Commons:Copyright rules by territory/Malta/es

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This page provides an overview of copyright rules of Malta that are relevant to uploading works into Wikimedia Commons. Note that any work originating in Malta must be in the public domain, or available under a free license, in both Malta and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Malta, refer to the Copyright Act for clarification

Governing laws

Malta has been a member of the Berne Convention since 21 September 1964, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2000 (Chapter 415) as the main IP law enacted by the legislature of the Malta.[1] WIPO holds the Copyright Act 2000 as amended up to Act No. VIII of 2011 in their WIPO Lex database.[2] The act replaces the Copyright Act, Cap. 196.[415/2000-2011 Preamble] It applies to works made after the act came into force, and works made earlier whose term of protection had not yet expired. It is not retroactive, in the sense that it cannot be used against actions that were allowed by the previous act.[415/2000-2011 Art.60]

Applicability

The act covers artistic works, audiovisual works, databases, literary works and musical works. Literary, musical and artistic works must be original in character and must have been reduced to material form.[415/2000-2011 Art. 3 (1-2)]

  • "Artistic works" include paintings, drawings, etchings, lithographs, woodcuts, engravings and prints; maps, plans, diagrams and three-dimensional works relative to geography, science or topography, works of sculpture; photographs not comprised in an audiovisual work; works of architecture in the form of buildings or models; and works of artistic craftsmanship, including pictorial woven tissues and articles of applied handicraft and industrial art.[415/2000-2011 Art. 2]
  • "Audiovisual work" is a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of being made audible.[415/2000-2011 Art. 2]
  • "Database" means a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means.[415/2000-2011 Art. 2]
  • "Literary work" includes novels, stories and poetical works; plays, stage directions, choreographic works or entertainment in dumb show, film scenarios and broadcasting script; textbooks, treatises, histories, biographies, essays and articles; encyclopaedias and dictionaries; letters, reports and memoranda; lectures, addresses and sermons; and computer programs. It does not include any written law, law report or judicial decisions.[415/2000-2011 Art. 2]
  • "Musical work" means any musical work, irrespective of musical quality, and includes works composed for musical accompaniment.[415/2000-2011 Art. 2]

Copyright protection is given to works eligible for copyright where the author (or any of the joint authors) is a citizen, permanent resident or legal entity of Malta or of a state where copyright is protected under an international agreement to which Malta is also a party.[415/2000-2011 Art. 4(1)] As of 1997 this included most countries in the world from Angola to Zimbabwe.[3] Copyright is transmissible by assignment, operation of law or by testamentary disposition as movable property, and may be limited to certain acts, limited in time and limited in geographical area.[415/2000-2011 Art. 24(2)]

Durations

In this article, "50 years after [event]" means "for 50 years after the end of the year when [event] happened".

  • Literary, musical and artistic works, and databases, are protected for 70 years after the author dies.[415/2000-2011 Art. 4(2)]
  • Audiovisual works are protected for 70 years after the death of the last survivor of the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the audiovisual work.[415/2000-2011 Art. 4(2)]
  • Anonymous or pseudonymous literary, musical or artistic works are protected for 70 years after they were made public, or after they were made if they were not made public. If the identity of the author becomes known, the work is protected for 70 years after death of the author.[415/2000-2011 Art. 4(3)]
  • A "work of joint authorship" is a work produced by the collaboration of two or more authors in which the contribution of each author is not separable from the contribution of the other author or authors.[415/2000-2011 Art. 2] Works of joint authorship are protected for 70 years after death of the last surviving author.[415/2000-2011 Art. 4(4)]
  • A collective work is a work created by two or more physical persons at the initiative and under the direction of a physical person or legal entity with the understanding that it will be disclosed by the latter person or entity.[415/2000-2011 Art. 2] Collective works are protected for 70 years after they were made public, or after they were made if they were not made public.[415/2000-2011 Art. 4(3)] If the natural persons who have created a collective work are individually identifiable, the work is protected for 70 years after their death.[415/2000-2011 Art. 4(3)]
  • A co-written musical work may be considered to be a work of joint authorship or a collective work depending on the arrangement between the authors.[4]
  • When an unpublished work whose copyright has expired is published, the work is protected for 25 years from publication.[415/2000-2011 Art. 4(6)]

Government works

Copyright protection extends to work which is eligible for copyright and which is made by or under the direction or control of the Government of Malta. [415/2000-2011 Art. 6(1)]

  • Databases and literary, musical or artistic works are protected for 70 years from publication.[415/2000-2011 Art. 6(2)]
  • Audiovisual works are protected for 70 years after the death of the last survivor of the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the audiovisual work.[415/2000-2011 Art. 6(3)]
  • When an unpublished work whose copyright has expired is published, the work is protected for 25 years from publication.[415/2000-2011 Art. 6(4)]

License tags

Atajo
COM:TAG Malta

Véase también : Commons:Marcas de derechos de autor

Any work whose country of origin is Malta should have tags that indicate why the work is public domain or free license in Malta and the United States. These should be placed in the "Permission" parameter of the {{Information}} template (or the respective parameter of similar templates) or in the "Licensing" section.

Tags that may be used to show copyright status in Malta include:

Also provide a United States tag such as

Currency

Atajo
COM:CUR Malta

Véase también : Commons:Divisa

X mark.svg   There is no copyright exception for Maltese currency or governmental work (see articles 2(1)a, 3(1)a and 6(1) of the Maltese copyright act]). The Bank of Malta makes currency images available for use, but their disclaimer forbids any kind of derivative work, thus making these files impossible to host on Commons.

Freedom of panorama

Atajo
COM:FOP Malta

Véase también : Commons:Libertad de panorama

Symbol OK.svg  for buildings and sculptures. {{FoP-Malta}}

Malta's Copyright Act states that copyright "shall not include the right to authorise or prohibit (…) 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."[415/2000-2011 Art. 9(1)(p)]

Citations

  1. a b Malta : Copyright and Related Rights (Neighboring Rights). WIPO Lex (2018). Retrieved on 2018-10-27.
  2. Copyright Act. Malta (2000). Retrieved on 2018-10-26.
  3. Copyright (Extension of Application) Regulations , l997. Malta (1997). Retrieved on 2018-10-27.
  4. Public Domain Calculator : Report and Documentation. Institute for Information Law, University of Amsterdam (October 2011). Retrieved on 2018-10-27.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. Véase también : Commons:Aviso legal