Malaysia legislation
Section 8
Section 8
Section 27a of the principal Act is amended—
(a)
in subsection (1)—
(i)
by substituting for the words “A society or an organization” the words “A body corporate”; and
(ii)
by substituting for the words “or for a specified class of copyright owners” the words
“, authors or performers”;
(b)
in subsection (2)—
(i)
in paragraph (a), by deleting the word “and”
at the end of the paragraph;
(ii)
in paragraph (b)—
(A)
by inserting after the words “copyright owners”
the words “, authors or performers”;
and
(B)
by substituting for the full stop at the end of the paragraph the words “; and”;
and
(iii)
by inserting after paragraph (b) the following paragraph:
“(c) the applicant’s constituent document relating to the collection and distribution of licensing scheme.”;
(c)
by inserting after subsection (2) the following subsection:
“(2a) The application made under subsection (2)
shall be accompanied with a fee as may be prescribed by the Minister.”;
(d)
in subsection (3), by substituting for the words
“licensing body” the words “collective management organization for a period of two years”;
(e)
by inserting after subsection (3) the following subsections:
“(3a) An application for a renewal of the declaration issued under subsection (3) shall be made by the collective management organization to the Controller
Copyright (Amendment)
9
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.”;
(f)
in subsection (4), by substituting for the words
“licensing body” the words “collective management organization, or if the applicant’s constituent document is identical with or similar to any other collective management organizations”;
(g)
by deleting subsection (5);
(h)
in subsection (6), by inserting after paragraph (c)
the following paragraph:
“(cc) has refused or failed, without reasonable excuse, to comply with any guidelines issued under section 27m;”;
(i)
in subsection (8)—
(i)
by substituting for the words “society or organization”
the word “person”; and
(ii)
by deleting the words “or any licensing body which does not comply with the provisions of subsection (5)”; and
(j)
by inserting after subsection (8) the following subsection:
“(9) For the purpose of this section, “body corporate”
means a company limited by guarantee incorporated under the Companies Act 2016 [Act 777].”.
New section 27m