of the copyright;

(b)

in relation to performers’ right, means any reproduction of any recording of a performance the making of which constitutes an infringement of the performers’ right or, in the case of any recording imported into Malaysia without the consent of the performer, the making of which was carried out without the consent of the performer;

“licence” means a lawfully granted licence in writing, permitting the doing of an act controlled by copyright;

“licensing scheme” means a scheme (including anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name) setting out—

(a)

the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant copyright licences; and

(b)

the terms on which licences would be granted in those classes of case;

“literary work” includes—

(a)

novels, stories, books, pamphlets, manuscripts, poetical works and other writings;

(b)

plays, dramas, stage directions, film scenarios, broadcasting scripts, choreographic works and pantomimes;

(c)

treatises, histories, biographies, essays and articles;

(d)

encyclopedias, dictionaries and other works of reference;

(e)

letters, reports and memoranda;

(f)

lectures, addresses, sermons and other works of the same nature;

(g)

tables or compilations, whether or not expressed in words, figures or symbols and whether or not in a visible form; and

(h)

computer programs, but does not include official texts of the Government or statutory bodies of a legislative or regulatory nature, or judicial decisions, or political speeches and political debates, or speeches delivered in the course of legal proceedings, and the official translation thereof;

“performance”—

(a)

includes—

(i)

a performance of a dramatic work, or part of such a work, including such a performance given with the use of puppets, or the performance of an improvised dramatic work;

(ii)

a performance of a musical work or part of such a work, or the performance of an improvised musical work;

(iii)

the reading, recitation or delivery of a literary work, or part of such a work, or the reading, recitation or delivery of an improvised literary work;

(iv)

a performance of a dance;

(v)

a performance of a circus act or a variety act or any similar presentation or show; or

(vi)

a performance in relation to expressions of folklore,

which is given live by one or more persons in Malaysia, whether in the presence of an audience or otherwise; but

(b)

does not include—

(i)

any reading, recital or delivery of any item of news or information;

(ii)

any performance of a sporting activity; or

(iii)

a participation in a performance by a member of an audience;

“manuscript”, in relation to a work, means the original document embodying the work, whether written by hand or not;

“material form”, in relation to a work or a derivative work, includes any form (whether visible or not) of storage from which the work or derivative work, or a substantial part of the work or derivative work can be reproduced;

“Minister” means the Minister for the time being charged with the responsibility for intellectual property;

“musical work” means any musical work, and includes works composed for musical accompaniment;

“performer” means an actor, singer, musician, dancer or any person who acts, sings, delivers, declaims, plays in, interprets, or otherwise performs a performance;

“performers’ right” means the performers’ right under this Act;

“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—

(a)

blind;

(b)

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

(c)

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;

“photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;

“premises” means any place, stationary or otherwise established or set up by any person, whether such place is with or without enclosure, and also includes vehicles, aircraft, ships and any other vessel;

“qualified person”,—

(a)

in relation to an individual, means a person who is a citizen of, or a permanent resident in, Malaysia; and

(b)

in relation to a body corporate, means a body corporate established in Malaysia and constituted or vested with legal personality under the laws of Malaysia;

“rebroadcast” means a simultaneous or subsequent broadcast by one broadcasting service of the broadcast of another broadcasting service, whether situated in Malaysia or abroad, and includes diffusion of such broadcast over wires; and “rebroadcasting” shall be construed accordingly;

“recording” means a sound recording or film, other than a recording made under subsection 16A(3);

“relevant day” means Merdeka Day in respect of Peninsular

Malaysia and Malaysia Day in respect of Sabah, Sarawak and the

Federal Territory of Labuan;

“reproduction” means the making of one or more copies of a work in any form or version, and in relation to an artistic work includes the making of a copy in three dimensions of a two-dimensional work and

the making of a copy in two dimensions of a three-dimensional work, and “reproducing” shall be construed accordingly;

“sculpture” includes a cast or model made for the purposes of a sculpture;

“sound recording” means any fixation of a sequence of sounds or of a representation of sounds capable of being perceived aurally and of being reproduced by any means, but does not include a soundtrack associated with a film;

“technological protection measure” means any technology, device or component that, in the normal course of its operation, effectively prevents or limits the doing of any act that results in an infringement of the copyright in a work;

“Tribunal” means the Copyright Tribunal established under section 28; and

“work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not separable from the contribution of the other author or authors.