Regulations, 2004

L.N. 197 of 2004

COPYRIGHT ACT

(CAP. 415)

Revival of Copyright and Neighbouring Rights (Protection)

and Exhaustion of Distribution Rights (Extension)

Regulations, 2004

IN exercise of the powers conferred by article 59 (c) and (d) of

the Copyright Act, the Minister for Competitiveness and

Communications has made the following regulations>-

(1) The title of these regulations is the Revival of Citation and

Copyright and Neighbouring Rights (Protection) and Exhaustion of commencement.

Distribution Rights (Extension) Regulations, 2004.

(2)

These regulations come into force on the 1st May,

2004.

In these regulations, unless the context otherwise requires – Interpretation.

“arrangements” means arrangements for the exploitation

of the work in question<

“commencement” means the date on which these

regulations come into force<

“EEA Agreement” means the Agreement on the European

Economic Area signed at Oporto on 2nd May 1992, as adjusted

by the Protocol signed at Brussels on 17th March 1993 and as

subsequently amended<

“EEA state” means a state which is a contracting party to

the EEA Agreement<

“media-related production” means performances,

audiovisual works, recordings and broadcasts that according to

the provisions of the Copyright Act, are protected by Cap. 415.

neighbouring rights<

“revived rights” means any copyright or neighbouring

rights which subsist by virtue of the provisions of the Copyright

Act, after having expired under the provisions of the preceding

Copyright Act, Cap. 196 or any other earlier enactment relating

to copyright or related rights and revived in terms of regulation

3 hereof.

Copyright and neighbouring rights in terms of the

provisions of the Copyright Act, shall revive in works and media-

related productions whose protection under the provisions of the

preceding Copyright Act, Cap. 196 or any other earlier enactment

relating to copyright or related rights had expired before the coming

into force of the Copyright Act, but were on the 1st May, 2004 still

protected in an EEA state under legislation relating to copyright or

related rights.

(1) The person who was the owner of the copyright or

related rights in a work or media-related production immediately

before it expired (hereinafter called “the former rights owner”) is as

from commencement the owner of any revived rights in the work or

media-related production.

(2) Where if the former rights owner has died before

commencement, or, in the case of a legal person, has ceased to exist

before commencement, the revived rights shall vest in his or its

rightful successors

(1) Any waiver or assertion of moral rights which

rights in respect of

subsisted immediately before expiry of copyright or performer’s

rights shall continue to have effect during the period of revived

copyright or performer’s rights, as the case may be.

(2) Moral rights are exercisable after commencement by

the author of a work or by the performer in respect of his

performances, as with any other copyright work or performance.

(3)

Where the author died before commencement -

(a) the rights conferred by article 12 of the Copyright

Act, are exercisable after commencement by the persons

indicated in sub-article (3) thereof, and

(b) the relative infringements after commencement of

these rights are actionable by the persons indicated in article

44 of the Copyright Act.

(4)

Where the performer died before commencement -

(a) the rights conferred by article 23 of the Copyright

Act, are exercisable after commencement by the persons Cap. 415.

indicated in sub-article (2) thereof, and

(b) the relative infringements after commencement of

these rights are actionable by the persons indicated in article Cap. 415.

44 of the Copyright Act.

(1) No act done before commencement shall be regarded Acts of

exploitation when

as infringing revived rights in a work or media-related production. work was in public

domain.

(2) It is not an infringement of revived rights in a work

or media-related production -

(a) to do anything after commencement in pursuance of

arrangements made before the 1st May, 2004 at a time when

copyright or any related right did not subsist in the work or

media-related production, or

(b) to issue to the public after commencement copies or

recordings of the work or media-related production made before

the 1st May, 2004 at a time when copyright or any related right

did not subsist in the work or media-related production.

(3) It is not an infringement of revived rights in a work

or media-related production to do anything after commencement in

relation to a work or a media-related production made before

commencement, or made in pursuance of arrangements made before

commencement, which contains a copy of that work or is an

adaptation of that work or a recording of that media-related

production if -

(a) the copy, recording or adaptation was made before

the 1st May, 2004 at a time when copyright or related rights

did not subsist in the work or media-related production in which

revived rights subsist, or

(b) the copy, recording or adaptation was made in

pursuance of arrangements made before the 1st May, 2004 at a

time when copyright or related rights did not subsist in the work

or media-related production in which revived rights subsist.

(4) It is not an infringement of revived rights in a work

or media-related production to do after commencement anything

which is a restricted act in relation to the work or media-related

production if the act is done at a time when, or is done in pursuance

of arrangements made at a time when, the name and address of a

person entitled to authorise the act cannot by reasonable inquiry be

ascertained.

(5) It is not an infringement of any moral right to do

anything which by virtue of these regulations is not an infringement

of copyright or neighbouring rights.

(1) In the case of a work or media-related production in

which revived rights subsist any act restricted by the copyright or

neighbouring rights shall be treated as licensed or consented to by

the copyright owner or neighbouring rights owner or by the collecting

society as authorized under Article 52 of the Copyright Act, subject

only to the payment of such equitable royalty or other remuneration

as may be agreed individually or through the collecting society or

determined in default of agreement by the Copyright Board at the

request of the copyright owner or neighbouring rights owner or the

collecting society or the person claiming to be treated as licensed by

him or the society or as having his consent.

(2) A person intending to avail himself of the right

conferred by this regulation must give reasonable notice in writing

of his intention to the copyright owner or neighbouring rights owner

or collecting society, stating when he intends to begin to do the acts.

If he fails to give such notice, his acts shall not be deemed as licensed

or as having the owner’s consent.

(1) For the purposes of articles 8 and 20 of the Copyright

Act, “market” shall as from the 1st May, 2004 mean the market

covered by the EEA Agreement.

(2) Further to article 31 of the Copyright Act, the first

sale in an EEA state of a copy of a database by the rightholder or

with his consent shall exhaust the right to control the resale of that

copy.

(3) Further to article 34 of the Copyright Act, when a

topography or a semiconductor product has been put on the market

of an EEA state by the rightholder or with his consent, the exclusive

right to authorize or prevent the commercial exploitation or the

importation of that topography or of that semiconductor product shall

be exhausted.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press