32 Laws of Malaysia Act 332 Broadcasting of works incorporated in films 16. (1) Where the owner of the copyright in any literary, musical or artistic work authorizes a person to incorporate the work in a film and a broadcasting service broadcasts the film in the absence of any express agreement to the contrary between such owner and person, it shall be deemed that the owner of the copyright authorized the broadcast. (2) Notwithstanding subsection (1), where a broadcasting service broadcasts a film in which a literary, musical or artistic work is incorporated, the owner of the right to broadcast the literary, musical or artistic work shall be entitled to receive fair compensation from the broadcasting service. Nature of performers’ right 16a.  (1)  Performers’ right shall be the exclusive right to control in Malaysia— (a) the communication to the public of a performance, except where the performance used in such communication is itself a live broadcast performance; (b) the fixation of an unfixed performance; (c) the reproduction of the fixation of a performance; (d) the first distribution to the public of a fixation of a performance, or copies thereof, through sale or other transfer of ownership; and (e) the commercial rental to the public of a fixation of a performance, or copies thereof, irrespective of the ownership of the copy rented. (2) A performer shall cease to have the exclusive right under paragraph (1)(b) once he has given consent to the fixation of his performance.