MALTA Law and Practice Contributed by: Paul Micallef Grimaud, Philip Formosa and Michela Zammit Lupi, Ganado Advocates
some creative input or contribution (eg, directing its creation). Joint Authorship Joint authorship arises when a work is produced by the collaboration of two or more authors with the intention that their contributions be merged into a uni - tary whole. The contribution of each author cannot be separable from the contribution of the author/s. Each joint author owns an equal undivided interest in the work (pro indiviso) unless agreed otherwise. Each may exploit the work individually, but typically must account to other authors for any profits arising from such exploitation. An assignment or licence of copy - right or neighbouring right granted by a joint right- holder has effect as if granted by the other joint right- holders (provided the others may dispute the terms before the Copyright Board). 3.4 Copyright Rights Copyright under Maltese law consists of a bundle of economic and moral rights. Owners enjoy exclusive economic rights to authorise and prohibit any repro - duction (in whole or in part, temporary or permanent), distribution, rental, lending, translation, adaptation or modification, and any public communication, dis - play, performance, or broadcast of their work, by any means. The right to authorise or prohibit the cable retrans - mission of a television broadcast is exercisable only through a collecting society. The bundle of neigh - bouring rights granted to performers, producers of sound recordings and broadcasters cover similar acts, including reproduction, rental and lending, dis - tribution, making available and communication to act. They also have the exclusive right to the fixation of their performances, recordings and broadcasts. Alongside this, there are various statutory exceptions and limitations to copyright in the Copyright Act. These cover most of the exceptions and limitations found in Articles 5 and 6 of the Information Society Directive (Directive 2001/29/EC) (for example, private copying, incidental inclusion, temporary acts of repro - duction, parody, quotations for criticism or review).
Malta recognises moral rights, which are sepa - rate from economic rights and cannot generally be assigned during the author’s lifetime. They include the right of attribution, namely the right to claim author - ship and to be identified as the author of the work (or to remain anonymous or use a pseudonym), and the right to integrity, which allows the author to object to any distortion, mutilation, or modification of the work that would prejudice their honour or reputation. Performers are also entitled to moral rights in rela - tion to their performances; specifically, the right to be identified as the performer and the right to object to any distortion or modification of the performance that would be prejudicial to their honour or reputation. 3.5 Term of Protection and Termination The term of protection depends on the type of work. Copyright in literary, musical, artistic works and data - bases lasts 70 years after the end of the year of the author’s death, regardless of when the work is made public. For audiovisual works, protection lasts 70 years after the end of the year in which the last surviv - ing principal contributor (director, screenplay author, dialogue author, or composer) dies. Joint works are protected for 70 years after the death of the last sur - viving author. Neighbouring rights are protected for 50 years: for sound recordings and broadcasts, from first publication or public communication; and for per - formers, from first lawful publication or communica - tion of the performance or, failing that, from the first performance. The terms cannot be shortened by agreement or ter - minated prematurely. 3.6 Collective Rights Management Systems Malta recognises and regulates collective manage - ment organisations (CMOs) for copyright and related rights (primarily through the Copyright Act and sec - ondary legislation).
Powers and Functions of CMOs CMOs in Malta are authorised to: • license works on behalf of rights-holders;
322 CHAMBERS.COM
Powered by FlippingBook