CHAPTER 4
ABOUT PRISM BERHAD
(The Management)
Page
96
SECTION 27A (2) (a)
Regulation (5) (2)
No
Content Of Chapter 4
ABOUT PRISM BERHAD
Executive summary
1. What is Prism Berhad?
Page
98
98,99
99,100
2. Prism Berhad: Objectives
100
3. Prism Berhad: undertaking commitments of performers' rights collective
101
management organisations (CMO)
4. THE MANAGEMENT OF PRISM BERHA101D
Chief Operation Officer Licensing
101
101,102
Documentation and Information Technology
102
Communication and Membership
102
Legal and Administration
102
Finance and Distribution
102
5. Prism Berhad: Who Can Join Prism.
102
6. Prism Berhad: Why Join Prism
103
7. Prism Berhad: How To Join Prism
103
8. Prism Berhad: Regulation And Guidelines
104
9. Rights of Prism Berhad
10. Disputes Procedure
104,105
105,106
Page
97
Appendix: The Organisational Structure
PRISM BERHAD [1002266-K]ABOUT PRISM BERHAD
ABOUT PRISM BERHAD
EXECUTIVE SUMMARY
Copyright is classified as an Intellectual Property Right (IPR) (Alastair Dunning, 2004 &
2006). The categorization of copyright as a “property” is deliberate, demonstrating that
copyright is something that belongs to someone, cannot be copied or taken away without
consent and cannot be abused without the possibility of legal action ensuing. In Malaysia,
the Intellectual Property Corporation of Malaysia or MyIPO is the agency responsible for the
development of the intellectual property system. Under the purview of the Ministry of
Domestic Trade, Co-operatives and Consumerism, MyIPO also manages IP issues including
copyrights, patent, trademarks, industrial designs and IC Layout designs protection in
Malaysia besides providing legislation advisory services.
Economic rights and compensations deriving from such rights are essential forperformers, if
those rights are exercised and managed in an efficient and costeffectiveway.Performers´
collective management organisations (PMOs) started to meet regularlyas from the first
meeting in Vienna October 1988. The main topics to be discussedthen were – and still are –
how to improve the practical cooperation between PMOsworldwide in order to manage and
improve performers´ rights.
Page
For reasons of efficiency andor better safeguarding of performers’ rights PMO’smight also
manage performers’ exclusive rights on a voluntary basis throughvoluntary mandates by
performers or assignments of their rights to the PMOs.The existence of the great number of
performers involved means that the totalsum of remuneration for the use of each recording
may have to be shared betweenmany shareholders and the result for each of them is therefore
usually rather small.During his or her professional career, an individual performer performs
and worksin a large number of productions, constellations or orchestras and for many
differentproducers and employers. This fact stresses the need for the performer to gatherthe
same category of main economic rights for a particular territory in one PMO. Otherwise he or
she will lose all contactswith, or possibility of controlling, his or her individual rights.
The current Copyright Act 1987 provides protection for literary works, artistic works,
musical works, sound recordings, films, broadcasts and protection for performers. The new
Copyright Act 1987 amended by Parliament with effective 1st June 2012 includes payment of
royalties to protect the welfare of local artistes. The approve amendments also aims at
98
Performers’ rights affected by mass uses must, as reflected by most nationallegislations, be
managed by non-profit organisations established for collectivemanagement of individual
rights. Such practical considerations inter alia inducednational and international legislators to
provide performers with remuneration rightsregarding certain mass uses and to entrust
organisation with the assertion of theperformers’ remuneration rights.Remuneration rights
mean statutory licenses given by law to the users to use thefixed performance in the manner
described by the law against the payment of theremuneration to the organisation entrusted
with the management of the performers’rights. Thus collective management of performers´
rights provide users with aneasy way to clear their obligations vis-à-vis the performers by
paying to a singlepoint representing the performers.In some cases national laws provide for a
compulsory management of performers’exclusive rights by PMOs as well. Such compulsory
management of exclusive rightscomes in practice close to the management of remuneration
rights.
providing stiffer penalties to penalize and deter copyright infringers by empowering the
relevant authorities to carry out enforcement against copyright piracy more effectively. The
approve amendments would ensure that Malaysia’s copyright law is consistent and up- todate with the emergence of new media developments in tandem with the international
standards. Many of them do not understand the kind of trouble they can get into for
improperly including copyrighted material on their sites. Others don’t understand their rights
under copyright law, and are easily scared when served with a baseless legal notice.
Basically, one cannot put anything (text, images, music, videos, and photos) on the blog that
was created by someone else.
WHAT IS PRISM BERHAD?
PRISM BERHAD (Performers Rights and Interest Society of Malaysia) was established
with the main role to collect, distribute, protect the interest and rights of performers
incorporated officially on 15th of May 2012. It is a company limited by guarantee, which
means that there are no shareholders and no dividends can be paid out.
PRISM BERHADact as the Collecting Society or Collecting Management Organization
