In Malaysia, the copyright owners have formed the following CMO:-
Name: Public Performance Malaysia (PPM) Berhad [“PPM”] (201601042369 (1213311-V))
Year of Incorporation: 2016
Members: Recording Companies
Works Represented: Sound, Music Video and Karaoke Recordings
Name: Music Authors’ Copyright Protection (MACP) Berhad [“MACP”] (198901009102 (186403-X))
Year of Incorporation: 1989 Members: Composers, Lyricists and Publishers
Works Represented: Musical Works
Name: Recording Performers Malaysia Berhad [“RPM”] (201101036650 (964784-U))
Year of Incorporation: 2011 Members: Recording Artistes and Musicians
Works Represented: Performances embodied in Sound Recordings
There is much transparency within the CMO. The Government has ensured that all CMOs are required by the Companies Act 1965 to submit their annual audited accounts to the Registrar of Companies. Anyone interested in the CMO accounts may obtain certified true copies of the audited accounts from Suruhanjaya Syarikat Malaysia (Companies Commission of Malaysia). The CMO also reports their annual collections to the Government whenever requested.
The royalties received by the copyright owners act as strong incentives for them to be creative in further development of the music industry. This enriches culture in our society.
Public Performance Malaysia (PPM) Berhad (201601042369) (“PPM”) is a not-for-profit making organization set up in 2016 to represent international and local recording companies (“PPM’s Members”) for the convenience of users of sound recordings and music videos including karaokes (as contained in Cassettes, CDs, LDs, VCDs, DVDs, Digital Music, etc.) in Malaysia.
PPM is a One-Stop Licensing Body that provides the licence to use all sound, music video and/or karaoke recordings (“the Music Recordings”), the copyright of which belong to or are controlled by PPM’s Members in various formats, including music videos, karaoke videos, laser discs, digital music, radio broadcasts and/or television broadcasts in public performances.
This saves you the trouble of obtaining the rights (reproduction, communication to the public, public performance and commercial rental) from the various Recording Companies. You need only to apply for one licence from PPM to cover the use of all these formats.
PPM’s Members are the recording companies whose products account for over 95% of all commercially released Music Recordings in Malaysia’s market which are protected by copyright laws. They have the original and most influential recordings in their unparalleled catalog which will give the business premises a better atmosphere to attract more customers and increase sales.
The list of PPM's Members is updated periodically at PPM’s website.
Yes. The Government of Malaysia recognizes PPM as legally constituted CMO in Malaysia where a Certificate of Declaration as a Licensing Body has been issued by Intellectual Property Corporation of Malaysia (MyIPO) an agency under the Ministry of Domestic Trade and Consumer Affairs (MDTCA).
You need PPM licence if you use Music Recordings of PPM’s Members in order to comply with the Copyright Act of 1987.
PPM’s licence is required immediately when you intend to play Music Recordings in your business premises.
The usage of Music Recordings is strictly voluntarily and not compulsory. The law does not force you to play Music Recordings in public. However, when Music Recordings are played in public, you have to pay royalty to PPM.
PPM licence is required as long as you continue play Music Recordings in a public area or business premises where it can be heard by employees or members of the public.
Yes. You have to pay royalties when the playing of Music Recordings is not primarily for making money. As long as it is classified as public performance, you have to pay royalties.
Yes. You need to obtain a public performance licence from PPM if you play it in a public area. The price you pay for a Cassette or CD or DVD or subscription of digital music service is for private and domestic use only; it does not cover a public performance licence.
Yes. You still need to obtain a public performance licence from PPM if you play the broadcast programs in a public area. The Music Recordings contained in the broadcasts is protected by copyright.
Yes. If you wish to reproduce and incorporate the Music Recordings into films of weddings and similar events where those films have been made by you solely for the purpose of public performance then you have to obtain a licence from PPM.
Yes. If there is the Music Recording used in the performance then you have to obtain a licence from PPM.
The below are the modes of payment:-
1) Get quote online and pay directly through the Self-Service Portal.
2) Bank Transfer/Direct Banking to PPM’s Bank Account No. 3-2097504-22
Once your payment is completed, please email the proof of payment to email@example.com or upload to Self-Service Portal or fax to +603-6207 2900/2999.
3) Submit cheque to PPM at No. L-8-2, No. 2, Jalan Solaris, Solaris Mont' Kiara, 50480 Kuala Lumpur
Don’t forget to write your invoice number, company name and invoice amount on the back of the cheque.
You may visit the Licence Tariff to find the right licence you need.
PPM do issue other less common types of licences (online broadcaster, background music service provider, music video service provider, streaming music service provider, karaoke service provider and etc.) and information on such licences is available upon request.
You may find out more information on the licence fees by visiting the Licence Tariff for different businesses and industries.
Licence fees take into account how Music Recording is used by different types of businesses and organizations, the value it offers, the size of a business and any other relevant factors that may have been raised by the industry groups we meet with regularly.
PPM’s licence is required for each location if the Music Recording is played in the respective location. You may apply the licence, as below:-
a) Apply an individual licence for each location.
b) Apply a licence for the main office (providing all your locations are managed by a same company/business registration number) and all locations will be licensed under the one account.
The verification fee is charged for the expenses and/or cost incurred by PPM in relation to the verification of your declared data, information and details.
Public performance is the playing of Music Recordings in public. If you play Music Recordings in a public area or business premises where it can be heard by employees or members of the public, then it becomes a public performance, in which case you have to obtain a prior licence from PPM.
The commercial rental is the commercially renting and making available the Music Recordings to the public for the sole purpose of public performance.
