WIPO Lex

28 Mei 2012 28 May 2012 P.U. (A) 159

WARTA KERAJAANPERSEKUTUAN

FEDERALGOVERNMENT GAZETTE

PERATURAN-PERATURAN HAK CIPTA (BADAN PELESENAN) 2012

COPYRIGHT (LICENSING BODY) REGULATIONS 2012

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

CHAMBERS

P.U. (A) 159

ARRANGEMENT OF REGULATIONS

Regulation

1. Citation and commencement

2. Interpretation

3. Prescribed fees

4. Forms

5. Application for declaration

6. Declaration

7. Register of Licensing Bodies

8. Revocation

9. Obligations of a licensing body

10. Non-refundable fees

FIRST SCHEDULE

SECOND SCHEDULE

P.U. (A) 159

IN exercise of the powers conferred by sections 27A and 59 of the Copyright Act 1987

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

Citation and commencement

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

Regulations 2012.

(2) These Regulations come 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 Licensing Bodies referred to in

subregulation 7(1);

“Copyright Office” means the office of the Corporation;

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

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

“Tribunal” 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.

P.U. (A) 159

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 Controller.

Application for declaration

5. (1) An application for a declaration under subsection 27A(2) of the Act shall

be made in Form LB-1 together with the prescribed fee to the Controller.

(2) The Form LB-1 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.

Declaration

6. (1) Subject to regulation 5, the Controller may issue a declaration under

subsection 27A(3) of the Act declaring an applicant to be a licensing body if the

Controller is satisfied that—

(a) the applicant’s rules are in compliance with the provisions of the

Act;

(b) information relating to the licensing scheme is available to the

public;

(c) the applicant is fit and proper to be a licensing body; and

(d) the prescribed fee has been paid.

Reg

ister of

(1)

Licen

The

sing Bodies

Controller shall keep and maintain a register called the Register of

Licensing Bodies in such form and on such medium as the Controller may determine.

P.U. (A) 159

(2) The Register shall contain all such particulars relating to a licensing body

as notified by the licensing body to the Controller.

(3) Any person may make a request to the Controller, in Form LB-2 together

with the prescribed fee, to examine the Register.

(4) 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 Controller, at the Copyright Office.

Revocation

8. (1) A declaration shall be valid unless revoked by the Controller.

(2) A licensing body which is aggrieved by the decision of the Controller to

revoke the declaration given to the licensing body may request from the Controller, in

Form LB-3 together with the prescribed fee, for grounds of the revocation for the

purpose of appealing to the Tribunal.

(3) The licensing body shall, within fourteen days from the date of the

decision of the Tribunal, serve a copy of such decision on the Controller together with

Form LB-4.

Obligations of a licensing body

9. (1) If a licensing body has altered its rules forming part of its constituent

document referred to in paragraph 27A(2)(a) of the Act, the licensing body shall submit

the altered rules in Form LB-5 together with the prescribed fee to the Controller within

thirty days from the date of the alteration.

(2) If there are changes to the particulars specified in Form LB-1, the

licensing body shall inform the Controller of such changes, in Form LB-6 together with

the prescribed fee, within thirty days from the date of the changes.

P.U. (A) 159

(3) A licensing body shall provide the documents under subsection 27A(5) of

the Act together with Form LB-7.

Non-refundable fees

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

FIRST SCHEDULE

FEES [Regulation 3]

Item Description Fee (RM)

1. Application for declaration [subregulation 5(1)] 1,000

2. Request to examine the Register [subregulation 7(3)]

20 per hour

3. Request for grounds of revocation [subregulation 8(2)] 1,000

4. Submission of the altered rules [subregulation9(1)] 200

5. Informing of changes to particulars [subregulation 9(2)] 100

SECOND SCHEDULE

FORMS [Regulation 4]

Item Description Form

1. Application for declaration [subregulation 5(1)] LB-1

2. Request to examine the Register [subregulation 7(3)] LB-2

3. Request for grounds of revocation [subregulation 8(2)] LB-3

4. Serve a copy of the Tribunal’s decision [subregulation 8(3)] LB-4

5. Submission of the altered rules [subregulation9(1)] LB-5

6. Informing of changes to particulars [subregulation 9(2)] LB-6

7. Provision of the documents under subsection 27A(5) of the Act [subregulation 9(3)]

LB-7

P.U. (A) 159

Made 24 May 2012

[KPDN (PUU) (PU2)26/5f5; PN(PU2)457/IV]

DATO' SRI ISMAIL SABRI BIN YAAKOB

Minister of Domestic Trade,

Cooperative and Consumerism

13 Copy right of the Attorney Gene ral's Chambers of Malaysia

Malaysia

MY078

Copyright (Licensing Body) Regulations 2012