In the competitive world of Ramadan marketing, a viral cover song is a double-edged sword. While it taps into local nostalgia and “vibe,” the legal requirements in Malaysia are more complex than most marketers realise, especially since the Copyright (Collective Management Organisation) Guidelines 2025 came into effect in January 2026, demanding even higher transparency and fairness from licensing bodies.

THE COMMERCIAL ‘SYNC’ TRAP

When a brand makes a “heartwarming” Raya video and uses a viral cover song, it’s not as simple as “just singing a song.” It’s actually a huge legal puzzle.

Think of songs as your phone, it has 2 layers.

• The OS (Software): This is the lyrics and the melody. Someone sat down and wrote those notes. In Malaysia, a group called MACP looks after the songwriters.
• The Hardware (The Phone itself): This is the actual recording you hear on Spotify (the singer’s voice, the studio instruments). A group called PPM looks after the record labels that own that specific file.

So, if you do a cover, you aren’t using the “Hardware” (the original recording), but you are still using the “Software” (the lyrics/melody). You still have to ask permission to use the “Software” for your ad.

The Trap: Just because you paid an annual “Public Performance” fee to MACP for your office background music doesn’t mean you have the right to put their song in a viral Raya ad. That requires a separate Sync License.

• What it is: Syncing is the act of pairing music with visual images (the video).
• The Trap: Even if you perform a cover yourself, you are “syncing” a copyrighted melody to your commercial.

The 2026 Reality

In 2026, you can’t “hide” an unlicensed song.

• Melody Detection: Platforms like TikTok and Instagram now use advanced “Melody Fingerprinting.” Even if you slow the song down, sing it in a different key, or use a “humming” version, the AI will recognise the underlying IP.
• MyIPO 2026 Guidelines: As of January 16, 2026, MyIPO’s new Guidelines for Collective Management Organisations have made licensing more transparent but also more strictly enforced. There is no more “I didn’t know” defence, if you are a business, you are expected to be “IP literate.”

NAVIGATING THE ‘BIG 3’ CMOs IN MALAYSIA

Navigating music licensing in Malaysia is like managing a three-piece band, `each member has a different role, and if you don’t pay one of them, the whole show stops.

In Malaysia, most music rights are managed by three Collective Management Organisations (CMOs). To use a song in a brand video, you often need to deal with all three (or at least understand why you’re skipping one).

1. MACP (Music Authors’ Copyright Protection)

• Who they represent: The “Architects” – Composers, lyricists, and music publishers.
• What they own: The Musical Work. (the melody and the lyrics).
• When to pay them: Always. Whether you use the original track or record a new cover, the melody and lyrics still belong to these people.

2. PPM (Public Performance Malaysia)

• Who they represent: The “Investors” – Record labels (Sony, Warner, Universal, etc.).
• What they own: The Sound Recording. This is the actual physical file (the MP3 or master track) you hear on Spotify.
• When to pay them: Only if you use the original recording. If you hire a singer to do a new cover, you usually skip PPM because you aren’t using the record label’s file.

3. RPM (Recording Performers Malaysia)

• Who they represent: The “Artists”- Vocalists and session musicians (the drummer, the guitarist).
• What they collect: Equitable Remuneration. This is a fee that ensures the people who actually performed on the track get a slice of the pie.
• When to pay them: Usually, whenever you are playing recorded music publicly or using it in a way that generates revenue for a brand.

Crucial Note

If you are doing a cover, you usually bypass PPM (because you aren’t using their audio file), but you must still clear rights with MACP (for the song itself) and potentially negotiate a separate Sync License with the music publisher.

MORAL RIGHT TRAP

Under Section 25 of the Copyright Act 1987, creators have “Moral Rights” that cannot be sold or transferred.

Section 25(2)(b) specifically says that no one can distort, mutilate, or modify a work if it “significantly alters” the piece in a way that hurts the author’s honor or reputation

A composer has a ‘right of integrity’ that allows them the ability to object if a brand changes the lyrics of a classic Raya song to something that “distorts or mutilates” the work.

In plain English, if you take a legendary, soulful Raya song and change the lyrics to be about a 10% discount on sambal or how great a vacuum cleaner is, the original songwriter can argue you’ve turned their “art” into “cheap noise.”

Even if you have a license to use the melody, the creator (or their family, if they’ve passed away) can sue to have your video deleted because the modification is derogatory to their legacy.

Raya songs are often decades old. Just because the original composer (like P. Ramlee or Saloma) is no longer with us doesn’t mean the risk is gone. Their estates/heirs can exercise these moral rights for 50 years after the creator’s death. If the family feels your “viral remix” is disrespectful to their ancestor’s work, they can pull the plug on your campaign.

WHY SHOULD YOU CARE?

Imagine spending RM20,000 on a film crew and influencers for a Raya video. It goes viral at 8:00 PM, and by 10:00 PM, it’s MUTED because of a copyright strike.

• You lose all the momentum and “hype.”
• You may receive a Cease and Desist letter (a legal “Stop it or we sue”).
• It makes the brand look unprofessional and “cheap” in front of customers.

Moreover, it might become a criminal offence as well. Fines ranging from RM2,000 to RM 20,000 and prison up to 5 years.

Don’t let a copyright strike ruin your festive season. If you’re unsure whether your “Viral Cover” or “Raya Short Film” is legally safe, contact us at Quality Oracle where our experts are ready to guide you.