Selected year snapshot
For 1993, the active event in this file is Copyright Act, 1967 (Act XXII of 1967).
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Current rationale
Malta's copyright law in force on 1990-01-01 was the Copyright Act of 1967 (Act XXII of 1967). Despite extensive web searching, the full statutory text of this Act could not be located online. No digitised version was found on the Malta legislation portal (legislation.mt), WIPO Lex, or other official sources. The 1967 Act was repealed and replaced by the Copyright Act 2000 (Act XIII of 2000). Without access to the actual text of the 1967 Act's exceptions and limitations provisions, the status cannot be determined with confidence. AMBIGUOUS is used because the statutory text itself could not be retrieved, not because of analytical uncertainty.
Law changes
Copyright Act, 1967 (Act XXII of 1967)
Baseline · Effective 1990-01-01
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Dates: Effective 1990-01-01
Why this score
Malta's copyright law in force on 1990-01-01 was the Copyright Act of 1967 (Act XXII of 1967). Despite extensive web searching, the full statutory text of this Act could not be located online. No digitised version was found on the Malta legislation portal (legislation.mt), WIPO Lex, or other official sources. The 1967 Act was repealed and replaced by the Copyright Act 2000 (Act XIII of 2000). Without access to the actual text of the 1967 Act's exceptions and limitations provisions, the status cannot be determined with confidence. AMBIGUOUS is used because the statutory text itself could not be retrieved, not because of analytical uncertainty.
Copyright Act (Cap. 415) (Act XIII of 2000)
Relevant update · Effective 2000-08-14
100%
Relevant section: Articles 9, 10, 11
Dates: Effective 2000-08-14 · Enacted 2000-07-14
Why this score
Article 9(1) provides a general fair dealing exception for research or private study that is not restricted to any particular user class (any person may invoke it), covers all types of works, and uses the term 'fair dealing with a work' which covers any exclusive right (not only reproduction). There is no restriction to 'private' or 'personal' use qualifying the research purpose — 'research or private study' are listed as independent purposes. This is a classic fair dealing provision modelled on UK law. Article 10(1) provides a narrower private/domestic use exception (LIGHT BLUE) that explicitly excludes copying a whole or substantial part of a published edition. Article 11 provides a library exception for supplying copies for research (PURPLE). The most permissive exception is Article 9(1), which determines the GREEN classification. Non-commercial restrictions are not present in Art. 9(1). The classification is not affected by the proportionality inherent in 'fair dealing.'
Exceptions considered
Fair dealing with a work for the purposes of research or private study — no infringement. Open to any user, any work, covers 'dealing' (any exclusive right).
Private and domestic copying by an individual, but excludes copying a whole or substantial part of a published edition.
Library/archive may make and supply a copy of an article in a periodical or a reasonable proportion of any other work, for research or private study.
Original text
9. (1) Fair dealing with a work for the purposes of research or private study shall not constitute an infringement of copyright in the work. (2) Fair dealing with a work for the purposes of criticism, review or the reporting of current events shall not constitute an infringement of copyright in the work, provided that it is accompanied by a sufficient acknowledgement. 10. (1) The making of a copy of a work by an individual for his own private and domestic use shall not constitute an infringement of copyright in the work: Provided that this sub-article shall not apply to the making of a copy of a whole or a substantial part of a published edition of a work. 11. (1) A librarian of a prescribed library or a prescribed archive may, without infringing any copyright, make and supply a copy of an article in a periodical publication or, with respect to any other copyright work, of a reasonable proportion of any work, to a person requiring the copy for purposes of research or private study.
Source links
Copyright (Amendment) Act, 2009 (Act IX of 2009)
Relevant update · Effective 2009-07-01
100%
Relevant section: Articles 9, 10, 11
Dates: Effective 2009-07-01 · Enacted 2009-07-01
Why this score
The 2009 Amendment Act (Act IX of 2009) amended the Copyright Act to transpose EU Directive 2001/29/EC (InfoSoc Directive). It revised certain provisions relating to exceptions and limitations, including adding provisions on reproduction by libraries and educational institutions, and refining the scope of existing exceptions. However, the core fair dealing provision in Article 9(1) for research or private study was retained without material change. The most permissive exception remains Art. 9(1) — fair dealing for research or private study, open to any user, any work, covering any exclusive right ('dealing'). Classification remains GREEN.
