We are seeking a directive from the ministry of domestic trade and consumer affairs and Intellectual Property Corporation of Malaysia (MyIPO) on our joint request for a single collecting agency for music copyright royalties.
Numerous letters have been sent to them by us (Users Group) following the sudden and unilateral winding up of Music Rights Malaysia (MRM) on April 30 due to internal problems.
All the stakeholders in our “Users Group” are reiterating our appeal to the ministry to urgently step in.
We want a sole collecting entity for copyright royalties comprising Music Authors’ Copyright Protection (MACP), representing composers and lyricists; Public Performance Malaysia (PPM), representing recording companies; and Recording Performers Malaysia Bhd (RPM), representing performing artistes.
MRM was established by the then ministry of domestic trade, cooperatives and consumerism to represent MACP, PPM and RPM and was functioning well since 2017.
Before MRM was set up, there were attempts by various bodies that lobbied for the rights to collect royalties purportedly representing various splinter and overlapping groups. That created much confusion and uncertainties.
There were also acts of increasing intimidation on innocent users including even coffee shops, hawkers and taxi drivers.
It was in this flagrant environment that the minister then saw the wisdom and advantage of having one collection agent.
We strongly supported and continue to support this wise move to have the single entity and the rationale is still valid and relevant.
There should be only one collecting entity to represent the rightful intellectual property owners from lyricists/composers, performers and music rights owners.
Music users pay for the end product, namely the music.
It is not logical to expect a consumer to negotiate with each agent in a supply chain to arrive at the end product. For example, to purchase a vehicle, we are not expected to negotiate and pay separately for the vehicle’s wheels or the engine.
Expecting users to separately negotiate with the above mentioned three bodies is akin to asking users to deal with different suppliers instead of just negotiating to buy the end product.
A single entity is the only rational, efficient and practical solution as we are users of the end product in the entire continuum of the process of works from the composers/lyricists, performers/singers and the production and recording of such works.
From our subsequent meetings, the ministry had mentioned that they were in support of a “single invoice”.
However, MyIPO has since written to inform that the single entity and single invoice was not possible, without any reasons assigned or explanation given. As users who are paying the fees, we feel we have a right to understand the rationale behind this.
The minister of domestic trade and consumer affairs has a right under the law to intercede with the decisions of right holders in how they license their private property rights, more so when the end users are consumers.
Under these circumstances, we appeal to the ministry to urgently intercede to protect the right holders, consumers and individuals and mediate the current situation. We are users paying music copyright royalties and want to ensure that our payments reach the rightful recipients – the owners of the intellectual properties.
We are in empathy with Malaysian Artistes’ Association (Karyawan) that the fees we pay must reach the rightful beneficiaries expeditiously.
The rights of the copyright holders and more importantly that of the users must be protected under all circumstances. Any further delay will undoubtedly result in even more hardship for both parties which must be avoided at all costs.
We stress our urgent appeal to the ministry and MyIPO for a moratorium and to suspend any further action by any of the collecting parties to demand royalty payments as the royalties for overall common areas have been paid for the entire 2020 year to MRM.
The Associated Chinese Chambers of Commerce and Industry Malaysia, Real Estate and Housing Developers Association, Malaysia Retailers Association, Malaysia Retail Chain Association, Malaysian Association of Hotels, Malaysian Association of Hotel Owners, Malaysia Budget Hotel Association, Malaysia Shopping Malls Association and BB-KLCC Tourism Association.
The views expressed are those of the authors and do not necessarily reflect those of FMT.