Music industry bodies secure leave to challenge new copyright guidelines
KUALA LUMPUR : The High Court has granted two collective management organisations (CMOs) representing the rights of recording performers in Malaysia leave to bring judicial review proceedings to challenge a new regulatory framework slated to come into force next year.
Justice Amarjeet Singh allowed Public Performance Malaysia Bhd (PPM) and Recording Performers Malaysia Bhd (RPM) to pursue judicial review proceedings in their bid to quash the Guidelines of Copyright (Collective Management Organisations) 2025.
The court also fixed Aug 7 to hear the application by PPM and RPM to stay the enforcement of the guidelines pending the disposal of the lawsuit.
PPM and PRM named the controller of copyright, MyIPO, and the domestic trade and cost of living minister as respondents in their application.
They claim the guidelines – scheduled to come into force on Jan 16, 2026 – were drawn up and issued by the respondents without proper consultation.
They said they were only provided last year with a public consultation paper that outlined general proposals, without the specific details necessary for meaningful feedback.
Both bodies claimed they only came to know the full contents of the guidelines when it was published earlier this year.
They said the guidelines contained 'sweeping provisions' relating to the internal structure, constitution and governance of a CMO, its agreement with constituent members, and the terms of the licensing scheme to be implemented.
They also said the copyright controller, tasked with regulating copyright matters, did not accord them a fair opportunity to be heard and reply.
They further alleged that the guidelines contained provisions that exceed the powers vested by law in the controller.
The court also fixed July 10 to hear a separate bid by Music Authors Copyright Protection Bhd (MACP) for leave to commence a judicial review over the same guidelines.
PPM, RPM and MACP had said that they disagreed with the guidelines as it could negatively impact copyright holders.
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