
In a written decision handed down last month, the tribunal also ordered Music Authors’ Copyright Protection Berhad (MACP) to regularise royalties paid to Abdulkarim’s co-authors.
Abdulkarim had asked the tribunal, established under the Copyright Act 1987, to intervene in a dispute over royalties payable for “Casablanca”, a Malay-Arabic fusion song he co-wrote with composers Daqmie and Wan Salleh.
The track, released in 2022 and performed by local artistes Naufal Azrin and Nuha Bahrin, was said to have gone viral on TikTok.
“In the event the applicant (Abdulkarim) finds that any payment made by the respondent (MACP) to be inaccurate, the applicant shall be entitled to request an audit of the respondent’s accounts, pursuant to the express offer made by the respondent during (the hearing of the case),” the three-member tribunal said.
The tribunal, chaired by Rohazar Wati Zuallcobley, also ordered MACP to provide the applicant with detailed royalty reports for performing, digital streaming, and live performances to ensure transparency.
“While we took note that the respondent currently distributes royalties in fixed cycles, we emphasise the importance of advance notice and clear explanation in order to manage members’ expectations effectively,” it said in a 15-page ruling.
Also on the panel hearing the case were Nazura Abdul Manap and Wong Jin Nee.
In his claim, Abdulkarim argued that MACP had failed to ensure transparency in both the management and administration of his rights over the work.
He said key information necessary to verify the accuracy and completeness of the royalty reports was not provided to him.
“(My) administration rights have not been conducted in a timely manner, particularly in relation to delays in making necessary adjustments to reflect the correct share in (my) creative work,” he claimed.
Abdulkarim questioned the accuracy of reports produced by MACP and claimed it had failed to invest sufficient efforts to enforce rights assigned to it.
Responding to the claim, MACP contended that it had carried out its functions transparently and fairly in accordance with its policy.
It said royalties for digital works were paid five times per year, and biannually for general works, as set out in its distribution policy rules.
It said Abdulkarim had received RM3,555 in digital royalties and RM2,262.78 in performance royalties.