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