Malta has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Article 9(1)a of Chapter 415 of the Laws of Malta. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for temporary acts of reproduction of audiovisual works, databases, literary works other than computer programmes, musical or artistic works. Acts of reproduction must be transient or incidental and an integral and essential part of a technological process, se well as their sole purpose must be to enable a transmission in a network between third parties by an intermediary, or another lawful use of a work or other subject matter to be made, and they must have no independent economic significance.
Implementation details:
Beneficiaries:
- intermediaries (transmission between third persons in a network)
- any user (lawful use)
Purposes:
- transmission in a network between third parties by a intermediary
- lawful use of a work
Usage:
- temporary acts of reproduction
Subject Matter:
- audiovisual work
- literary work other than in the case of a computer programme
- a musical or artistic work
- database
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- temporary acts of reproduction must be transient or incidental
- temporary acts of reproduction must constitute an integral and essential part of a technological process
- temporary acts of reproduction must have no independent economic significance
Introduced/last updated: 01 January 1970
Remarks: The exception applies mutatis mutandis to neighbouring rights under art. 21 of Cap.415.
