Asian Journal of Law and Policy

Front Matter

Dennis W K Khong — 2024-08-01

Striking the Right Chord: Legal Dynamics of Music Copyright Law in Malaysia

Liveernieesh Ramakrishnan — 2024-07-31

Copyright law is the bedrock of the music industry, governing the ownership, distribution and commercialisation of musical works and sound recordings. It serves as a linchpin that sustains the complex ecosystem made up of users, authors, and owners. Supported by various multifaceted justifications for its existence, the landscape of music copyright law in Malaysia is characterised by diversity and cultural richness. Despite being primarily governed by the Copyright Act 1987, which offers protection for both sound recordings and musical works, there remains a notable lack of awareness regarding the applicability of copyright law and possible infringements. Addressing this is imperative, alongside the need to align Malaysian copyright law with international standards. With the rapid advancement of the global music industry, ongoing efforts are essential to foster a thriving music industry that benefits creators, consumers, and owners. Therefore, this paper aims to comprehensively analyse and understand music copyright law in Malaysia and provide insights into the global issues shaping the field.

Assessing Malaysia’s Readiness for the Beijing Treaty on Audiovisual Performances through Copyright Act 1987

Mohd Syaufiq Bin Abdul Latif — 2024-07-31

The Beijing Treaty on Audiovisual Performances known as the 'Beijing Treaty' represents a crucial international treaty designed to enhance the protection of audiovisual performers and their rights in audiovisual performances. To successfully implement the treaty, addressing issues related to defining the scope of protection, transfer of rights and establishing mechanisms for collective rights management for audiovisual performers is important. Given the dynamic evolution of the global audiovisual entertainment industry, it is paramount for countries like Malaysia to thoroughly assess their readiness to effectively implement the Beijing Treaty in the copyright legal framework. Malaysia's commitment and policy decision to evaluate crucial aspects of the issues will ultimately determine the success of its involvement in the broader global initiative to strengthen copyright protection for audiovisual performers within the copyright law spheres. Hence, this article will comprehensively examine the provisions related to the Beijing Treaty and determine whether Malaysia is prepared for the implications and requirements set forth by the Beijing Treaty to be incorporated in the Copyright Act 1987. This article also aims to guide the policymakers in crafting strategies for effective integration of the treaty into the national legal framework particularly in the Copyright Act 1987.