The Copyright (Amendment) Act 2022 ("CAA")

Published date20 October 2022
Subject MatterIntellectual Property, Copyright
Law FirmWong Jin Nee & Teo
AuthorMr Eugene Ee and Kok Eu Jin

Eugene Ee and Kok Eu Jin discuss the key changes to the Copyright Act 1987 introduced by the CAA.

The CAA recently received royal assent on 26 January 2022 and came into force on 18 March 2022 save for certain provisions which are pending Malaysia's accession to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled 2013 ("Marrakesh Treaty"). The key changes introduced by the CAA broadly encompass three areas, namely:

(i) exemptions to copyright infringements under the Copyright Act 1987 ("CA 1987") in line with Malaysia's impending accession to the Marrakesh Treaty;
(ii) changes to the collective management organization system; and
(iii) new offences to address the advent of streaming technology.


The Marrakesh Treaty is administered by the World Intellectual Property Organisation ("WIPO") with the aim of helping people who are blind, visually impaired or otherwise print-disabled to have access to books and other literary works in accessible formats. Signatories to the Marrakesh Treaty will be able to access publications in Braille and in large print, audio and digital formats, and other reading materials without the threat of copyright infringements.

Towards this end, several provisions in the CA 1987 have been amended to include new exemptions to copyright infringement that cater to the making and distribution of an accessible format copy of any copyrighted work for the exclusive use of a person with print disability. A "person with print disability" has been defined to mean a person who is registered as a person with disability under the Persons with Disabilities Act 2008 who is (i) blind; (ii) visually impaired or has a perceptual or reading disability which cannot be improved to give visual function substantially equivalent to that of a person without such impairment or disability, and due to such impairment or disability is unable to read printed works to substantially the same degree as a person without such impairment or disability; or (iii) unable to hold or manipulate a book or to focus or move the eyes, to the extent that would be normally acceptable to read due to physical disability.


The CAA replaces all references to 'licensing bodies' appearing in the CA 1987 with the term 'collective management organisation' ("CMO"), which is in line with the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT