Malta has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Article 9(1)k 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 quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, as long as, unless this is impossible, the source, including the author’s name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purposes
Implementation details:
Beneficiaries:
- any user
Purposes:
- purposes such as criticism or review
Usage:
- reproduction
- translation
- distribution
- communication to the public
Subject Matter:
- works
- databases
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- the source, including the author’s name, is indicated, unless impossible
Other Conditions:
- works used have already been lawfully made available to the public
- use must be in accordance with fair practice
- use is limited to the extent required by the specific purposes
Introduced/last updated: 01 January 1970
Remarks: The exception applies mutatis mutandis to neighbouring rights under art. 21 of Cap.415.
