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MACP launches Major Operation in Crackdown Against Copyright Licence Defaulters

Kuala Lumpur, 10 September 2007Music Authors’ Copyright Protection (MACP) Bhd (“MACP”) announced that it is giving defaulters a final grace period of 14 days before it files lawsuits against defaulters to recover more than RM1.0 million owed by them in respect of the use of music belonging to MACP’s members and its affiliates. To start off, MACP will commence civil actions against 100 defaulters amongst them are hotels, restaurants/cafes, entertainment outlets and retailers. The debt outstanding from each of them ranged between RM1,000 to RM90,000.

“These defaulters owe MACP between 6 months to as 5 years! Despite them not renewing the MACP Licence, they continue to play our members’ music at their premises. We therefore have no choice but to file lawsuits against them for breach of their Licence-Contract with MACP” said Pn Habsah Hassan, Chairlady of MACP Bhd.

“This major legal operation is a crackdown against such defaulters. It is a two-prong action involving both civil and criminal actions” added Pn Habsah.

Pn Habsah disclosed that last year, MACP had filed 25 cases in court. To-date, MACP had obtained judgment against 10 of them; while 9 others had settled-of-court. The other cases are pending in Court or in the midst of negotiation of settlement. MACP is now in the process of executing the judgments by way of Writ of Seizure and Sale.

At the same Media Conference attended by Tuan Iskandar Halim, Deputy Director of Enforcement; Ministry of Domestic Trade & Consumer Affairs, Tuan Iskandar also announced that following a complaint by MACP, a pub in Kuala Lumpur was raided by his officers last week for allegedly playing music in public without the necessary licence.

“Despite stern formal warnings, both by MACP and its lawyers, Messrs Law, Raj, Teh & Partners, the pub continued to play music at their premise without any permission or licence from MACP” said  En Iskandar Halim.

“We therefore had no alternative but to seize audio-visual equipment and other devices such as TV monitors, song books, mircophones and computerised karaoke system containing infringing copies of music with an estimated value of RM20,000.00 from the said outlet which is suspected of committing offences under 41(3) of the Copyright Act, 1987. 

For such offences, the penalty under Section 43 of the Act are fines ranging from RM10,000 to RM50,000 and/or up to 5 years imprisonment per offence” he added.

The raiding party was led by Encik Mohd Azman bin Mahmud @ Bahari of the Ministry’s Enforcement Office from Kuala Lumpur.

“We hope that all commercial outlets will take the Copyright Law seriously. Besides civil actions, MACP will also lodge more complaints with the Ministry in the coming months for criminal actions if the outlets refuse to comply with the law,” Pn Habsah said.

 


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