Malta has implemented the Use for advertising the exhibition or sale of works of art (Art. 5.3(j) InfoSoc) exception in Article 9(1)q of Chapter 415 of the Laws of Malta. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the reproduction, distribution or communication to the public of a work for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event, excluding any other commercial use.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • advertising the public exhibition or sale of artistic works

Usage:

  • reproduction
  • translation
  • distribution
  • communication to the public

Subject Matter:

  • works
  • databases
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • use is limited to the extent necessary to promote the event, excluding any other commercial use

Introduced/last updated: 01 January 1970

Remarks: The exception applies mutatis mutandis to neighbouring rights under art. 21 of Cap.415.