which is a separate entity from acronym ‘Prism’ refers to Performers and Artiste Rights Sdn
Bhdwho dissolve its function effective from 1st January 2012. Currently, PRISM BERHAD
run by its own members who have been appointed on board through democratically process
of election. This process is part and parcel to attain the role of CMO be more transparent,
accountable especially on the issues of collecting and distributing remuneration to its
members.
The Board members of PRISM BERHADwas elected officially during the first annual
general meeting held on 7th October 2012 at Dataran Finas, Ulu Kelang, Selangor, has made a
decision through their legitimate voting power and giving a mandate for new lineup of
leadership to execute any task pertaining to performers rights’ and interest in accordance to
constitution and law in force. Copyright Act 1987;
Page
As the intellectual property contributed 1.3% to growth domestic product (GDP) of
Malaysian economic, Prism Berhad will ensure the role of protecting the rights and interest of
performers should be seen as mandatory despite governing rules and regulations been
implemented and executed in good manner for the interest of its members.
99
PRISM BERHADnew board members were lead by Mr. Anuar Dahlan as President of the
Board and back by other ten (10) members from various association and independent member
who has a strong background in the musical filed as well as Malaysian music
industry.Promoting the tagline of ‘BEBAS & BERSATU’ (freedom and united) PRISM
BERHAD hopes that all performers are united and freedom in the spirit of 1 Malaysia
concept.The business practice models or any venture in future is no more applicable as the
new economic landscape in development country including Malaysia giving a high respect on
the human capital asset to develop and stimulate the industry in line with the National Policy
of Intellectual Property and National Policy of Creative Industry predominantly in music and
sound recording activities.
As new economic landscape becomes more challenging, PRISM BERHADhas take into
consideration some measure need to be prudent and transformation process especially in the
key area of management as a whole. Hence, In order to achieve Prism’s goal, the Board has
outline a documents of corporate governance and code of conduct to exercise a Transparency,
Accountability and Governance for the interest of its members, licensees and public
awareness as well.
2. PRISM BERHAD:Objectives
The main objects for which the Company is established are:
(a) To act on behalf of the recording performers (hereinafter referred to as “Members” for the
purpose of being the artiste, musician or person entitled to the performers’ right in any
sound recording which is published for commercial purposes or in respect of which such
recording is publicly performed or used directly for broadcast or other communications to
the public or otherwise as defined or described under the Copyright Act 1987 and as the
Act may be amended, modified, extended or re-enacted from time to time (hereinafter
referred to as the “Performers’ Right” and to promote and enforce by all lawful means the
Performers’ Right of the Members and generally to watch-over and safe-guard such
interest
(b) To originate and promote improvements in the laws relating to performers’ Right and the
protection and enforcement of the same or such other right or interest of the Members and
to support or oppose amendments is such laws and to effect improvements in the
administration thereof, and for the purposes aforesaid to petition the Government and take
such other steps and proceedings as may be deemed expedient.
(c) To diffuse among the Members information upon matters affecting the exploitation of the
Performers’ Right and to print, publish, issue and circulate such paper, periodicals,
circulars and other literary undertakings as may seem conducive to any of its objects.
(d) To acquire by assignment, licence agreement or by any other means the rights in relation
to any musical, literary or dramatic work of performing in public, broadcasting, new
media, etc and causing to be transmitted to subscribers to a diffusion service, for any and
all parts of the world by any means and in any manner whatsoever, and of authorising any
such acts.
(e) To charge, collect, receive and recover fees and royalties in respect of the use and
exercise by others of any rights vested in or controlled by the Company and to institute or
defend any legal proceedings for the purpose of enforcing or protecting any rights vested
in or controlled by the Company or for the recovery of damages or fees or royalties.
Page
(g) To distribute to members and other persons, corporations or organisations with which the
Company has entered into contracts out of the moneys received by the Company such
moneys as shall be available for distribution in accordance with the Articles of
Association of the Company and The Distribution Rules.
100
(f) To act as agent for any person, corporation or organisation in respect of any rights
relating to performing rights such as musical, dramatic or literary works.
(h) To protect and promote the interests of members in relation to performing rights, recorded
performance remuneration of their musical, literary and dramatic works.
3.PRISM BERHAD: Undertaking Commitments of Performers' Rights
Collective Management Organisations (PMO)
The aim of Prism Berhad (Performers Rights and Interest Society of Malaysia) as a
Collecting Society is to promote the financial interest of its members by;
i)
Monitoring, safeguarding and administrating those rights which, according to
the Malaysian Copyright Act 1987 with subsequent amendments and
