Section 59A

apply in relation to literary, musical or artistic works, or films or sound recordings, or published editions of literary, musical or artistic works first published in that specified country as they apply in relation to literary, musical or artistic works, or films or sound

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recordings, or published editions of literary, musical or artistic works first published in Malaysia;

apply in relation to persons who, at the material time specified in the regulations, are citizens of, or residents in, that specified country as they apply in relation to persons who, at such a time, are citizens of, or permanent residents in, Malaysia;

apply in relation to bodies corporate incorporated under the laws of that specified country as they apply in relation to bodies corporate established in Malaysia and constituted or vested with legal personality under the laws of Malaysia;

apply in relation to broadcasts transmitted from that specified country as they apply in relation to broadcasts transmitted from

Malaysia;

apply in relation to works of architecture erected in that specified country or any other artistic works incorporated in buildings located in that specified country as they apply in relation to works of architecture erected in Malaysia or any other artistic works incorporated in buildings located in Malaysia;

apply in relation to every work eligible for copyright if the work is made in that specified country as they apply in relation to every work eligible for copyright if the work is made in Malaysia;

apply in relation to derivative works in that specified country as they apply in relation to derivative works in Malaysia; and

apply in relation to a performance taking place in that specified country as they apply in relation to a performance in Malaysia.

Reference in paragraph (1)(a) to works first published in a specified country shall include works which were first published elsewhere but published in that specified country within thirty days of such publication elsewhere.

Regulations made under subsection (1) may apply the provisions of this Act—

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The regulations made under subsection (1) may provide for the application of the regulations in relation to works made or performances performed, as the case may be, before the date Malaysia becomes a party to such a treaty or a member of such a Convention or Union relating to copyright or performers’ right as they apply in relation to works made or performances performed, as the case may be, after that date.

The regulations made under subsection (1) shall not be construed as reviving any copyrights or performers’ rights which had expired under the laws of the specified country before the date Malaysia becomes a party to such a treaty or a member of such a Convention or Union relating to copyright or performers’ right.

The Minister shall not make regulations under this section applying any of the provisions of this Act in respect of a specified country, other than a specified country which is a party to a treaty or a member of any

Convention or Union relating to copyright or performers’ rights to which

Malaysia is also a party or a member, unless the Minister is satisfied that, in respect of the class of works or other subject matter to which those provisions relate, provision has been or will be made under the laws of that specified country whereby adequate protection will be given to owners of copyright or performers under this Act.

Where only by virtue of the regulations made under subsection (1), copyrights subsist in works that were made, or performers’

rights subsist in performances performed before the commencement of such regulations, nothing done before the commencement of such regulations shall be taken to constitute an infringement of those copyrights or performers’

rights, as the case may be.

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