THERE is something very wrong with too many of our artistes: ignorance in what is due to them. I am talking about royalty that they are supposed to get when their songs are being played in public.In Malaysia, once the music is recorded, it is protected by the Copyright Act of 1987. But to benefit from it the owner of the copyright material must be a member of Music Authors Copyright Protection Bhd (MACP). All song writers and lyricists must be members of this organisation to get any form of benefit from the royalty collected by MACP.
There are only a few Dayak songwriters and lyricists who are members of MACP. Some of our leading artistes/songwriters are not members. Maybe they don’t care. Or maybe they do not realise how much they have lost from unclaimed royalty.
A song written and recorded now may earn the copyright owner a small amount, but it can add up to a substantial amount over the years. Add to that, no one can predict what would happen 30 years from now. Just look at those Malay songs from the 60’s. Many are still popular and got re-recorded and aired over TV and radios. Our copyright law gives protection up to 50 years after the death of the owner.
Another organisation that should interest our artistes is the Performers & Artistes Rights (Malaysia), (PRISM). PRISM represents recording musicians and performers. Performers’ rights are recognised and protected. Any artiste who performs in a recording session should consider being a member of this organisation. They include session musicians and music arrangers. The last time I look up the membership list of PRISM, I did not see any Dayak name. Royalty due to PRISM members is collected on their behalf by the Public Performance Malaysia (PPM) who also represents the Recording Industry Association of Malaysia (RIM). The two leading Dayak music labels, LUH of Sibu and Golden Pearl Recording, are members of RIM.
Another organisation much closer to home that Dayak artistes should support and be a member of is the Dayak Artistes and Musicians Association (Dama). Dama represents and promotes the interests of Malaysian performing artistes of Dayak origin.
Yes. The sound recordings and music videos contained in the broadcasts are protected by copyright. As such, playing of broadcast programmes in your commercial premises for you, your employees or members of the public will require a PPM licence.
I play music through my computer Multimedia equipment in my business premises. Do I need a PPM Licence?
Yes. Your use of sound recordings through your computer equipment constitutes public performance if they are played in an area where it can be heard by you, your employees or members of the public.
Other copyright issues regarding multimedia are likely to be involved for which you may require additional licences and authorizations. Contact PPM for more information and guidance on this.
Are there any exceptions?
Yes. A non-profit organisation or institution may use sound recording for charitable or for educational proposes provided no admission free is charged.
Are there any other organization collecting royalties for public performance? If so, what is the difference between them and PPM?
Yes. Music Author’s Copyright Protection Berhad (MACP) collects royalties for songwriters and lyricist whose copyrighted compositions are used in sound recordings. PPM collects royalties for the sound recordings which are the copyright property of recording companies.
For how long is a Public Performance Licence valid?
Depending on the nature of the public performance, the licence can be obtained for a single event, for events of limited duration or for the period of one year. For further reading on the subject, visit the following sites:
The official website of the Intellectual Property Corporation of Malaysia (MyIPO):
There are only a few Dayak songwriters and lyricists who are members of MACP. Some of our leading artistes/songwriters are not members. Maybe they don’t care. Or maybe they do not realise how much they have lost from unclaimed royalty.
A song written and recorded now may earn the copyright owner a small amount, but it can add up to a substantial amount over the years. Add to that, no one can predict what would happen 30 years from now. Just look at those Malay songs from the 60’s. Many are still popular and got re-recorded and aired over TV and radios. Our copyright law gives protection up to 50 years after the death of the owner.
Another organisation that should interest our artistes is the Performers & Artistes Rights (Malaysia), (PRISM). PRISM represents recording musicians and performers. Performers’ rights are recognised and protected. Any artiste who performs in a recording session should consider being a member of this organisation. They include session musicians and music arrangers. The last time I look up the membership list of PRISM, I did not see any Dayak name. Royalty due to PRISM members is collected on their behalf by the Public Performance Malaysia (PPM) who also represents the Recording Industry Association of Malaysia (RIM). The two leading Dayak music labels, LUH of Sibu and Golden Pearl Recording, are members of RIM.
Another organisation much closer to home that Dayak artistes should support and be a member of is the Dayak Artistes and Musicians Association (Dama). Dama represents and promotes the interests of Malaysian performing artistes of Dayak origin.
Where does the royalty money come from?
MACP and PPM are the two main bodies that issue licences for the purpose of royalty collection on behalf of their members.
DO YOU NEED A LICENCE?
I play only Radio and TV broadcasts in my office or commercial premises, do I still need a PPM Licence?Yes. The sound recordings and music videos contained in the broadcasts are protected by copyright. As such, playing of broadcast programmes in your commercial premises for you, your employees or members of the public will require a PPM licence.
I play music through my computer Multimedia equipment in my business premises. Do I need a PPM Licence?
Yes. Your use of sound recordings through your computer equipment constitutes public performance if they are played in an area where it can be heard by you, your employees or members of the public.
Other copyright issues regarding multimedia are likely to be involved for which you may require additional licences and authorizations. Contact PPM for more information and guidance on this.
Are there any exceptions?
Yes. A non-profit organisation or institution may use sound recording for charitable or for educational proposes provided no admission free is charged.
Are there any other organization collecting royalties for public performance? If so, what is the difference between them and PPM?
Yes. Music Author’s Copyright Protection Berhad (MACP) collects royalties for songwriters and lyricist whose copyrighted compositions are used in sound recordings. PPM collects royalties for the sound recordings which are the copyright property of recording companies.
For how long is a Public Performance Licence valid?
Depending on the nature of the public performance, the licence can be obtained for a single event, for events of limited duration or for the period of one year. For further reading on the subject, visit the following sites:
The official website of the Intellectual Property Corporation of Malaysia (MyIPO):
- www.myipo.gov.my – a good starting point to gain knowledge on in the relevant laws on copyright. It has a downloadable page where you can download all the Copyright Acts.
- Music Authors’ Copyright Protection (MACP) Berhad: www.macp.com.my It has registration form that is also downloadable.
- Public Performance (Malaysia) (PPM): www.ppm.org.my
- Performers & Artistes Rights (Malaysia) Sdn. Bhd (PRISM): www.prism.org.my
- Dayak Artistes and Musicians Association (Dama): Facebook - Dayak Artistes and Musicians Association (DAMA)
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