Copyright Landscape in Malaysia
Copyright Management Organisations (CMO) in Malaysia
The structure of Collective Management Organizations (CMOs) in Malaysia, which administer copyright royalties across different creative sectors. In the music and sound recording sector, five CMOs like MACP, PPM, RPM, MRSB, and MRS represent distinct categories of rights holders, including songwriters, composers, music publishers, recording companies, and performers.
These organizations enable the systematic collection and distribution of royalties, ensuring that creators and rights holders continue to benefit economically from the use and commercial exploitation of their works.
Similarly, in the literary and artistic works sector, the Malaysia Reprographic Rights Centre (MARC) functions as a collective body that manages reprographic rights for writers, publishers, and authors within the publishing industry. MARC's role demonstrates Malaysia's capacity to operate collective copyright systems effectively, particularly in regulating secondary uses such as photocopying and digital reproduction.
| No. | Collective Management Organization | Date of Declaration | Members Representation |
|---|---|---|---|
| 1 | Music Authors Copyright Protection Berhad (MACP) | 28 Sep 2012 | Songwriters, Composers, and Music Publishers |
| 2 | Public Performance Malaysia Berhad (PPM) | 5 Mar 2013 | Recording Companies |
| 3 | Recording Performers Malaysia Berhad (RPM) | 6 Mar 2013 | Recording Performers |
| 4 | Music Right (Sarawak) Berhad (MRSB) | 5 Nov 2021 – 4 Nov 2022 | Recording Companies, Songwriters, Composers, Music Publishers, and Recording Performers for ethnic songs in Sarawak |
| 5 | Music Rights Sabah Berhad (MRS) | 7 Jan 2022 – 6 Jan 2023 | Recording Companies, Songwriters, Composers, Music Publishers, and Recording Performers for ethnic songs in Sabah |
| No. | Collective Management Organization | Date of Declaration | Members Representation |
|---|---|---|---|
| 1 | Malaysia Reprographic Rights Centre Berhad (MARC) | 19 Aug 2021 | Writers, Publishers, Authors in Publishing Industry |
However, despite this established infrastructure, Malaysia's copyright framework under the Copyright Act 1987 (Act 332) does not provide Resale Royalty Rights (RRR) for visual artists. As a result, once an artwork is sold, visual artists have no legal entitlement to benefit from subsequent resales, even when their works increase significantly in value in the secondary market. This exclusion creates an ongoing economic imbalance and limits artists' long-term financial sustainability.
| No. | Collective Management Organization | Status | Members Representation |
|---|---|---|---|
| — | CMO (Visual Art) Proposed | Not yet established | Visual Artists — currently excluded from royalty framework |
Compounding this gap is the absence of a dedicated Collective Management Organization for visual art, unlike the structured systems available to the music and publishing sectors. Limited awareness of RRR among artists and art stakeholders further constrains advocacy and reform. Nevertheless, Malaysia possesses the institutional foundation to support RRR implementation. Bodies such as MyIPO and LPSVN, together with Malaysia's experience in collective rights management through MARC, indicate that a resale royalty system is both feasible and viable. With a rapidly expanding and increasingly international art ecosystem, Malaysia is well positioned for policy reform that recognises visual artists' ongoing contribution to cultural and economic value and supports the sustainability of their livelihoods.
Legal Gap in Malaysia's Royalty Framework
This diagram illustrates a structural gap in Malaysia's current royalty rights system, where visual artists are excluded from legal recognition as royalty recipients. While existing royalty frameworks support creative sectors such as music, film, and literature; visual artists are not explicitly included, creating a legal void that prevents them from benefiting from the resale or continued commercial exploitation of their works.
- Music royalty framework (MACP, PPM, RPM)
- Literary reprographic rights (MARC)
- Performer rights (RPM, MRSB, MRS)
- Existing IP infrastructure (MyIPO, LPSVN)
- No dedicated CMO for visual arts
- No resale royalty provision in Copyright Act 1987
- Visual artists excluded from royalty framework
- No minimum threshold or collection mechanism
"Malaysia's visual art space indicates a two-equity system with no long-term enforcement and no viable networking among visual artists, galleries, collectors and stakeholders."
This exclusion contributes to an unequal copyright ecosystem, particularly as Malaysia's art market continues to grow through auctions, galleries, and online platforms. Despite the expansion of the secondary market, no legal mechanism exists to ensure artists receive fair compensation when their artworks increase in value over time.
In contrast, countries such as Australia, the United Kingdom, and members of the European Union have incorporated Resale Royalty Rights (RRR) into their copyright laws, recognizing artists' ongoing contribution to cultural and economic value. Addressing this gap would align Malaysia with international standards and strengthen the protection of visual artists' rights within the creative economy.