Legislation and Materials
General Remarks on Implementation
Malta is the only country which has transposed Art. 5 EUCD almost literally. Art. 9(1)h Copyright Act states that copyright (inter alia) in a literary work shall not include the right to authorize or prohibit:
“the reproduction, translation, distribution or communication to the public of a work for the sole purpose of illustration for teaching or scientific research only to the extent justified by the non-commercial purpose to be achieved, and as long as the source, including the author’s name, is, unless this is impossible, indicated.”
The only material difference from Art. 5(3)a EUCD is that the latter only limits the rights of reproduction (Art. 2 EUCD) and communication to the public respectively (Art. 3 EUCD), but not the right to distribute copies of works or to translate them. As far as our example is concerned, however, the scope of the exception is the same. Like Art. 5(3)a EUCD, Art. 9(1)h Copyright Act is subject to the three step test (Art. 9(3) Maltese Copyright Act, Art. 5(5) EUCD).