Copyright (Amendment) Act 2002 (Act No. 1139), Malaysia

LAWS OF MALAYSIA

Act A1139

COPYRIGHT (AMENDMENT) ACT 2002

An Act to amend the Copyright Act 1987.

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ENACTED by the Parliament of Malaysia as follows:

Short title and commencement

1. (1) This Act may be cited as the Copyright (Amendment) Act

2002.

(2) This Act comes into operation on a date to be appointed by

the Minister by notification in the Gazette.

Amendment of section 3

2. The Copyright Act 1987 [Act 332], which in this Act is referred

to as the “principal Act”, is amended in section 3—

(a) by substituting for the definition of “Minister” the following

definition:

‘ “Minister” means the Minister for the time being

charged with the responsibility for intellectual property;’;

(b) by substituting for the definitions of ‘ “Controller”, “Deputy

Controller” and “Assistant Controller” ’ the following

definition:

‘ “Controller” means the Controller of Copyright as

designated in subsection (1) of section 5;’;

(c) by inserting after the definition of “artistic work” the

following definition:

‘ “Assistant Controller” means the person appointed

or deemed to have been appointed to be an Assistant

Controller under subsection (2) or (3) of section 5;’;

(d) by inserting after the definition of “copyright” the following

definition:

‘ “Corporation” means the Intellectual Property

Corporation of Malaysia established under the Intellectual

Property Corporation of Malaysia Act 2002;’;

(e) by inserting after the definition of “adaptation” the

following definition:

‘ “appointed date” has the same meaning as

is assigned to that expression in the Intellectual

Property Corporation of Malaysia Act 2002;’;

and

(f) by inserting after the definition of “Corporation” the

following definition:

‘ “Deputy Controller” means the person appointed

or deemed to have been appointed to be a Deputy

Controller under subsection (2) or (3) of section 5;’.

Amendment of section 5

3. The principal Act is amended by substituting for section 5 the

following section:

Act 617. 5. (1) The Director General of the Corporation shall be

the Controller of Copyright.

“Controller,

Deputy

Controllers

and

Assistant

Controllers

(2) The Corporation may appoint, on such terms and

conditions as it may determine, from amongst any public

officers and persons in the employment of the Corporation,

such number of Deputy Controllers of Copyright, Assistant

Controllers of Copyright and other officers as may be

necessary for the proper administration of this Act, and

may revoke the appointment of any person so appointed

or deemed to have been so appointed under subsection

(3).

(3) The persons holding office as Deputy Controllers,

Assistant Controllers and other officers under this Act

before the appointed date shall on the appointed date be

deemed to have been appointed as Deputy Controllers,

Assistant Controllers and such other officers under

subsection (2).

(4) Subject to the general direction and control of the

Controller and to such conditions or restrictions as may

be imposed by the Controller and subject to section 41A,

a Deputy Controller or an Assistant Controller may exercise

any function of the Controller under this Act, and anything

by this Act appointed or authorized or required to be

done or signed by the Controller may be done or signed

by any Deputy Controller or Assistant Controller and the

act or signature of a Deputy Controller or an Assistant

Controller shall be as valid and effectual as if done or

signed by the Controller.”.

Amendment of section 22

4. Section 22 of the principal Act is amended by deleting the

words “or first made available to the public or made, whichever

is the latest”.

Amendment of section 41A

5. Section 41A of the principal Act is amended—

(a) in subsection (1), by substituting for the words “may

compound” the words “or any person authorized in writing

by the Controller may with the written consent of the

Public Prosecutor compound”; and

(b) by deleting subsection (3).

Substitution of section 53

6. The principal Act is amended by substituting for section 53 the

following section:

53. No prosecution for any offence under this Act shall

be instituted except by or with