MaltaCopyright Act Article 9, Press and Current-Events Reporting Exception
Copyright Act (Cap. 415), Art. 9(1)
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may, as the press, reproduce, translate, distribute or communicate to the public published articles on current economic, political or religious topics, or broadcast works of the same character, unless that use is expressly reserved and provided you indicate the source, including the author's name (Art. 9(1)).
- You may quote, for purposes such as criticism or review, from a work already lawfully made available to the public, if you indicate the source and the author's name, the use accords with fair practice, and it goes no further than the specific purpose requires.
- You may use works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose, if you indicate the source, including the author's name, unless that is impossible (Art. 9(1)).
These lines are LexLint's reading of the law's text. Also read by: Case C-516/17 Spiegel Online GmbH v Volker Beck, judgment of (Grand Chamber) (recorded ).
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0516
- Case citation
- Case C-516/17 Spiegel Online GmbH v Volker Beck, judgment of (Grand Chamber)
- Open questions
- Does a machine-readable opt-out, or a clause in terms of use, amount to use that is 'expressly reserved' under Article 9(1)(j) of the Copyright Act?
- Is an automated aggregation service 'the press' when it reproduces published articles under Article 9(1)(j) of the Copyright Act?
What this law does
Article 9(1) of the Copyright Act lists the acts that copyright in an audiovisual work, database, literary work other than a computer programme, musical work, or artistic work does not extend to.
Among them, reproduction, translation, distribution, or communication to the public by the press of published articles on current economic, political, or religious topics, or of broadcast works or subject matter of the same character, is excepted from copyright control where such use is not expressly reserved and the source, including the author's name, is indicated.
The same item also excepts the use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose, as long as the source, including the author's name, is indicated unless that is impossible.
A separate item in the same list excepts reproduction, translation, distribution, or communication to the public of quotations for purposes such as criticism or review, of a work already lawfully made available to the public, where the source and author's name are indicated and the use accords with fair practice, to the extent required by the specific purpose. Article 9 was substituted by Act IX of 2003 and last amended by Act IX of 2009.
Section 4 of Act IX of 2009 amended paragraph (c) of Article 9(1), correcting one word of the English text and deleting a cross-reference to article 42(3) and (4). Section 95 of Act IX of 2003, which made the substitution, falls in Part XVIII of that Act. Parts XVIII to XX of that Act came into force on .
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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