At GTG we recognise the significance of copyright as one of the most important and valuable assets of a company, especially in an era where technological advances and the Internet are continuously causing creative works to be illegally adapted, reproduced and distributed.
Our lawyers have extensive experience in copyright issues ranging the whole span of literary, musical and artistic visual works, whether these constitute traditional or new media creations. In addition to securing the copyright itself, we work with our clients to ensure the preservation of their rights and to protect them against infringement. Our services encompass advising our clients on a wide range of licensing techniques depending on the nature of the industry and the method of distribution. Domestic Copright Protection
Copyright in a work that qualifies for protection, amongst other things grants the copyright owner a number of exclusive rights lasting for a term of fifty years from its official communication or transmission. Foremost amongst these is the exclusive right to authorise or prohibit in Malta the reproduction by any means and in any form of the creation. Exclusive rights exist also in relation to the work’s rental and lending, its display or performance to the public, and its distribution, although the first sale or other transfer of ownership with the consent of the right holder in the market of the original work exhausts the exclusive distribution right in respect of that work or its copy in the European Union.
Copyright protection is also relevant within the ambit of “moral rights” or "droit moral" which refers to the ability of authors to control the eventual fate of their works. Moral rights give the authors of original work the right to be identified on the work, even if such work shall have been assigned. This right is also extended to include the protection granted to the author against the mutilation, modification, distortion or subjecting the work to any derogatory action during the term of protection.
Special Cases
Computer Programs
The legal turmoil surrounding the patentability of computer programs has increased the importance given to the copyright protection of software. Software is considered as literary work and as a result qualifies for copyright protection. A computer program may be granted copyright protection if it is original in the sense that it is the author's own intellectual creation. No other criteria shall be applied to determine its eligibility for protection. An important rule is inserted with regards to computer programs created by an employee in the execution of his or her duties or following the instructions given by the employer. In this regard, the employer shall be exclusively entitled to exercise all economic rights in the program so created, unless otherwise provided by contract.
Databases
A “database” refers to a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means without it being necessary for these materials to have been physically stored in an organized manner. Database owners are afforded copyright protection if by reason of the selection or arrangement of its contents, the database constitutes the author’s intellectual creation. The copyright conferred to a database does not however extend to its contents. Due to the difficulty in qualifying for copyright protection as aforesaid, Maltese law grants an added protection in the form of a sui generis right for database producers of non original databases. This is valid for 15 years and allows producers to protect their investment, in time, money and effort, irrespective of whether the database in itself is innovative. |
