Selected year snapshot
For 1993, the active event in this file is Copyright Act 1987 (Act 332).
100%
Current rationale
Section 13(2)(a) provides a fair dealing exception for 'non-profit research' and 'private study' that applies to any 'work, including a computer program.' The term 'fair dealing' covers any exclusive right (not only reproduction), and the exception applies to all types of works and is not restricted to specific user classes (any person may invoke it). The non-profit restriction on research is a classification-neutral factor. This is the most permissive exception. Other exceptions exist (e.g., library copying under s.13(2)(f), educational use under s.13(2)(b)-(c)) but are narrower. Uses: 'dealing' covers any exclusive right including reproduction and communication. Works: all works including computer programs. Users: any user. This maps to GREEN.
Exceptions considered
Fair dealing with any work including computer programs for purposes of non-profit research, private study, criticism, review, or reporting of news/current events
Dealing with a work for purposes of educational instruction, not being dealing by way of trade or business
Reproduction of works by libraries or archives for certain purposes including supply of copies to other libraries
Making of a transient and incidental electronic copy of a work if it is an integral part of a technological process
Law changes
Copyright Act 1987 (Act 332)
Baseline · Effective 1987-12-01
100%
Relevant section: Section 13(2)(a)
Dates: Effective 1987-12-01 · Enacted 1987-04-30
Why this score
Section 13(2)(a) provides a fair dealing exception for 'non-profit research' and 'private study' that applies to any 'work, including a computer program.' The term 'fair dealing' covers any exclusive right (not only reproduction), and the exception applies to all types of works and is not restricted to specific user classes (any person may invoke it). The non-profit restriction on research is a classification-neutral factor. This is the most permissive exception. Other exceptions exist (e.g., library copying under s.13(2)(f), educational use under s.13(2)(b)-(c)) but are narrower. Uses: 'dealing' covers any exclusive right including reproduction and communication. Works: all works including computer programs. Users: any user. This maps to GREEN.
Exceptions considered
Fair dealing with any work including computer programs for purposes of non-profit research, private study, criticism, review, or reporting of news/current events
Dealing with a work for purposes of educational instruction, not being dealing by way of trade or business
Reproduction of works by libraries or archives for certain purposes including supply of copies to other libraries
Making of a transient and incidental electronic copy of a work if it is an integral part of a technological process
Original text
13. (2) The right of control under subsection (1) does not include the right to control— (a) the fair dealing with the work, including a computer program, for purposes of non-profit research, private study, criticism, review or the reporting of news or current events, subject to the condition that if such use is public, it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast;
Source links
Copyright (Amendment) Act 2003 (Act A1195)
Relevant update · Effective 2003-10-01
100%
Relevant section: Section 13(2)(a)
Dates: Effective 2003-10-01 · Enacted 2003-10-01
Why this score
The Copyright (Amendment) Act 2003 (A1195) made various amendments to the Copyright Act 1987 but the core fair dealing provision in s.13(2)(a) for non-profit research and private study remained substantively unchanged. The 2003 amendments added provisions relating to technological protection measures and expanded certain exceptions (e.g., adding s.13(2)(gggg) on transient electronic copies), but the fundamental research/study fair dealing exception was not narrowed or broadened in a way that changes the classification. The overall classification remains GREEN because s.13(2)(a) still provides fair dealing for non-profit research covering all works, all users, and all exclusive rights.
