Section 43A — COPYRIGHT ACT 1987

(2)

Any person who is guilty of an attempt to commit an offence under subsection (1) shall on conviction be liable to a fine of not less than five thousand ringgit and not more than fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3)

For the purpose of this section—

“audiovisual recording device” means any device which is capable of recording or transmitting a film or any part thereof;

“screening room” means any venue which is utilized for the exhibition or screening of a film.

PART VIAA

STREAMING TECHNOLOGY

Offences relating to streaming technology

43AA. (1) No person shall commit or facilitate infringement of the copyright in any work by—

(a)

manufacturing a streaming technology for sale or hire;

(b)

importing a streaming technology;

(c)

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;

(d)

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

(e)

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

Copyright 85

(2)

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.

(3)

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 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.

(4)

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.

PART VIB

LIMITATION OF LIABILITIES OF THE SERVICE

PROVIDER

Interpretation