(2) Notwithstanding subsection (6) of section 27, 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; | |
| (b) | in the case of an anonymous or pseudonymous work, the publisher whose name is indicated in the work as such shall be deemed to be, unless the contrary is proved, the legal representative of the anonymous or pseudonymous author and shall be entitled to exercise and protect the rights belonging to the author under this Act; | |
| (c) | in the case of unpublished work where the identity of the author is unknown, but where there is every reason to presume that he is a citizen of Malaysia, the copyright conferred by this Act shall be deemed to vest in the Minister charged with the responsibility for culture. |
(5) Paragraphs (b) and (c) of subsection (4) shall cease to apply when the identity of the author becomes known.
Assignment, licences and testamentary disposition. 27. (1) Subject to this section, copyright shall be transferable by assignment, testamentary disposition, or by operation of law, as movable property.
