Malta has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 9(1)e of Chapter 415 of the Laws of Malta. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the ephemeral recordings or works made by broadcasting organisations by means of their own facilities and for their own broadcasts: Provided that any reproduction of a work made under this paragraph may, if it is of exceptional documentary character be preserved in official archives.
Implementation details:
Beneficiaries:
- broadcasting organisations (for the ephemeral recording)
- official archives (preservation)
Purposes:
- own use by broadcasting organisations
- preservation by official archives
Usage:
- ephemeral recordings
- reproduction
Subject Matter:
- an audiovisual work
- a literary work other than in the case of a computer programme
- a musical or artistic work, except sheet music
- database
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- use of ephemeral recordings must be by means of broadcasting organisations' own facilities and for their own broadcasts
- works preserved in official archives must be of exceptional documentary character
Introduced/last updated: 01 January 1970
Remarks: The exception applies mutatis mutandis to neighbouring rights under art. 21 of Cap.415.