additions, are due to performers, and which its members have grant the
mandate to Prism Berhad directly.
ii)
By collecting and distributing remuneration which is due to members
according to the above-mentioned legislation or equivalent foreign legislation;
as stipulated in the Prism Berhad Distribution Rules)
iii)
By representing in a corresponding manner even those “performing artistes or
performers” who are not members of the “Prism Berhad” for such abovementioned purposes;
iv)
By working to improve and extend the legal protection afforded to the
“performing artistes or performers”;
v)
By promoting through its own activities the professional interests of
“performing artistes or performers”;
vi)
Prism Berhad will carries out its duty and activities in collaboration with other
corresponding foreign organizations of collecting society.
4. THE MANAGEMENT OF PRISM BERHAD
The day-to-day operation is headed by the acting Chief Executive Officer, MrAnuar Dahlan
who is appointed by the Board of Directors. The CEO also handles the broadcast and new
media licensing besides government and international affairsrelations.On special task of
interim envoy Mr. Kanaga heading the Director of Strategic & Business Development, while
Mr Mahzan B, Director of Corporate Communication & Membership.
The Company consists of the following departments:
Zureen Awang: Senior Licensing Manager
Page
Responsible for performing rights licensing matters and educating music users on copyright
issues.
101
1. Chief Operation Officer Licensing – acting COO; Madam Zureen Awang
Mohd Nazri Mohd Noor: Broadcast and Single Event Licensing Executive
MrHasnol Hasan Ariff: Corporate Licensing Executive:
2. Documentation and Information Technology
Responsible for maintaining documentation of the Company’s repertoire of musical works,
information data system, distributing royalties according to the Distribution Rules adopted by
the Board of Directors and reviewed from time to time.
Miss Hazilah, Documentation and Information Asst. Manager; and En.Ismanizam Ismail
3. Communication andMembership
Responsible for membership affairs including processing of membership applications and
coordination of membership functions and services.
En. Mahzan B, Puan Nurshahida,Senior Membership Executive and En Saiful Imran b Taib.
4. Legal and Administration
Responsible for all legal & enforcement matters
Farhatul Ashiati Othman, Legal & Admin Asst.Manager and Cik Nurul Afifah
5. Finance and Distribution
Responsible for finance related matters and also general office administration.
Easther Leong, Finance and Distribution Manager and Cik Nurul Asyikin
((Refer to appendix of Organisational Structure)
5. PRISM BERHAD:Who Can Join Prism.
5.1 You can join PRISM if you performance in a recorded sound recording by following
criteria:
5.2 Please take note that ‘Membership’ is on an individual basis. If you team up with other
partner as a band, he or she will also need to apply for membership
102
You are the original performer or artist of a sound recording works
You are an arranger or musician on the sound recording works
Your work is publicly performed or broadcast
You are an Malaysia citizen or permanent resident
You are not a citizen or permanent resident of Malaysia but whose performance;i) Takes place in Malaysia
ii) Is incorporated in sound recordings that are protected by the Copyright Act,
1987; or
iii) Has not been fixed in a sound recording but is included in broadcast qualifying
for protection under the Copyright Act, 1987
Page
(a)
(b)
(c)
(d)
(e)
6. PRISM BERHAD:Why Join Prism
a) PRISM's management has the knowledge, experience and strength to adequately
protect and enforce performers and artistes' rights, and to collect and administer
royalties on behalf of performers and artistes.
b) If your music is performed in public - for example at pubs, clubs, festivals and
concerts - or broadcast on radio, TV (including pay TV), you are entitled to royalty
payments. This is because the New Copyright Act 2000 declares respect to performers
under the provision of 16B of "performing rights" which cover the protection of
copyrights uses of their sound recording.
c) PRISM does collectively what would otherwise be difficult for artist or music users to
do on an individual basis. We license music users, collect licence fees and pay the
owners of the performing rights in the form of royalties.
d) Through reciprocal arrangements with performing right societies world-wide, PRISM
can also collect royalties for you when your music is played overseas. These
arrangements essentially give Malaysian Artistes the same benefits as local artist in
many countries. Royalty payment is however subject to the existing copyright law in
each country and the individual policies of the affiliated societies.
7. PRISM BERHAD:How to Join Prism
Joining PRISM is easy and doesn't cost anything. Any performer (or artiste) who is interested
to have his or her performers' rights protected and enforced by PRISM may join PRISM by
filling up a Membership Registration Form and sign a Letter of Authorization for Collection
of Royalties and a Letter of Authorization for Enforcement, thereby giving PRISM the right to
collect royalties on behalf of the performer and to enforce the performer's rights.
There are two options of registration as member:
1. Download the form and post it to our office.
2. Online registration - Fill up your particulars online, print out the final page and post it to
our office or via online registration.
3. For offline Song Registration please download this form - Song Registration
Radio- & TV / broadcasting
Companies
Hotels & Restaurants
Shops
Discotheques
Theatres, Museums Etc
Sport Arenas
New Media Source
Page