The featured entertainment is the playing of Music Recordings as the main feature of entertainment and includes music for entertainment, product launches, dancing, karaoke singing and entertainment provided by disc jockeys.
The non-featured entertainment is the playing of sound recordings and/or music videos where it is not the main feature of entertainment, e.g. Background piped-in music including Radio/TV broadcasts.
If you have obtained a public performance licence from PPM, your PPM licence enables you to publicly perform the Music Recordings (i.e. either vocal or instrumental, are the copyrighted property of PPM’s Members which are protected under the Copyright Act of 1987) in any formats or medium (music videos, magnetic tapes, cassettes, compact discs, laser discs, mini discs, digital video discs, digital music, radio broadcasts and/or television broadcasts) in your business.
It is extremely rare that a Music Recording you wish to use would be protected without PPM licence.
If you wish to determine whether or not a particular Music Recording is protected it is wise to seek your own independent legal advice.
The rate is determined by the copyright owners as copyright is a private property right. In determining the rates, the copyright owners will normally see how essential Music Recording is to users. For example, where Music Recording is the prime revenue generator for users as in the case of Karaoke or Disco outlets, the rates are naturally higher. If usage of Music Recording is optional as in the case of Restaurants or Hair Salons, the rates will be lower.
Governments as a matter of principle respect private rights and do not interfere by fixing the rates. As copyright is a private right belonging to the copyright owners, the rates are fixed collectively by the copyright owners.
You are liable for copyright infringement under the Copyright Act of 1987 if the Music Recordings continues to be used without permission. PPM will be left with no option but to enforce the rights on behalf of PPM’s Members, which could involve court proceedings, where upon conviction shall be punishable with a fine of not less than RM10,000 and not more than RM50,000 or to imprisonment for a term not exceeding 5 years or both. Such action may result in the business having to pay the licence fees as well as other damages and legal costs.
The below are the several exceptions to the general requirements of having to pay royalties for public performance of Music Recordings:-
(A) Statutory Exemptions
The law provides numerous exemptions from the paying of royalties. For example, automatic exemptions for music users are available under Section 13(2)(k) of the Copyright Act 1987, if all THREE (3) conditions are satisfied, i.e. when Music Recordings are played by:-
· a non-profit making club or institution;
· where no admission or contribution fee is charged; AND
· when playing of Music Recordings is for charitable or educational purposes only.
In the event ALL THREE (3) conditions are not met, you will not qualify for these exemptions.
(B) Other Exemptions
There are also other exemptions where the music users need not pay royalties, e.g.
· Playing of music not represented by the CMO (subject to written consent from the individual copyright owner);
· Playing of music that has fallen into public domain i.e. music for which copyright has expired (beyond the protection period of 50 years from date of publication or life of the author plus 50 years);
· Playing of music that has been contributed free for the welfare of society.
Background music service provider provides and creates customized Music Recordings to your business premises to give you a better atmosphere to attract more customers and increase sales. By maximizing the benefit of using Music Recordings in your business, the background music service provider can also provide the customized Music Recordings with your in-store messaging without interrupted by others’ advertisements. The service of delivering the Music Recordings is provided periodically by the background music service provider to you according to the arrangement.
You may visit our list of Licenced Background Music Service Providers for further information.
Yes. Your background music service provider need to obtain a licence from PPM if they reproduce and store digital copies of the Music Recordings and provide the Music Recordings to your business for the purpose of public performance.
You may visit our list of Licenced Background Music Service Providers for further information.
The reproduction for public performance is the reproduction of digital copies of the Music Recordings from a legitimate source by you for the sole purpose of public performance.
You need to obtain a licence from PPM if you wish to reproduce and store digital copies of the Music Recordings for the purpose of public performance.
PPM will distribute all royalties collected efficiently and in a cost-effective way to the copyright owners every year after deducting actual administration cost of PPM.
You can use all the Music Recordings which belongs to or are controlled by PPM’s Members and are protected by copyright laws.
Please contact us at firstname.lastname@example.org immediately to provide your playlist to us if you use Music Recordings in your business premises.
You still need to obtain a licence from PPM since the terms and conditions of most of the personal digital music service operating in Malaysia strictly state their service is for PERSONAL and DOMESTIC use only. Therefore, you may need a licence from PPM as the use of Music Recordings in your business may not be covered by your personal digital music service.
You still need to obtain a licence from PPM since the Music Recordings contained in the sport channel is protected by copyright. As such, playing of sport channel in your business premises for your employees or members of the public will require a licence from PPM.
You may visit our list of Annual Commercial Rental Service Provider for further information.
You may download PPM’s Music Usage Report Forms and submit it to us for our further action.
You may let us know by submitting our Illegal Music Used Advice Form to us if you aware a business is using PPM’s Members’ Music Recordings illegally and we will follow it up. Don’t worry! Your information will remain anonymous.
If you wish to amend your account, you may contact us at email@example.com, via live chat or call us at +603-6207 2800/2888 for any material changes in your business operation.
If you wish to cancel/terminate your account due to ceasing to carry on business or change of ownership or no longer use PPM’s Members’ Music Recordings in your business, you must complete our Letter of Undertaking (Licence Cancellation) and submit it together with the supporting documents to us.
You may contact us at firstname.lastname@example.org, via live chat or call us at +603-6207 2800/2888 if you wish to speak with us.
Yes. You can send us your feedback by complete our Feedback Form.
MRM is no longer appointed and/or authorized to carry out collective music licensing collection activities on behalf of PPM upon dissolution of MRM.
Please fill in our online membership form in the following link: https://mrd.ppm.my/login