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Malaysia Legislation


ACT 332
COPYRIGHT ACT 1987

PART VI - REMEDIES FOR INFRINGEMENTS AND OFFENCES



Section 41. Offences.


(1) Any person who during the subsistence of copyright in a work or performers' right -
[Am. Act A1082:s.20]
[Subs. Act A775:s.11]
[Ins. Act A994:s.10]
[Ins. Act A994:s.10]
[Ins. Act A994:s.10]

shall, unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that copyright or performers' right would or might thereby be infringed, be guilty of an offence and shall on conviction be liable -

[Am. Act A1082:s.20]
[Am. Act A1195:s.3]
[Am. Act A1195:s.3]
[Ins. Act A994:s.10; Am. Act A1195:s.3]

(2) For the purposes of paragraphs (a) to (f) of subsection (1), any person who has in his possession, custody or control three or more infringing copies of a work or recording in the same form shall, unless the contrary is proved, be presumed to be in possession of or to import such copies otherwise than for private or domestic use.

[Am. Act A1082:s.20]

(3) Any person who causes a literary, or musical work to be performed in public shall be guilty of an offence under this subsection unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that copyright would or might thereby be infringed.


(4) 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, secretary or manager of the body corporate or, as the case may be, every other partner in the firm shall be deemed to be guilty of the offence 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.