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What are the penalties for copyright infringement?

Any person who
  1. makes for sale or hire any infringing copy;

  2. sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy;

  3. distributes infringing copies;

  4. possesses, otherwise than for his private and domestic use, any infringing copy;

  5. by way of trade, exhibits in public any infringing copy; or

  6. imports into Malaysia, otherwise than for his private and domestic use, an infringing copy,


shall on conviction be liable to a fine of not less than two thousand ringgit (RM2,000) and not more than twenty thousand ringgit (RM20,000) for each infringing copy, or to imprisonment for a term not exceeding five (5) years or to both and for any subsequent offence, to a fine of not less than four thousand ringgit (RM4,000) and not more than forty thousand ringgit (RM40,000) for each infringing copy or to imprisonment for a term not exceeding ten years or to both.

Any person who makes or has in his possession any contrivance used or intended to be used for the purposes of making infringing copies shall on conviction be liable to a fine of not less than four thousand ringgit (RM4,000) and not more than forty thousand ringgit (RM40,000) for each contrivance in respect of which the offence was committed or to imprisonment for a term not exceeding ten (10) years or to both and for any subsequent offence to a fine of not less than eight thousand ringgit (RM8,000) and not more than eighty thousand ringgit (RM80,000) for each contrivance in respect of which the offence was committed or to imprisonment for a term not exceeding twenty years or to both.

Any person who
  1. circumvents or causes the circumvention of any effective technological measures;

  2. removes or alters any electronic rights management information without authority; or

  3. distributes, imports for distribution or communicates to the public, without authority, works or copies of works in respect of which electronic rights management information has been removed or altered without authority,


shall on conviction be liable to a fine not exceeding two hundred and fifty thousand ringgit (RM250,000) or to imprisonment for a term not exceeding five (5) years or to both and for any subsequent offence, to a fine not exceeding five hundred thousand ringgit (RM500,000) or to imprisonment for a term not exceeding ten (10) years or to both.

Where an offence is committed by a body corporate or by a person who is a partner in a firm, every director, secretary or manager of the body corporate or, as the case may be, every other partner in the firm shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent the commission of the offence.

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Knowledge Base ID :   1379
Last Reviewed :   May 24, 2014
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