Exceptions considered
Fair dealing with any work including computer programs for purposes of non-profit research, private study, criticism, review, or reporting of news/current events
Dealing with a work for purposes of educational instruction
Reproduction of works by libraries or archives
Making of a transient and incidental electronic copy as integral part of a technological process
Source links
Copyright (Amendment) Act 2012 (Act A1420)
Relevant update · Effective 2012-03-01
100%
Relevant section: Section 13(2)(a), Section 13(2)(f)
Dates: Effective 2012-03-01 · Enacted 2012-02-06
Why this score
The Copyright (Amendment) Act 2012 (A1420) made significant changes including expanding the definition of 'performer,' adding provisions on technological protection measures (new s.36A), and amending various sections. However, the core fair dealing exception in s.13(2)(a) for non-profit research and private study was not substantively altered. The amendment act text (retrieved from WIPO) shows amendments to s.13 but these relate to other subsections (e.g., adding new paragraphs to s.13(2) on circumvention of TPMs). The classification remains GREEN: s.13(2)(a) still provides fair dealing for non-profit research covering all works (including computer programs), open to any user, and covering any exclusive right ('dealing').
Exceptions considered
Fair dealing with any work including computer programs for purposes of non-profit research, private study, criticism, review, or reporting of news/current events
Dealing with a work for purposes of educational instruction
Reproduction of works by libraries or archives for certain purposes
Making of a transient and incidental electronic copy as integral part of a technological process
Original text
(a) the fair dealing with the work, including a computer program, for purposes of non-profit research, private study, criticism, review or the reporting of news or current events, subject to the condition that if such use is public, it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast;
Source links
Copyright (Amendment) Act 2022 (Act A1645)
Relevant update · Effective 2022-03-18
100%
Relevant section: Section 13(2)(a)
Dates: Effective 2022-03-18 · Enacted 2022-03-18
Why this score
The Copyright (Amendment) Act 2022 (A1645) introduced various changes including provisions on collective management organizations (replacing 'licensing body' with 'collective management organization'), voluntary notification of copyright, and other administrative changes. The consolidated text as at 30 June 2022 (published by MyIPO) confirms that s.13(2)(a) remains unchanged in its fair dealing provision for non-profit research and private study. The classification remains GREEN: fair dealing for non-profit research covering all works, all users, and all exclusive rights ('dealing').
Exceptions considered
Fair dealing with any work including computer programs for purposes of non-profit research, private study, criticism, review, or reporting of news/current events
Dealing with a work for purposes of educational instruction
Reproduction of works by libraries or archives for certain purposes
Making of a transient and incidental electronic copy as integral part of a technological process
Original text
(a) the fair dealing with the work, including a computer program, for purposes of non-profit research, private study, criticism, review or the reporting of news or current events, subject to the condition that if such use is public, it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast;
Source links
Copyright Act 1987 (Act 332, as amended up to Act A1645)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Section 13(2)(a)
Dates: Effective 2025-01-01
Why this score
As of 2025, the Copyright Act 1987 (Act 332) as amended up to Act A1645 remains in force. Section 13(2)(a) continues to provide a fair dealing exception for non-profit research and private study. Analysis across three dimensions: (1) Uses: 'fair dealing' covers any exclusive right, not only reproduction — it encompasses reproduction, communication, distribution, and making available; (2) Works: applies to any 'work, including a computer program' — no category of work is excluded; (3) Users: no restriction to specific user classes — any person may invoke fair dealing. The non-profit qualifier on research is a classification-neutral factor per the instructions. There is no TDM-specific exception in Malaysian law. The fair dealing exception is the most permissive research-relevant exception and determines the GREEN classification. Other exceptions (library copying under s.13(2)(f), educational use under s.13(2)(b), transient copies under s.13(2)(gggg)) are less permissive or narrower in scope.
Exceptions considered
Fair dealing with any work including computer programs for purposes of non-profit research, private study, criticism, review, or reporting of news/current events
Dealing with a work for purposes of educational instruction, not being dealing by way of trade or business
Reproduction of works by libraries or archives for preservation, replacement, or supply to other libraries
Making of a transient and incidental electronic copy as integral part of a technological process whose sole purpose is to enable transmission or lawful use
Inclusion of a work in a broadcast over a diffusion service if such inclusion is by way of fair dealing with the work
Original text
(a) the fair dealing with the work, including a computer program, for purposes of non-profit research, private study, criticism, review or the reporting of news or current events, subject to the condition that if such use is public, it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast;