Copyrights Law in Malta

Sure! Here’s an overview of Copyright Law in Malta:

📚 1. Legal Framework

Malta’s copyright law is primarily based on:

Copyright Act (Chapter 415 of the Laws of Malta), originally enacted in 2000 and updated several times to align with EU directives.

As a member of the European Union, Malta follows EU copyright directives and regulations, including:

Directive 2001/29/EC (InfoSoc Directive)

Directive 2019/790 (Digital Single Market Directive)

📅 2. Duration of Copyright Protection

General rule: Copyright protection lasts for the life of the author plus 70 years after death.

For joint authorship, the term is 70 years after the death of the last surviving author.

For anonymous or pseudonymous works, protection is 70 years from the date the work is lawfully made available to the public.

Photographs and cinematographic works: also 70 years from publication or creation.

Related rights (performers, producers, broadcasters) usually last 50 years.

🌍 3. International Agreements

Malta is party to major international treaties, including:

Berne Convention for the Protection of Literary and Artistic Works

WIPO Copyright Treaty

WIPO Performances and Phonograms Treaty

TRIPS Agreement under the WTO

These treaties ensure that copyrights granted in Malta are respected in other member countries.

🏛️ 4. Rights Granted

Economic rights: Right to reproduce, distribute, perform, communicate, and make adaptations of the work.

Moral rights: Right to attribution and to object to derogatory treatment of the work.

⚖️ 5. Exceptions and Limitations

Malta law incorporates exceptions consistent with EU law, such as:

Use for private copying

Use for criticism, review, or news reporting

Use for education and research

Use by libraries and archives

🔧 6. Enforcement and Administration

Copyright infringement is a civil and criminal offense in Malta.

Enforcement mechanisms include injunctions, damages, and criminal penalties.

The Copyright Unit within the Maltese government handles copyright registration and administration, although registration is not mandatory to obtain protection.

 

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