103
Areas for licensing;
8. PRISM BERHAD: Regulation and Guidelines
8.1 PRISM BERHAD shall consider, draft, publish and lay down from time to time
regulations and guidelines relating inter alia to the following:
(i) Admission requirements for Full and Associate Membership;
(ii) Threshold for distribution of monies;
(iii) The establishment of distribution scales and points systems for the distribution of
“Recorded Performance Remuneration”;
(iv) Retention and/ or distribution of unascertained monies;
(v) The setting of trust funds and benevolent funds;
(vi) Notifications in relation to relevant agreements by Members;
(vii) Distribution of revenue;
(viii) Division of monies;
(ix) Legal proceedings;
(x) The extent of the “Recorded Performance Remuneration” collected by PRISM BERHAD;
(xi) Postal ballots;
(xii) Relationship with other collecting societies whether in Malaysia or abroad in relation to
rights licensed, or monies collected by foreign societies in cases where the rights exercised
are more extensive than “Recorded Performance Remuneration” but relate to either the
broadcast, public use or communication to the public of the live or recorded performances of
Performers;
(xiii) Death of a Member and succession to his or her interests.
NOTES:
Clause 8Bstates that PRISM BERHAD will be considering and publishing, from time to time,
regulations and guidelines which will be binding on its members.
9. Rights of PRISM BERHAD
9.1 PRISM BERHAD may distribute, allocate and apply unattributed or unallocated sum in
the general interest of Performers’ professions.
9.2 The Executive Board of PRISM BERHAD may call for proof of performance in a sound
recording and the Member’s contribution and/ or participation in that sound recording.
Page
9.4 PRISM BERHAD shall have power to affiliate to and/ or grant any of the rights given to
it hereunder to any other society.
104
9.3 The Member shall indemnify PRISM BERHAD in relation to any claims made or monies
received by PRISM BERHAD in the legitimate exercise of the rights granted to it by the
Member hereunder where a claim in respect of the same public performance or broadcasting
is made by the Member, either on his or her account, or through some Foreign Society or
third party.
9.5 PRISM BERHAD has the rights to debit from the account of any Member any sums paid
over to such Member where a claim is made against PRISM BERHAD in relations to monies
distributed to the same Member in respect of the same event giving rise to “Recorded
Performance Remuneration”.
9.6 PRISM BERHAD shall have First Charge in respect of its administration and other cost
in accordance with the guideline laid down under Clause 4 hereof over any “Recorded
Performances Remuneration” collected.
10. Disputes Procedure
PRISM BERHAD may, and shall, lay down rules and procedures for the settling of any
grievance or dispute whether in relation to monies arising or distributed, or other matters
relating to PRISM BERHAD in which the Member has legitimate interest. PRISM BERHAD
may lay down separate procedures in relation to internal and administrative matters and/ or to
the auditing and verification of accounts.
10. 1 Alternative Dispute Resolution for Members
PRISM provides an Alternative Dispute Resolution (ADR) service to resolve disputes
between members. Generally, the disputes are between performers or between performers
and smaller sound recording owners.The disputing parties, with the assistance of a mediator,
identify the disputed issues, develop options, consider alternatives and endeavour to reach
agreement. PRISM also offers ADR by means of expert determination subject to
circumstances.
The program is primarily a service to members without access to resources.

