The Copyright Tribunal is an independent body established under the Copyright Act 1987.
The main function of the Copyright Tribunal is to settle various types of disputes, where the parties cannot agree between themselves, over terms and conditions of copyright licensing and royalty payments.
Licensing scheme
A person who claims, in a case
covered by a licensing scheme, that the operator of the licensing scheme
- has refused to grant him or procure the grant to him of a licence in accordance with the licensing scheme; or
- has failed to grant him or procure the grant to him of a licence in accordance with the licensing scheme within a reasonable time after being asked,
may apply to the Tribunal for an order declaring that the applicant is entitled to a licence on such terms as the Tribunal may determine to be applicable in accordance with the licensing scheme.
A person who claims, in a case
excluded from a licensing scheme, that the operator of the licensing scheme either
- has refused to grant him a licence or procure the grant to him of a licence, or has failed to do so within a reasonable time of being asked, and that in the circumstances it is unreasonable that a licence should not be granted; or
- proposes terms for a licence which are unreasonable,
may apply to the Tribunal for an order declaring that the applicant is entitled to a licence on such terms as the Tribunal may determine to be reasonable in the circumstances.
Licence to produce and publish translation
A person may also apply to the Tribunal for a licence (not being an exclusive licence) to produce and publish (available for distribution only in Malaysia) in the national language a translation of a literary work written in any other language on condition that the applicant shall pay to the owner of the right of translation in the work in respect of copies sold to the public, royalties at a rate to be determined by the Tribunal.
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