Court grants music industry body stay of new copyright guidelines

Court grants music industry body stay of new copyright guidelines

MyIPO’s new Copyright (Collective Management Organisations) Guidelines, scheduled to come into force on Jan 16, have been stayed pending judicial review.

Mahkamah KL
The High Court will hear the Music Authors Copyright Protection Bhd’s judicial review application on April 15 next year.
KUALA LUMPUR:
The High Court has temporarily halted the government’s scheduled implementation of new copyright guidelines pending the disposal of a judicial review application brought by Music Authors Copyright Protection Bhd (MACP).

Lawyer Ong Yu Jian, who represented MACP, said Justice Amarjeet Singh granted the order during proceedings conducted online today.

The judge also ordered the respondents – the Controller of Copyright, the Malaysian Intellectual Property Corporation (MyIPO) and the domestic trade and cost of living minister – to pay MACP costs of RM5,000.

MACP – a collective management organisation (CMO) representing music authors in Malaysia – was seeking a stay to preserve the status quo pending disposal of its judicial review application, scheduled to be heard on April 15.

The respondents, however, opposed the stay application.

On July 10, Amarjeet granted MACP leave to proceed with judicial review proceedings to quash MyIPO’s 2025 Copyright (Collective Management Organisations) Guidelines.

The guidelines were scheduled to come into force on Jan 16 next year.

Lawyers Melissa Long, Gooi Yang Shuh and Iffah Afrina Saleh appeared for the Controller of Copyright and MyIPO, while federal counsel Ng Wee Li represented the minister.

MACP claims the guidelines were drawn up and issued by the respondents without proper consultation.

They said they were only provided with a public consultation paper that outlined general proposals last year, without being given specific details to allow for meaningful feedback.

MACP further claims the guidelines contain matters which are ultra vires the powers of the Controller of Copyright.

These include “sweeping provisions” relating to the internal structure, constitution and the governance of a CMO, its agreement with constituent members, and the terms of the licensing scheme to be implemented.

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