Malta Copyright Act :: The Recent New Amendments [13th
On the 13th May 2009, Parliament approved the Bill which amends
Malta’s Copyright Act. The object of the Bill is to render the
Copyright Act compliant with the obligations emanating from the
WIPO Copyright Treaty 1996 and the WIPO Performances and
Phonograms Treaty 1996.
The Bill amends and clarifies various definitions within the
Copyright Act. For instance it defines that the mere provision
of physical facilities for enabling or making of a communication
does not in itself amount to an act of communication to the
public and communication to the public also includes making the
sounds or the representations of sounds fixed in a sound
recording audible to the public.
Dancers were included within the definition of ‘performers’ as
prior to these amendments dancers were excluded from the
The following new definition has also been included: “producer
of a sound recording” means the legal entity who or which takes
the initiative and has the responsibility for the first fixation
of the sounds of a performance or other sounds or the
representation of sounds”.
The making available of a work to the public was amended as
follows: “provided that in the case of a work, the making
available to the public had taken place with the consent of the
author or other owner of copyright, and in the case of a sound
recording, with the consent of the producer of the sound
recording or his successor in title.
For the purposes of article 19, a sound recording made available
to the public by wire or wireless means in such a way that
members of the public may access it from a place and at a time
individually chosen by them, shall be considered as if it had
been published for commercial purposes.
Sound recordings made available to the public by wire or
wireless means, in such a way that members of the public may
access them from a place and at a time individually chosen by
them, shall be considered as if they have been published for
Most importantly the new amendments provide that copyright
protection shall not extend to ideas, procedures, methods of
operations or mathematical concepts as such.
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