Section 13. Nature of copyright in literary, musical or artistic works, films and sound recordings.
(1) Copyright in a literary, musical or artistic work, a film, a sound recording or a derivative work shall be the exclusive right to control in Malaysia -
(a) the reproduction in any material form;
(aa) the communication to the public;
[Ins. Act A994:s.4]
(b) the performance, showing or playing to the public;
[Subs. Act A775:s.6]
(c) [Deleted by Act A994:s.4];
(d)[Deleted by Act A994:s.4];
(e) the distribution of copies to the public by sale or other transfer of ownership; and
[Subs. Act A994:s.4]
(f) the commercial rental to the public,
[Ins. Act A994:s.4]
of the whole work or a substantial part thereof, either in its original or derivative form provided that, without prejudice to paragraph (e), the exclusive right to control the distribution of copies refer only to the act of putting into circulation copies not previously put into circulation in Malaysia and not to any subsequent distribution of those copies or any subsequent importation of those copies into Malaysia;
[Am. Act A1082:s.6]
(2) Notwithstanding subsection (1), the right of control under that subsection does not include the right to control -
(a) the doing of any of the acts referred to in subsection (1) by way of fair dealing for purposes of non-profit research, private study, criticism, review or the reporting of current events, subject to the condition that if such use is public, it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is in connection with the doing of any of such acts for the purposes of non-profit research, private study and the reporting of current events by means of a sound recording, film or broadcast;
[Am. Act A775:s.6]
(b)the doing of any of the acts referred to in subsection (1) by way of parody, pastiche or caricature;
(c) the inclusion in a film or broadcast of any artistic work situated in a place where it can be viewed by the public;
(d) the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public;
(e) the incidental inclusion of a work in an artistic work, sound recording, film or broadcast;
[Subs. Act A775:s.6]
(f) the inclusion of a work in a broadcast, performance, showing or playing to the public, collection of literary or musical works, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair practice:
[Subs. Act A775:s.6]
Provided that mention is made of the source and of the name of the author which appears on the work used;
(ff) any use of a work for the purpose of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions:
Provided that a reprographic copy of a musical work shall not be made for use by an examination candidate in performing the work;
[Ins. Act A775:s.6]
(g) the recording made in schools, universities or educational institutions of a work included in a broadcast intended for such schools, universities or educational institutions;
(gg)the making of a sound recording of a broadcast, or a literary, dramatic or musical work, sound recording or a film included in the broadcast insofar as it consists of sounds if such sound recording of a broadcast is for the private and domestic use of the person by whom the sound recording is made;
[Ins. Act A775:s.6]
(ggg) the making of a film of a broadcast, or a literary, artistic, dramatic or musical work or a film included in the broadcast insofar as it consists of visual images if such making of a film of the broadcast is for the private and domestic use of the person by whom the film is made;
[Ins. Act A775:s.6]
(gggg)the making of copies of television broadcasts which are subtitled or otherwise modified for people who are deaf or hard of hearing, or physically or mentally handicapped in other ways and the issuing of such copies to the public by non-profit making bodies or institutions which the Minister may, by order, prescribe;
[Ins. Act A994:s.4]
(h) the reading or recitation in public or in a broadcast by one person of any reasonable extract from a published literary work if accompanied by sufficient acknowledgement;
(i) any use made of a work by or under the direction or control of the Government, by the National Archives or any State Archives, by the National Library, or any State library, or by such public libraries and educational, scientific or professional institutions as the Minister may by order prescribe, where such use is in the public interest and is compatible with fair practice and the provisions of any regulations, and -
(i) no profit is derived therefrom; and
(ii) no admission fee is charged for the performance, showing or playing, if any, to the public of the work thus used;
[Am. Act A775:s.6]
(j) the reproduction of any work by or under the direction or control of a broadcasting service wholly-owned by the Government where such reproduction or any copies thereof are intended exclusively for a lawful broadcasting and are destroyed before the end of the period of six calendar months immediately following the making of the reproduction or such longer period as may be agreed between the broadcasting service and the owner of the relevant part of the copyright in the work:
Provided that any reproduction of a work made under this paragraph may, if it is of exceptional documentary character, be preserved in the archives of the broadcasting service which are hereby designated official archives for the purpose, but subject to this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant part of the copyright in the work;
(k) the performance, showing or playing of a work by a non-profit making club or institution where such performance, showing or playing is for charitable or educational purposes and is in a place where no admission fee is charged in respect of such performance, showing or playing;
[Subs. Act A775:s.6]
(l) any use of a work for the purposes of any judicial proceedings, the proceedings of a royal commission, a legislative body, a statutory or Governmental inquiry, or of any report of any such proceedings, or for the purpose of the giving of professional advice by a legal practitioner;
[Subs. Act A775:s.6]
(m) the making of quotations from a published work if they are compatible with fair practice and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries:
Provided that mention is made of the source and of the name of the author which appears on the work thus used;
(n) the reproduction by the press, the broadcasting or the showing to the public of articles published in newspapers or periodicals on current topics, if such reproduction, broadcasting or showing has not been expressly reserved:
[Am. Act A775:s.6]
Provided that the source is clearly indicated;
(o) the reproduction by the press, the broadcasting or the performance, showing or playing to the public of lectures, addresses and other works of the same nature which are delivered in public if such use is for informatory purposes and has not been expressly reserved; and
[Am. Act A775:s.6]
(p) the commercial rental of computer programs, where the program is not the essential object of the rental.
[Ins. Act A994:s.4]
(3) For the purposes of paragraph (2)(l), "a legislative body" means the Parliament of Malaysia or, in relation to a State, the authority having power under the Constitution of that State to make laws for the State, as the case may be.
