Malta has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in Article 9(1)i of Chapter 415 of the Laws of Malta. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the reproduction, translation, distribution or communication to the public of a work for the benefit of people with a disability, which are directly related to the disability and on a non-commercial nature, to the extent required by the specific disability.

Implementation details:

Beneficiaries:

  • people with a disability

Purposes:

  • for the benefit of people with a disability

Usage:

  • reproduction
  • translation
  • distribution
  • communication to the public

Subject Matter:

  • works
  • databases
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • use must be directly related to the disability
  • use must be of non-commercial nature
  • use is limited to the extent required by the specific disability

Introduced/last updated: 01 January 1970

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