There is a threshold for a dispute – the disputed work must have been allocatedRM500 (to
avoid disputes over non earning works)

A work cannot be referred to ADR if it has been registered (insofar as the details of the
dispute are concerned) for more than three years (being the last date on which distributions
could be altered)

This procedure is not appropriate for large catalogue disputes between producers, but
PRISM can facilitate dispute resolution procedures for such disputes, if requested.

Mediation days are allocated throughout the year. A single mediator is appointed from a
panel, for all disputes on a particular day. The panel of mediators is not restricted to
lawyers. PRISM pays for the mediator to attend at prism (including Kuala Lumpur and
other capital city offices), at a fixed daily rate.

Members will be required to demonstrate the validity of their claim in a statutory
declaration.
Page

105
PRISM subsidises the ADR program to offer a low cost option to members. The service
operates within the following discretionary guidelines.

All disputing members involved are required to pay an administration fee of RM250 plus
GST.
106
If a dispute is resolved at the mediation, the settlement will be signed by the members on
the day. If the dispute cannot be resolved, prism plays no further role in the dispute or its
resolution.
Page

APPENDIX
THE MANAGEMENT TEAM
DESIGNATION
ACTING CEO (INTERIM)
DIR. OF CORP.COMM & MEMBERSHIP
DIR. OF STRATEGIC & BUS DEV
ACTING COO CUM S.MGR LICENSING
S.MGR – FINANCE & DIST.
ASST. MGR – DOCUMENTATION & ICT
ASST. MGR – LEGAL & ADMIN
BROADCAST & SINGLE LICENSING
CORP. LICENSING
FINANCE & DISTRIBUTION
DOCUMENTATION & IT
CORP. COMM & MEMBERSHIP
LEGAL
HR & ADMIN
107
NAME
ANUAR DAHLAN
MAHZAN B
KANAGA SELVARAJ
PN. ZUREEN AWANG
EASTHER LEONG
HAZILAH TEH
FARHATUL OTHMAN
MOHD NAZRI MOHD NOOR
HASNOL ARIFF
NURUL ASHIKIN GHAZALI
ISMANIZAM ISMAIL
SAIFUL IMRAN
NADIA MADUARRIN
AFIFAH MOHAMED
Page
NO
1
2
3
4
5
6
7
8
9
10
11
12
13
14