40 Laws of Malaysia Act 332 (2) The rights granted to a performer under subsection (1) shall, after his death, be maintained and shall be exercisable by the persons or institutions authorized by the performer. (3) For the purpose of this section, “phonogram” means the fixation of the sounds of a performance or of other sounds or of a representation of the sounds, other than in the form of a fixation incorporated in a film or other audiovisual work. Part IV OWNERSHIP AND ASSIGNMENT OF COPYRIGHT First ownership of copyright 26. (1) Copyright conferred by section 10 shall vest initially in the author. (2) Notwithstanding subsection 27(6), where a work— (a) is commissioned by a person who is not the author’s employer under a contract of service or apprenticeship; or (b) not having been so commissioned, is made in the course of the author’s employment, the copyright shall be deemed to be transferred to the person who commissioned the work or the author’s employer, subject to any agreement between the parties excluding or limiting such transfer. (3) Copyright conferred by section 11 shall vest initially in the Government, Government organization or international body and not in the author. (4) Subject to subsection (3)— (a) the name on a work purporting to be the name of its author shall be considered as such, unless the contrary is proved;