The Court of Appeal recently dismissed an appeal by A’Famosa Water Theme Park and reaffirmed MACP’s rights under the Licence Agreement executed by both parties on 1 January 1997.

MACP had sued A’Famosa Water Theme Park Sdn Bhd for a sum of RM64,160.00 being non-payment of licence fees for the period from 1998 to 2003 under the said Licence Agreement for the right to publicly play music within the repertoire controlled by MACP at its theme park.

MACP had earlier successfully appealed at the High Court against the decision of the Sessions Court which had dismissed MACP’s claim. This High Court decision was later appealed by A’Famosa Water Theme Park Sdn Bhd.

During the hearing at the Court of Appeal on 19 July 2012, it was heard that A’Famosa had paid the licence fees for the year 1997 and part of 1998 but failed to settle the rest of the licence fees including licence fees from 1999 up to 2003. There was also no dispute by A’Famosa over the validity of the Licensing Agreement during the period when the invoices were issued by MACP.

As the claim was contractual in nature, the Court of Appeal held that there was no need to delve into the issues of copyright ownership or the locus standi of MACP to issue and enforce the Licence Agreement, as the claim was not a copyright infringement matter.

The Court of Appeal then upheld the decision of the High Court and dismissed the Appeal with RM10,000.00 in costs. MACP was represented by Messrs Wong & Partners and A’Famosa Water Theme Park Sdn Bhd was represented by Messrs K.P. Ng & Amardas.