1. What is Licensing bodies?
Licensing Bodies or Royalty Collecting Body is an organization which has been given a mandate by Copyright Owner to administer their rights in use of their copyrighted works by the users
Licensing Bodies administer the following arrangements:
a. Licensing of copyright work;
b. Collecting royalty on licence issued;
c. Distributing the royalty to the copyright owners;
d. Initiate enforcement action on behalf of owner of copyright based on rights given.
2. How users would like to use the copyright work without infringing the rights of copyright owner?
The users (individual/ commercial premises organization) intended to use any copyright work shall obtain authorization from copyright owner.
If the use of copyrighted work is for commercial purposes / in public places / at commercial premises, the users shall obtain a license for such use through a licensing bodies which has been appointed by the copyright owner. Example of such is as follows:
a. One-off Licence/ Single Event (Wedding ceremony, concert, dinner etc)
b. Annual License (retail, shopping complex, karaoke box, hotel management etc)
3. Is the Licensing bodies authorized by law to collect royalty payment for usage of copyrighted works?
Any organization intends to operate as licensing bodies, shall submit application to Copyright Controller, Intellectual Property Organization of Malaysia (MyIPO)
A Copyright Controller reserve a right to declare any organization which submit application to him if he is satisfied that the documents submitted are completed.
A Copyright Controller may reject an application from any organization intends to operate as licensing bodies if the documents submitted are incomplete.
Any organization who operates without obtaining prior declaration my be fine not exceeding RM500,000.00
4. Does a declared licensing bodies have a right to collect royalty for an international songs?
A declared Licensing bodies shall have the right to collect royalty for usage of any international songs as the have entered into reciprocal agreement which their sister agencies through represented overseas licensing bodies.
If Malaysian songs played in other country for instance, the respective licensing bodies whom played the Malaysian songs shall have the right to collect the Malaysian songs as agreed in the reciprocal agreement with that country licensing bodies.
5. What if the rate of licensing scheme offered by licensing bodies is high and not reasonable afforded to the user?
The user may file a complaint to the Copyright Tribunal to review or vary such unreasonable amount offered by licensing bodies.
6. To whom should the users contact regarding the licensing scheme?
Any person who would like to inquire any information with regards to Tribunal shall contact the following person:
Secretary of Copyright Tribunal
Perbadanan Harta Intelek Malaysia (MyIPO)
Tingkat 18, Menara UOA Bangsar, Jalan Bangsar Utama 1,
59000 Bangsar, Wilayah Persekutuan Kuala Lumpur
[Att: Mr. Syaufiq 03-2299 8921]