Section 151
Section 151
(1)
The Attorney General may appoint a person to inquire into the question whether new provision is required, whether by way of a licensing scheme or general licence, to authorise the making by or on behalf of educational establishments, for the purpose of instruction, of reprographic copies of –
(a)
published literary, dramatic, musical or artistic works; or
(b)
the typographical arrangement of published editions, of a description which appears to the Attorney General not to be covered by an existing licensing scheme or general licence and not to fall within the power conferred by section 148.
(2)
The Attorney General, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, may prescribe rules relating to the procedure to be followed in relation to an inquiry under subsection (1).
(3)
The rules shall provide for notice to be given to –
(a)
persons or organisations appearing to the Attorney General to represent the owners of copyright in works of that description; and
(b)
persons or organisations appearing to the Attorney General to represent educational establishments, and for the making of written or oral representations by such persons; but without prejudice to the giving of notice to, and the making of representations by, other persons and organisations.
(4)
The person appointed to hold the inquiry shall not recommend the making of new provision unless he is satisfied –
(a)
that it would be of advantage to educational establishments to be authorised to make reprographic copies of the works in question; and
(b)
that making those works subject to a licensing scheme or general licence would not conflict with the normal exploitation of the works or unreasonably prejudice the legitimate interests of the copyright owners.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
111
BLUV as at 24th December 2013
(5)
If he does recommend the making of new provision, he shall specify any terms, other than terms as to charges payable, on which authorisation under the new provision should be available.
(6)
In this section, a general licence means a licence granted by a licensing body which covers all works of the description to which it applies.
Statutory licence where recommendation not implemented.