WIPO Lex

28 Mei 2012 28 May 2012 P.U. (A) 160

WARTAKERAJAANPERSEKUTUAN

FEDERAL GOVERNMENT GAZETTE

PERATURAN-PERATURAN HAK CIPTA (PEMBERITAHUAN SUKARELA) 2012

COPYRIGHT (VOLUNTARY NOTIFICATION) REGULATIONS 2012

DISIARKAN OLEH/ PUBLISHED BY JABATAN PEGUAM NEGARA/ ATTORNEY GENERAL’S

CHAMBERS

P.U. (A) 160

ARRANGEMENT OF REGULATIONS

PART I

PRELIMINARY

Regulation

1. Citation and commencement

2. Interpretation

3. Prescribed fees

4. Forms

PART II NOTIFICATION OF

5. Notification

6. Amendment to a notification of copyright

7. Submission to the Controller

PART III REGISTER OF

8. Entry in the Register

9. Correction of clerical error

10. Correction, expungement or amendment

11. Examination of the Register

12. Extracts

13. Change of address

P.U. (A) 160

PART IV

MISCELLANEOUS

14. Assignment, licence or testamentary disposition

15. Replacement of work

16. Physical copy of the work, documents, etc.

17. Accuracy of information

18. Non-refundable fees

FIRST SCHEDULE

SECOND SCHEDULE

P.U. (A) 160

IN exercise of the powers conferred by sections 26A, 26B, 26C and 59 of the Copyright

Act 1987 [Act 332], the Minister makes the following regulations:

PART I

PRELIMINARY

Citation and commencement

1. (1) These regulations may be cited as the Copyright (Voluntary

Notification) Regulations 2012.

(2) These Regulations comes into operation on 1 June 2012.

Interpretation

2. In these Regulations, unless the context otherwise requires—

"Act" means the Copyright Act 1987;

“Register” means the Register of Copyright referred to in section 26B of the Act;

“electronic” means the technology of utilizing electrical, optical, magnetic,

electromagnetic, biometric, photonic or other similar technology;

“work” means works eligible for copyright referred to in subsection 7(1) of the Act

and derivative works that are protected as original works referred to in subsection 8(1)

of the Act;

“Copyright Office” means the office of the Corporation;

P.U. (A) 160

“Applicant” means the author of the work, the owner of the copyright in the work,

an assignee of the copyright or a licensee of an interest in the copyright that made a

notification of copyright in any work to the Controller, or a person that made such

notification on behalf of the author of the work, the owner of the copyright in the work,

an assignee of the copyright or a licensee of an interest in the copyright;

“author” shall have the same meaning as defined under the Act;

“Controller” shall have the same meaning as defined under the Act;

“Corporation” shall have the same meaning as defined under the Act.

Prescribed fees

3. The fees payable under these Regulations shall be as prescribed in the First

Schedule.

Forms

4. (1) The forms listed in the Second Schedule shall be used for the purposes

mentioned in these Regulations.

(2) The contents of the forms listed in the Second Schedule shall be such as

may be determined by the Minister.

PART II NOTIFICATION OF

Notification

5. (1) A notification of copyright shall be made by a citizen or a permanent

resident of Malaysia.

(2) Where a notification of copyright is made by the author of the work, the

owner of the copyright in the work, an assignee of the copyright or a licensee of an

interest in the copyright, the notification shall be made—

P.U. (A) 160

(a) in Form CR-1 for works eligible for copyright referred to in

subsection 7(1) of the Act; or

(b) in Form CR-2 for derivative works that are protected as original

works referred to in subsection 8(1) of the Act,

together with a statutory declaration under paragraph 26A(3)(b) of the Act, a copy of

the work and the prescribed fee.

(3) Where a notification of copyright is made by a person who acts on behalf

of the author of the work, the owner of the copyright in the work, an assignee of the

(a) in Form CR-3; and

(b) in Form CR-1 for the works eligible for copyright referred to in

subsection 7(1) of the Act; or

(c) in Form CR-2 for derivative works that are protected as original

works referred to in subsection 8(1) of the Act,

together with a statutory declaration under paragraph 26A(3)(b) of the Act, a copy of

the work and the prescribed fees.

(4) Where the title of a work contains a word in a language other than the

national language or English language, the notification of copyright shall, apart from the

forms required to be submitted, also include a translation of the word into the national

language or the English language and a transliteration of the word, as well as the name

of that language.

(5) The forms required to be submitted to the Controller shall, if the

Applicant is a natural person, be signed or thumb-printed by the Applicant personally,

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and if the Applicant is a society, organization, body corporate or firm, the forms shall be

signed by a director, manager, secretary, partner or other similar officer or person of

the society, organization, body corporate or firm, as the case may be.

(6) A copy of the work submitted under subregulation (2) or (3) shall be clear

and of durable quality to the satisfaction of the Controller and if the Controller is not

satisfied with the clarity or the durable quality of the work submitted, he may request

for another copy of such work to be submitted as a replacement before proceeding to

entertain the notification.

(7) Where the Controller made a request in writing for a copy of the work

under subregulation (6), and the Controller did not receive a copy of the work

requested within thirty days from the date of such request, the notification of copyright

shall deemed to be withdrawn.

Amendment to a notification of copyright

6. Any request to amend a notification of copyright shall be made in Form CR-4

together with the prescribed fee.

Submission to the Controller

7. Any document or work required to be submitted by these Regulations, shall be

addressed to the Controller and delivered by hand to the Copyright Office during its

normal business hours, or shall be sent by post or electronic means to the Controller.

PART III REGISTER OF

Entry in the Register

8. (1) If the notification of copyright is in order, the Controller shall issue a

letter to the Applicant stating that the notification of copyright has been entered into

the Register.

