Hosting creative experiences in Malaysia
These information pages can help you get started in learning about some of the laws and registration requirements that may apply to your experiences on Airbnb. These pages include summaries of some of the rules that may apply to different sorts of activities, and contain links to government resources that you may find helpful.
Please understand that these information pages are not comprehensive, and are not legal advice. If you are unsure about how local laws or this information may apply to you or your Experience, we encourage you to check with official sources or seek legal advice.
Please note that we don’t update this information in real time, so you should confirm that the laws or procedures have not changed recently.*
I’m planning to perform/play music, dance or carry out a photography/art class at my home as part of my Experience. Do I need a licence or registration to allow me to do this?
Generally, no. However, there is a general requirement for trade, businesses and industries to obtain a business licence or a business premise licence from the relevant municipal authority applicable to you, which would depend on the location of the your venue. What this means is that if you are doing this on an on-going commercial basis, you would need to be licensed.
In Kuala Lumpur, for example, the Licensing of Trades, Businesses and Industries (Federal Territory of Kuala Lumpur) By-Laws 2016 (“Trade By Laws”) prescribe that any person may use any premise for operating any business activity, provided that a business premise licence has been obtained. A “business activity” includes art, cultural and skills classes, trading in photography equipment, accessories and services, trading in musical instruments or equipment, etc.
Therefore, if you are providing any creative skill classes, you may need to obtain a business premise licence. If you are unsure as to whether your Experience requires you to obtain a business premise licence, it would be a good idea to reach out to your local municipality council or speak to your lawyer to make sure you are following the laws.
You should be aware that there is potential criminal liability for failure to obtain the requisite licenses which may include financial penalties and/or jail terms.
Specifically for creative Experiences involving providing musical performances or playing music in a venue, you should note that the public performance of copyrighted material to public on a commercial basis would require you to obtain a licence from Music Rights Malaysia (“MRM”) (“Copyright Licences”).
The licenses required can be obtained by completing an application form and paying the respective fees to MRM. The cost of these licenses would vary depending on factors such as whether it is a one-off license or an annual license and the type of premise in which the musical works is performed.
If you are unsure as to whether your Experience requires any of the above licences, it would be a good idea to reach out to the relevant regulators/bodies or speak to your lawyer to make sure you are following the laws. You should be aware that there is potential criminal liability for failure to obtain the Copyright Licences or the above-mentioned licences which may include financial penalties and/or jail.
What if I am performing my own original songs. Do I still need a licence or registration to allow me to do this?
No. If the work performed is an original creation that does not belong to any third party, then the Copyright Licences would not be required. However, if you were to perform or play any copyrighted musical work at your own home for financial remuneration, you would be required to obtain the Copyright Licences.
If you are unsure as to whether your Experience requires you to be obtain the Copyright Licences, it would be a good idea to reach out to the relevant regulators/bodies or speak to your lawyer to make sure you are following the laws.
Is there anything else I should think about?
If your Experience will involve other activities (for example, serving alcohol or food during the performances), please take a look at our other information sections such as our [Providing Food at Home Guide in Malaysia] or our [Providing Alcohol at Home Guide in Malaysia] to work out if any other rules might apply to your activity.
*Airbnb is not responsible for the reliability or correctness of the information contained in any links to third party sites (including any links to legislation and regulations).