COPYRIGHT TRIBUNAL

ABOUT COPYRIGHT TRIBUNAL

Copyright Tribunal is an alternative forum for interested persons to seek applications for certain uses of copyrighted works and claim relief by any operator of copyright licensing schemes.

  1. Performers
    An actor, singer, musician, dancer, or any person who acts, sings, delivers, declaims, plays in, interprets, or otherwise performs a performance.

  2. Operators
    A Collective Management Organization (CMO) declared by the Copyright Controller and presently operating a licensing scheme offered to any person or organization.

  3. Any Person or organization
    An individual or organization (users) who use the licensing schemes offered by an operators.

  4. Collective Management Organization
    A Collective Management Organization whose declaration has been revoked by the Copyright Controller.

  5. Any interested person
    Any interested person who intends to apply for a license to produce and publish in the national language or other vernacular languages in Malaysia, a translation of a literary work written in other languages.

  6. Members of Collective Management Organization
    Any member of Collective Management Organization (CMO) who intends to refer his royalties disputes arising between his licensing bodies.

Copyright Tribunal can hear and determine the issues brought by interested persons as follows:

  1. A complaint by performers
    To hear and decide an application by performers regarding the payment of their remuneration rights from operator of copyright licensing scheme.

  2. A complaint by operator, a person or organization
    To hear and decide any reference of an issue by an operator, a person or an organization relating to copyright licensing scheme offered to any users of the licensing scheme.

  3. An appeal by Licensing Body
    To hear and decide an appeal by a licensing body against revocation made by Copyright Controller.

  4. An application by any person
    To hear and decide an application for license to produce and publish in national language or other vernacular languages in Malaysia, a translation of a literary work written in other language.

  5. A complaint by members of the Collective Management Organization (CMO)
    To hear and decide on an application for royalty disputes between collective management organizations and their members.

There is no limitation of time to file and lodge a complaint to the Copyright Tribunal

Any person who has any queries regarding the Copyright Tribunal may contact us as follows:

  1. Secretary to the Copyright Tribunal
  2. Level 5, Menara MyIPO, PJ Sentral, Lot 12, Persiaran Barat, Seksyen 52 Petaling Jaya, 46200 Petaling Jaya, Selangor
  3. copyrightribunal@myipo.gov.my
  4. 03-7490 2806

COPYRIGHT TRIBUNAL MEMBERS

The Copyright Tribunal was established under section 28 until section 30A of the Copyright Act 1987 (Act 332) which came into operation together with an amendment that came into force on the 1st of March 2012.

Copyright Tribunal is a quasi judicial body established under Copyright Act 1987 which consists of a Chairman, five (5) Deputy Chairman, and Twelve (12) other members appointed by the Minister of Domestic Trade, Cost of Living (MDT). The Composition of the Copyright Tribunal is appointed on various relevant expertise in the industry, commerce, economics, law, creatives, or consumer affairs.

  • CHAIR
    Assoc. Prof. Rohazar Wati binti Zuallcobley

  • MEMBERS
    Prof. Dr. Nazura binti Abdul Manap
    Puan Wong Jin Nee

The Chairman and members of the Copyright Tribunal shall hold office for a term not exceeding three (3) years from the date of appointment subject to provisions of unfit or unable to perform his duties termination and resignation according to section 29 of the Copyright Act 1987.

The tribunal is administered by a secretary, who is a civil servant working with the Intellectual Property Corporation of Malaysia (MyIPO). However, the secretary plays no part in the decision-making process and the tribunal carries out its work and comes to its decisions completely independently of the office or any other part of government.

The secretary acts as a formal channel of communication for the tribunal and all correspondence should be addressed to the secretary.

  1. Secretary to the Copyright Tribunal
  2. Level 5, Menara MyIPO, PJ Sentral, Lot 12, Persiaran Barat, Seksyen 52 Petaling Jaya, 46200 Petaling Jaya, Selangor
  3. copyrightribunal@myipo.gov.my
  4. 03-7490 2806 / 03 7496 8932

GUIDE FOR FILLING OUT THE FORM

Content currently being updated.

FORM AND FEES

SCHEDULE FORM AND FEES

[Regulation 3 and Regulation 4, Copyright  (Copyright Tribunal) Regulations 2012 (incorporating all amendments up to 19 June 2020 ]

 

ItemDescriptionFee (RM)Form
1.Proceedings not requiring special leave of the Tribunal or proceedings where special leave of the Tribunal has been granted [regulation 5] a.    Application under section 16B of the Act100CT1
b.    Reference under section 27B, 27C, 27D, 27I or 27J of the Act300
c.    Application under section 27E, 27F or 27K of the Act300
d.    Application for a licence under section 31 of the Act300
da.   Application for hearing dispute relating to royalties under section 59C of the Act200
e.    Defence20CTD
2.Application or reference requiring special leave of the Tribunal [regulation 7] a. Application or reference under subsection 16B(3C), 27D(2), 27F(2) or 27K(2) of the Act300CT2
b. Representation20CTR
3.Appeal [regulation 8] a. Appeal under subsection 27A(7) of the Act50CT3
b. Defence20CTD
4.Amendment of application, reference, appeal and defence [regulation 9]50 
5.Application to extend the period to produce and publish the translation of a literary work [subregulation 10(4)]200CT4
6.Application to cancel licence granted under section 31 of the Act [subregulation11(2)]300CT5
7.Reference of questions of law to High Court [regulation 12]300CT6
8.Withdrawal of application, reference or appeal [regulation 13]200CT7
9.Substituted service [regulation 17]100CT8
10.Request to inspect decision and reasons for the decisions - per hour [subregulation 23(3)]20CT9
11.Request for copies of the decision or reasons for the decision [subregulations 23(4) and 23(5)] a. Original copy- per page50CT10
b. Certified copy - per page10
c.        Non-certified copy - per page5
12.Setting aside decision [regulation 24]200CT11

OTHER INFORMATION AND FORM

[Regulations 25 of Copyright (Copyright Tribunal) Regulations 2012 (incorporating all amendments up to 19 June 2020 ]

 

ItemDescriptionFee (RM)Form
1.Notice of Representatives [Regulation 25 and Regulation 28]No Fee ChargedCT-NOR
2.Example of Evidence [Regulation 22(1), Regulation 25 and Regulation 29]No Fee ChargedEXAMPLE
3.Example of Submission [Regulation 22(3)]No Fee ChargedEXAMPLE
4.Notice to adduce evidence, witness, document, record or thing [Regulation 22(1) and Regulation 29(1)(a)]No Fee ChargedCTE
5.Notice to Answer Tribunal Inquiries [Regulation 29(1)(d) and Regulation 21(1)(g)]No Fee ChargedCTI

FLOW CHART

Content currently being updated.

COPYRIGHT TRIBUNAL DECISIONS

No.Reference, Application, AppealCase NumberDate
1.TBIN/AN/A

MANUAL FILING PROCEDURES

ONLINE FILING PROCEDURES

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