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2017 MarsdenLR 509

HIGH COURT MALAYA KUALA LUMPUR
SHEIKH ABDULLAH AHMAD – Appellant
Versus
UNIVERSAL MUSIC (M) SDN BHD – Respondent


Table of Content
1. plaintiff's claim for royalties established. (Para 1 , 2 , 3 , 4 , 6)
2. claims for royalties and contractual relationships. (Para 11)
3. court examines contractual obligations. (Para 15 , 19 , 21)
4. contractual rights and limitations under agreements. (Para 22)

[1] The Plaintiff's claim against the Defendant, inter alia, is for the following reliefs:

(i) a 20% royalty payment from the sale of his album and song, whether in cassette, digital, or in whatever form/medium;

(ii) a declaration that he has performers' rights under s 16A of the Copyright Act 1987 (the " CA 1987");

(iii) a declaration that the Defendant has breach the Plaintiff's performers rights under s 36 of the CA 1987;

(iv) that the Plaintiff is entitled to the equitable remuneration under s 16B of the CA 1987 from the Defendant;

(v) alternatively, the Plaintiff seeks an account of profit from the sale of his album; and

(vi) injunction and damages.

The Salient Facts

[2] The Plaintiff is a singer, and has been active in the entertainment business since 1980's. The Plaintiff's singing career was based in Los Angeles, United States of America from 1986 to 2008, and thereafter, in Paris, France. Apart from

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