"Who Owns the Sound?" - Understanding Music Copyright in Malaysia (Part 1)

Introduction

Copyright is the lifeblood of the music industry.
It’s not just a legal concept, it’s the framework that powers every business deal, licensing contract, and royalty payment in the music world.

Whether you’re a musician, producer, manager, or just someone who wants to remix a track or use a song in a film, copyright is what determines how, where, and if you can use music. It governs:

  • Who owns the music?

  • Who gets paid when it’s performed or streamed?

  • Can it be used in a TV ad or a cinematic film?

  • Is it legal to copy a song for a friend?

The short answer? Not without proper rights.

What Is Copyright in Music?

Music copyright is essentially a bundle of legal rights granted to creators and rights holders. These include:

  • The exclusive right to copy the work

  • The right to adapt or remix it (create derivatives)

  • The right to perform it in public

  • The right to distribute or sell it

  • The right to broadcast or stream it online

There are two main types of music copyrights:

  1. Composition rights — for the melody and lyrics

  2. Master recording rights — for the actual sound recording

Both rights are essential. You can’t use a song legally without clearing both, especially if you’re reproducing or monetizing it.

Copyright in Malaysia: The Legal Framework

Malaysia has taken steps to modernize its copyright law. With the Copyright (Amendment) Act 2012, three key sections — 26A, 26B, and 26C — were added to introduce the Voluntary Notification system.

This framework allows creators to register their works with the Intellectual Property Corporation of Malaysia (MyIPO). While registration isn’t mandatory, it serves as strong evidence in legal disputes.

In 2012, Copyright (Voluntary Notification) Regulations came into force, simplifying the process for musicians to protect their work.

As Dmitry (2020) explains, every piece of recorded music has two layers of copyright:

  • One for the musical composition

  • One for the sound recording

Failing to respect or secure these rights can result in legal trouble, lost income, or unfair exploitation. On the flip side, understanding copyright helps artists monetize their work and protect their careers

Author’s note,

Hi, I’m Zuhairah, a student from the creative field. I decided to write about copyright , especially in the context of music in Malaysia because it's something every artist should understand. This blog will be split into multiple parts, and I hope this piece can help local musicians and artists better understand how copyright works in the music world.

Protecting creativity starts with knowing your rights!




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