Malta has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article 9(1)c of Chapter 415 of the Laws of Malta. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation which takes account of the application or non-application or technological measures to the work or subject-matter concerned.

Implementation details:

Beneficiaries:

  • natural persons

Purposes:

  • private use
  • for ends that are neither directly nor indirectly commercial

Usage:

  • reproduction

Subject Matter:

  • an audiovisual work
  • a literary work other than in the case of a computer programme
  • a musical or artistic work
  • database
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • fair compensation required

Attribution:

  • no attribution required

Other Conditions:

  • fair compensation must takes account of the application or non-application or technological measures to the work or subject-matter concerned

Introduced/last updated: 01 January 1970

Remarks: The exception applies mutatis mutandis to neighbouring rights under art. 21 of Cap.415.