Akta Hakcipta 1987
Applies to: Federal Act — see s 1 (Short title, application and commencement) · Official text ↗
- Defines which types of works are eligible for copyright protection, including literary, musical, artistic, films, sound recordings, and broadcasts (s 7(1)).
- Establishes that copyright is an exclusive right to control reproduction, communication to the public, performance, distribution, and commercial rental (s 13(1)).
- Specifies that copyright lasts for the life of the author plus fifty years after their death (s 17(1)).
- Protects moral rights, such as the right to be identified as the author and the right to object to distortion of the work (s 25(2)).
- States that copyright initially vests in the author, unless the work is commissioned or made in the course of employment (s 26(1), s 26(2)).
- Defines copyright infringement as doing any controlled act without a licence, including importing infringing copies (s 36(1), s 36(2)).
- Outlines criminal offences for making, selling, or possessing infringing copies, with specific fines and imprisonment terms (s 41(1)).
What this law is
The Copyright Act 1987 (Akta Hakcipta 1987) is numbered Act 332 in the Laws of Malaysia. Where it applies is set out in section 1 (Short title, application and commencement).
Its long title, as printed in the official text: An Act to make better provisions in the law relating to copyright and for other matters connected therewith.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–5)
- Part II — General provisions (ss 6–12)
- Part III — Nature and duration of copyright (ss 13–25A)
- Part IV — Ownership and assignment of copyright (ss 26–27)
- Part IVA — Copyright licensing (ss 27A–27M)
- Part V — Copyright tribunal (ss 28–35)
- Part VI — Remedies for infringements and offences (ss 36–43)
- Part VIA — Anti-camcording (s 43A)
- Part VIAA — Streaming technology (s 43AA)
- Part VIB — Limitation of liabilities of the service provider (ss 43B–43I)
- Part VII — Enforcement (ss 44–57)
- Part VIII — Miscellaneous (ss 58–61)
Part titles are from the official arrangement of sections.
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Making, selling, or possessing infringing copies (s 41(1)(a)-(f)) | Fine of not less than two thousand ringgit and not more than twenty thousand ringgit for each infringing copy, or imprisonment for a term not exceeding five years, or both | s 41(1)(i) |
| Subsequent offence for making, selling, or possessing infringing copies (s 41(1)(a)-(f)) | Fine of not less than four thousand ringgit and not more than forty thousand ringgit for each infringing copy, or imprisonment for a term not exceeding ten years, or both | s 41(1)(i) |
| Circumventing technological measures or removing rights management information (s 41(1)(h)-(k)) | Fine not exceeding two hundred and fifty thousand ringgit, or imprisonment for a term not exceeding five years, or both | s 41(1)(iii) |
| General offence under the Act where no special penalty is provided | Fine of not less than ten thousand ringgit and not more than fifty thousand ringgit, or imprisonment for a term not exceeding five years, or both | s 43 |
Laws cited on this page
| Act 332 | Copyright Act 1987 Akta Hakcipta 1987 | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 1 | The Act applies throughout Malaysia and comes into force on a date appointed by the Minister. |
| s 3 | Defines key terms such as 'author', 'artistic work', 'broadcast', and 'communication to the public'. |
| s 7 | Lists the categories of works eligible for copyright and states that protection does not extend to ideas or procedures. |
| s 13 | Details the exclusive rights granted to copyright owners, including reproduction and distribution, and lists exceptions like fair dealing for research or criticism. |
| s 17 | Sets the duration of copyright for literary, musical, and artistic works as the life of the author plus fifty years. |
| s 25 | Grants authors moral rights to be identified and to object to modifications that harm their honour or reputation. |
| s 26 | States that copyright initially belongs to the author, but may vest in a commissioner or employer depending on the nature of the work's creation. |
| s 27 | Allows copyright to be transferred by assignment or licence, provided the transfer is in writing. |
| s 28 | Establishes the Copyright Tribunal to decide on specific matters such as appeals by collective management bodies. |
| s 36 | Defines copyright infringement as performing controlled acts without a licence or importing infringing articles for trade. |
| s 37 | Allows copyright owners to sue for relief, including injunctions, damages, or statutory damages up to specific limits. |
| s 41 | Lists criminal offences for infringing copyright, such as selling or possessing infringing copies, and sets the corresponding penalties. |
Worked examples
Facts. Ravi buys a stack of unlicensed music CDs from a street vendor and resells them in his shop.
The law. Selling infringing copies is a criminal offence (s 41(1)(b)). Copyright is infringed by selling an article without the owner's consent (s 36(2)(a)).
Outcome. Ravi is guilty of an offence and liable to a fine of not less than two thousand ringgit and not more than twenty thousand ringgit for each infringing copy, or imprisonment for up to five years (s 41(1)(i)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who owns the copyright to a song I wrote?
Copyright initially vests in the author, which means you, the composer, own it (s 26(1)). However, if you were commissioned to write it or wrote it as part of your employment, the copyright may be deemed transferred to the commissioner or employer (s 26(2)).
How long does copyright last for a book?
For literary works, copyright subsists during the life of the author and continues until the expiry of a period of fifty years after his death (s 17(1)). If the work was published anonymously, it lasts for fifty years from the year of first publication (s 17(3)).
Can I use a small part of a song in my video for a review?
Yes, the right of control does not include acts done by way of fair dealing for purposes of criticism or review, provided you acknowledge the title and authorship (s 13(2)(a)).
What happens if I sell pirated movies?
Selling infringing copies is a criminal offence (s 41(1)(b)). You can be fined between two thousand and twenty thousand ringgit for each copy, or imprisoned for up to five years (s 41(1)(i)).
Does copyright protect my ideas?
No, copyright protection shall not extend to any idea, procedure, method of operation or mathematical concept as such (s 7(2A)). It protects the expression of the work, not the underlying idea.
Can I change a book's ending if I'm publishing it?
Generally, no. You cannot distort or modify a work if it significantly alters the work and adversely affects the author's honour or reputation (s 25(2)(b)). However, if you are authorized to publish and the modification is necessary for that purpose, it may be allowed (s 25(3)).
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Sources
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