P.U. (A) 160

(2) The Applicant may request the Controller, in Form CR-5 together with the

prescribed fee, to issue a certificate stating that the notification of copyright has been

entered into the Register.

Correction of clerical error

9. An Applicant may request to the Controller, in Form CR-6 together with the

prescribed fee, to correct any clerical error in the Register.

Correction, expungement or amendment

10. (1) Where an order is made by the court under section 26C of the Act to

correct, expunge or amend any entry in the Register, the person who obtained the order

shall serve on the Controller the sealed copy of the court order together with

Form CR-7.

(2) Upon being served with the court order together with Form CR-7, the

Controller shall correct, expunge or amend the Register accordingly.

Examination of the Register

11. (1) Any person may make a request to the Controller, in Form CR-8 together

with the prescribed fee, to examine the Register.

(2) Upon approval by the Controller, the person who made the request may

examine the Register, at such time and upon such conditions as may be determined by

the Minister, at the Copyright Office.

Extracts

12. Any person may request, in Form CR-9 together with the prescribed fee, for

extracts or certified extracts from the Register.

Change of address

13. Where there is any change to an address entered in the Register, the Applicant

shall notify the Controller of the change in Form CR-10 together with the prescribed fee.

P.U. (A) 160

PART IV

MISCELLANEOUS

Assignment, licence or testamentary disposition

14. (1) Where copyright in a work in the Register has been transferred to a

person by assignment, testamentary disposition or operation of law, or where a licence

has been granted to a person in respect of copyright in a work, the person or his

representative may notify the Controller, in Form CR-11 together with the prescribed

fee, of such assignment, testamentary disposition, operation of law or licence, as the

case may be.

(2) Apart from the form and fee referred to in subregulation (1),

a representative shall also submit Form CR-3 together with the prescribed fee.

Replacement of work

15. The Controller may at any time require the author of the work, the owner of the

notification of copyright for the purpose of maintaining the accuracy of the Register.

Physical copy of the work, documents, etc.

16. After entering all such particulars relating to a copyright in a work into the

documents, etc. in a manner he deems fit.

Accuracy of information

17. Accuracy of the information entered into the Register is dependent on the

information given by the Applicant.

Non-refundable fees

18. Any fee paid under these Regulations shall not be refundable.

P.U. (A) 160

FIRST SCHEDULE

FEES [Regulation 3]

Item Description Fee Manual

(RM) Electronic

(RM)

1. Notification of works (referred to in subsection 7(1) of the Act) [subregulations 5(2) and 5(3)]

a. Notification of copyright 15 15 b. Deposit of the work -

i. Compact Disc Read-Only Memory (CD ROM)– per CD ROM 30 -

ii. Digital Video Disc (DVD)- per DVD 50 -

iii. Thumbdrive / External Hard Disk Drive/ Secure Digital (SD) Card a. 1Kilobyte (KB) -500 Megabytes

(MB) 20 20 b. >500MB-1Gigabiyte (GB) 30 30 c. Every subsequent additional 500

MB 10 10 iv. Document

a. 1-25 pages 10 -

b. 26-50 pages 20 -

c. Every subsequent additional 50 pages 10 -

2. Notification of derivative works [subregulations 5(2) dan 5(3)]

a. Notification of copyright 30 30 b. Deposit of the work

i. CD ROM – per CD ROM 30 - ii. DVD – per DVD 50 - iii. Thumbdrive / External Hard Disk

Drive / SD Card a. 1KB-500MB 20 20 b. >500 MB-1 GB 30 30

c. Every subsequent additional 500 MB 10 10

v. Document a. 1-25 pages 10 - b. 26-50 pages 20 - c. Every subsequent additional 50

pages 10 - 3. Notification of copyright by a representative

[subregulation 5(3) and subregulation 14(2)] 30 30

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4. Request for amendment to a notification of copyright [regulation 6] 30 30

5. Request for certificate of the notification of copyright [subregulation 8(2)] 50 50

6. Request for correction of clerical error [regulation 9] 30 30

7. Request for examination of the Register [regulation 11]- per hour 20 -

8. Request for extracts [regulation 12]

i. Certified extracts – per page 10 - ii. Non certified extracts- per page 5 -

iii. Electronic a. 1KB-1 GB 30 - b. Every subsequent additional 1GB

10 - 9. Notification of change of address

[regulation 13] 20 20

10. Notification of assignment, licence or testamentary disposition [regulation 14] 50 50

SECOND SCHEDULE

FORMS [Regulation 4]

Item Description Form 1. Notification of works (referred to in subsection 7(1) of the

Act) [subregulations 5(2) and 5(3)]

CR-1

2. Notification of derivative works [subregulations 5(2) and 5(3)] CR-2

3. Notification of copyright by a representative [subregulation 5(3) and subregulation 14(2)] CR-3

4. Request for amendment to the notification of copyright [regulation 6] CR-4

5. Request for certificate of the notification of copyright [regulation 8] CR-5

6. Request for correction of clerical error [regulation 9] CR-6

7. Correction, expungement or amendment [regulation 10] CR-7

8. Request for examination of the Register [regulation 11] CR-8

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9. Request for extract [regulation 12] CR-9

10. Notification of change of address [regulation 13] CR-10

11. Notification of assignment, licence or testamentary disposition [regulation 14] CR-11

Made 24 May 2012 [KPDN (PUU) (PU2)26/5/5; PN(PU2)457/IV]

DATO’ SRI ISMAIL SABRI BIN YAAKOB Minister of Domestic Trade, Cooperative

and Consumerism

Malaisie

MY079

Copyright (Voluntary Notification) Regulations 2012