Malta has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Article 9(1)p of Chapter 415 of the Laws of Malta. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the inclusion in a communication to the public, the making of a graphic representation and the making of a photograph or film, of a work of architecture or sculpture or similar works made to be located permanently in public places.

Implementation details:

Beneficiaries:

• any user

Purposes:

• not specified

Usage:

• inclusion in a communication to the public
• making of a graphic representation
• making of a photograph or film thereof

Subject Matter:

• work of architecture
• sculpture
• similar works

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• works used must be made to be located permanently in public places

Introduced/last updated: 01 January 1970

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