We work to advance music copyright in Malaysia

Dato’ Mohd Nasir bin Mohamed(M. Nasir)

President of the Music Authors’ Copyright Protection (MACP) in Malaysia

Q1. Hello, Mr. Chairman. Please provide a brief introduction of MACP.

Music Authors’ Copyright Protection (MACP) Berhad is a not-for-profit collective management organization (“CMO”) for authors and creators representing and administering the rights of its composer, lyricist and music publishing members and rights holders. MACP is a CMO officially recognized by the Intellectual Property Organisation of Malaysia (MyIPO) and a member of the accredited International Confederation of Societies of Authors and Composers (CISAC), which is a leading global network of authors’ societies. Our main role is to manage, enforce, collect (by way of licensing) and distribute royalties for our members and rights holders. 

By MACP administering and licensing these copyrighted works, music users are able to access and enjoy copyrighted works and obtain most, if not all licences from a single source. On the other hand, members and rightsholders are able to benefit from the economy of scale through MACP.

Q2. Could you share your thoughts on the overall situation of the music industry in Malaysia as well as the main challenges MACP is facing?

The evolution of music through digitization brings both bright prospects and new challenges for MACP.  MACP must evolve to meet the changing landscape of music exploitation, especially in the digital realm. To support songwriters in adapting to this new landscape, MACP has made significant investments in information and data technology. This includes developing an online portal that offers members seamless access to essential services, such as work management and royalty monitoring and partnering with rights management entities to trace music usage on digital platforms. Keeping up to pace with technological advancements ensures that MACP and its members can effectively monitor and manage new forms of music exploitation.

As a copyright administrator, MACP recognizes the necessity of staying abreast of technological developments. This ongoing adaptation allows us to better serve our members by utilizing advanced tools and systems to track and identify music usage. By leveraging the latest technology, we can ensure accurate and efficient management of music copyright and royalties.

Government support is equally crucial for songwriters facing challenges in the evolving digital music market. To address these challenges, it is essential for the government to enhance enforcement measures against rampant music copyright infringements. Additionally, proactive updates and amendments to copyright laws are necessary to keep up with the rapid changes in the digital landscape. Such support will help protect songwriters' rights and ensure fair and effective enforcement in the digital age.

Artificial Intelligence (AI) posed as the most recently surfaced challenge in the music industry where the question of whether AI-generated music content ought to be protected by copyright as well as the implications to songwriters e.g. by others using their copyrighted materials to train such AI. The publication of the CISAC’s Open Letter - Global Creators and Performers Demand Creative Rights in AI Proliferation signed and acceded by 13 global organizations representing over 6 million artists, creators, performers and publishers, called upon governments and decision-makers to commit to developing and adopting policies and legislation that are consistent with the 7 listed principles to make sure that AI systems are acting transparently, ethically and in compliance with relevant laws, serves as an opening and stepping stone to tackle the issues arising from the potential abuse of AI. 

Q4. What are MACP's international cooperation activities and major achievements?

In recent years, MACP has been honoured to host the CISAC technical training session on distribution for traditional broadcasting and Over-The-Top (OTT) platforms. Organized by the Asia Pacific Region CISAC Committee, this training brought together 73 participants from collective management organizations across the Asia Pacific region. The session included valuable sharing and discussion of challenges related to online broadcasting distribution, with contributions from APRA (Australia), CASH (Hong Kong), COMPASS (Singapore), and KOMCA (South Korea). 

Additionally, the training emphasized the importance aspect of 'CISAC Professional Rules & Binding Resolutions for Musical Societies’, which serves as a benchmark for MACP to position itself as a collective management organisation of high standard in the Asia Pacific and beyond.

In the fast-changing digital world, enforcing copyright has become more challenging. To address this, MACP has stepped up its enforcement activities and is working with the relevant government ministries and departments to protect the rights of our members. Recently, MACP has also volunteered to join the WIPO Alert initiative, a facility provided by WIPO in order to curb copyright infringement. Upon admission, MACP will contribute to upload any copyright infringement website or apps and participating relevant parties would also be able to view the list of infringing content providers made available on this platform and refrain from any commercial dealings with these infringers. 

^​

Q5. What future plans or new projects does MACP intend to focus on?

MACP is dedicated to several key initiatives aimed at ensuring long-term success and adaptability in the face of future challenges. One of our primary focuses is corporate sustainability. We recognize the importance of building a resilient organization that can navigate the evolving landscape of the music industry. To achieve this, we are committed to demonstrate through practice the transparency, accountability and good governance of our organisation by enhancing our governance and operation policies. 

In addition to corporate sustainability, MACP is investing in the development of human capital. The importance of upskilling and continuous training has often been the key in empowering the human resource in the company. This involves providing ongoing professional development training and to equip our team with the knowledge and skills needed to address future uncertainties and challenges. As such, the Board of Directors will readily steer MACP through shifting trends and growing challenges in collective management by mastering key corporate governance strategies and staying updated on their responsibilities and fiduciary duties . 

To ensure that MACP is well-equipped to manage and meet growing expectations, especially in the digital music environment, MACP has increased the employment of professional staffs within the company while continuing to engage and work closely with third party professionals and experts. Thus, by enhancing our human resources strategically, MACP is prepared to align with international governance best practices to challenge and develop beyond traditional boundaries, particularly in managing music database and royalty distribution to better service our members and rights holders.  

Furthermore, MACP continues to invest in new technologies and systems to better manage and distribute royalties, as well as exploring partnerships and collaborations that can enhance our service offerings. Through these efforts, MACP aims to maintain its competitive position to continue delivering value to our members and rights holders while adapting to the dynamic environment of the music industry.

MACP is driven to become one of the leading collective management organizations both regionally and internationally. To support this goal, MACP explores the adoption of public listed company best practices such as introducing Independent Directors to the present Board of Directors with the aim to enhance independent judgement, experience and objectivity without being subordinated to the conflicts between opposing interested parties. 

Aligned with the objective of maintaining robust governance, MACP's current corporate strategy is centred around the 'Anti-Bribery and Corruption Policy' where it will be strictly applicable and monitored in all contracts and services. It is without doubt that MACP will one day advance towards achieving the MS ISO standard being a recognition of quality management system that consistently provide services of the highest standards to our members and rights holders.