1. What is a Collective Management Organization?
A Collective Management Organization (CMO) or Royalty Collecting Body is an organization that has been given a mandate by the Copyright Owner to administer their rights in the use of their copyrighted works by the users
Collective Management Organization administers the following arrangements:
a. Licensing of copyright work;
b. Collecting royalty on the license issued;
c. Distributing the royalty to the copyright owners;
d. Initiate enforcement action on behalf of the owner of the copyright based on rights given.
2. How users would like to use the copyrighted work without infringing the rights of the copyright owner?
The users (individual/ commercial premises organization) intended to use any copyrighted work shall obtain authorization from the 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 Collective Management Organization which has been appointed by the copyright owner. An 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 Collective Management Organization authorized by law to collect a royalty payment for the usage of copyrighted works?
Any organization that intends to operate as Collective Management Organization, shall submit an application to the Copyright Controller, Intellectual Property Organization of Malaysia (MyIPO)
A Copyright Controller reserve the right to declare any organization which submits an application to him if he is satisfied that the documents submitted are completed.
A Copyright Controller may reject an application from any organization that intends to operate as Collective Management Organization 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 Collective Management Organization have a right to collect a royalty for an international song?
A declared Collective Management Organization shall have the right to collect a royalty for the usage of any international songs as they have entered into a reciprocal agreement which their sister agencies through represented overseas Collective Management Organization.
If Malaysian songs are played in another country, for instance, the respective Collective Management Organization who played the Malaysian songs shall have the right to collect the Malaysian songs as agreed in the reciprocal agreement with that country’s Collective Management Organization.
5. What if the rate of licensing scheme offered by Collective Management Organization is high and not reasonably afforded to the user?
The user may file a complaint to the Copyright Tribunal to review or vary such unreasonable amount offered by Collective Management Organization.
6. To whom should the users contact regarding the licensing scheme?
Any person who would like to inquire about any information with regards to Tribunal shall contact the following person:
Secretary of Copyright Tribunal
Intellectual Property Corporation of Malaysia (MyIPO)
Level 13, Menara MyIPO, PJ Sentral,
Lot 12, Persiaran Barat, Seksyen 52,
46200 Petaling Jaya, Selangor.
[Att: Mr. Kuljit 03-7496 8930]