4 Important Amendments to the Copyright Act 1987
The Copyright (Amendment) Bill 2021 was passed on 22 December 2021 and became effective on 18 March 2022 except for item 1 below. Upon receiving royal assent, the law will be gazetted and become law on the appointed date. The main amendments cover the following:
1. Malaysia ratifies the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled 2013
The treaty allows copyright exceptions for creating accessible versions of copyrighted works for the visually impaired. In other words, creation and distribution of accessible format copies for individuals with print disabilities will be allowed. These amendments will be effective at a later appointed date.
2. Voluntary Notification by Owner or Assignee Only
The right for an author to apply for voluntary notification is removed. Only copyright owners or assignees of copyrighted work can apply. See also Copyright (Voluntary Notification) (Amendment) Regulations 2022.
3. From Licensing Bodies to Collective Management Organizations (CMOs)
Licensing bodies are renamed as CMOs to align with international practice. Changes include limiting CMO applicants to companies limited by guarantee, requiring submission of licensing scheme documents, limiting the declaration period to 2 years, and empowering the Controller of Copyright to issue guidelines. See also Copyright (Collective Management Organization) Regulations 2022.
4. New Offenses for Online Piracy
It will now be an offence if a person provides or shares access to pirated works, facilitates copyright infringement through streaming technology, and intentional obstruction of legal proceedings (eg causing evidence relating to commission of offence to disappear).
To summarize, these developments are a step in the right direction given the proliferation of online piracy and the speed at which the digital world evolves requiring that copyright laws be quickly updated.