Protecting royalties and rights of Sarawak artists

KUCHING: All venues playing Sarawak’s ethnic songs should pay royalties to the original creators. The Music Right Sarawak Berhad (MRSB), a collective management organisation (CMO), aims to ensure that Sarawak’s artistes receive the rewards they deserve for their hard work.

According to Juliet Tan Soh Ping, managing director of MRSB, the organisation is responsible for collecting music royalties and granting licences for public music use, specifically in Sarawak. Established in 2021, MRSB is the only licensed royalty collection body in the state, recognsed by the Intellectual Property Corporation of Malaysia (MyIPO).

Tan

Unfortunately, Tan expressed her concern that some establishments chose not to obtain music licences from MRSB and instead opted for licences from existing bodies based in Peninsular Malaysia.

“Before MRSB was established, Sarawak artistes relied on several peninsula-based CMOs. These organisations focused on different areas, such as collecting royalties for lyricists, composers, and publishers, or for band performers and recording artists. Others collected only for companies,” she explained to Sarawak Tribune.

“In contrast, our scope is limited to collecting royalties for local ethnic songs, including Iban, Bidayuh, Melanau, Kayan, Kenyah, and others. But we do it for everyone,” she added.

Tan emphasised that any public space playing audio or visual music, directly or indirectly, must pay royalties as mandated by the Copyright Act 1987.

Despite this, many end users consider MRSB’s existence burdensome, believing they should not have to pay royalties for using ethnic music or obtain licenses.

Tan countered this perspective, highlighting that supporting local artistes in earning income and appreciating their work was crucial.

“Creating a song is not easy. Not everyone can compose music. Establishments that play music, such as karaoke bars, pubs, bistros, restaurants, hotels, and more, profit from their business activities. However, they often evade paying royalties by claiming they don’t play songs from our company,” she explained.

Tan also mentioned that it was highly unlikely for a venue not to play popular ethnic Sarawak songs, as some artistes themselves had heard their songs being played in various locations.

While she possesses video evidence, she prefers to issue warning notices to the implicated venues rather than immediately involve the police.

However, if they persist in refusing payment, she emphasised her willingness to take further action.

To address this issue, Tan proposed that the Ministry of Local Government and Housing Sarawak (MLGH) amend the Sarawak Businesses, Professions, and Trades Licensing Ordinance.

Tan

Under the current ordinance, MRSB lacks jurisdictional protection to operate collectively and comprehensively, relying solely on the Copyright Act 1987.

“To open a venue, operators usually need to meet specific criteria to obtain a business license.

“Therefore, we suggest amending the ordinance to require venues to obtain a permit from MRSB as part of the documentation needed to determine tariff charges for end users.

“This would particularly apply to venues using local ethnic works as a customer attraction element during their operating hours,” she elaborated.

Tan expressed hope that end users would cooperate with MRSB to ensure the rights of Sarawak artistes are protected.

She emphasised that end users had long benefitted from the work of local artistes without monitoring or paying royalties.

“It is our responsibility to continually monitor and oversee the artistic creations of local creators to ensure their protection and that the benefits reach the rightful parties,” she concluded.