Exceptions considered
Fair dealing with a work for the purposes of research or private study — no infringement. Open to any user, any work, covers 'dealing' (any exclusive right).
Private and domestic copying by an individual, excludes copying a whole or substantial part of a published edition.
Library/archive copying for research or private study purposes.
Illustration for teaching or scientific research, to the extent justified by the non-commercial purpose, with acknowledgement (added/refined by 2009 amendments transposing InfoSoc Directive Art. 5(3)(a)).
Original text
9. (1) Fair dealing with a work for the purposes of research or private study shall not constitute an infringement of copyright in the work. (2) Fair dealing with a work for the purposes of criticism, review or the reporting of current events shall not constitute an infringement of copyright in the work, provided that it is accompanied by a sufficient acknowledgement.
Source links
Copyright and related rights in the Digital Single Market Regulations, 2021 (Legal Notice 261 of 2021)
Relevant update · Effective 2021-06-18
100%
Relevant section: Regulations 3, 4
Dates: Effective 2021-06-18 · Enacted 2021-06-18
Why this score
Legal Notice 261 of 2021 transposed EU Directive 2019/790 (DSM Directive) into Maltese law, adding specific TDM exceptions. Regulation 3 provides a TDM exception for research organisations and cultural heritage institutions (PURPLE-level for users, but covers reproductions and extractions for scientific research). Regulation 4 provides a general TDM exception for any user (reproductions and extractions), subject to rightsholder opt-out. These TDM provisions cover reproduction but are limited to 'reproductions and extractions' — they do not explicitly cover communication/sharing. However, the pre-existing Art. 9(1) fair dealing exception for research or private study remains in force and is the most permissive exception (GREEN), covering any dealing with any work by any user. The overall classification remains GREEN due to Art. 9(1). The TDM provisions add additional specific rights but do not change the overall color.
Exceptions considered
Fair dealing with a work for the purposes of research or private study — no infringement. Open to any user, any work, covers 'dealing' (any exclusive right).
TDM by research organisations and cultural heritage institutions for scientific research — reproductions and extractions permitted, lawful access required.
General TDM exception for any user — reproductions and extractions of lawfully accessible works, subject to rightsholder opt-out.
Private and domestic copying by an individual, excludes copying a whole or substantial part of a published edition.
Library/archive copying for research or private study purposes.
Original text
3. (1) Reproductions and extractions made by research organisations and cultural heritage institutions in order to carry out, for the purposes of scientific research, text and data mining of works or other subject-matter to which they have lawful access shall not constitute an infringement of copyright. 4. (1) Reproductions and extractions of lawfully accessible works and other subject-matter for the purposes of text and data mining shall not constitute an infringement of copyright. (2) Reproductions and extractions made pursuant to sub-regulation (1) may be retained for as long as is necessary for the purposes of text and data mining. (3) The exception provided for in sub-regulation (1) shall apply on condition that the use of works and other subject-matter referred to in that sub-regulation has not been expressly reserved by their rightholders in an appropriate manner, such as machine-readable means in the case of content made publicly available online.
Source links
Copyright (Amendment) Act, 2023 (Act XXXV of 2023)
Relevant update · Effective 2023-10-17
100%
Relevant section: Articles 9, 10, 11
Dates: Effective 2023-10-17 · Enacted 2023-10-17
Why this score
Act XXXV of 2023 amended the Copyright Act (Cap. 415). Based on the consolidated version dated 17 October 2023 available on legislation.mt, the core fair dealing provision in Article 9(1) for research or private study remains unchanged. The 2023 amendments appear to have addressed other aspects of the Act (potentially related to further DSM Directive transposition or enforcement matters). The most permissive exception for research purposes remains Art. 9(1) — fair dealing for research or private study, open to any user, any work, covering any exclusive right. Classification remains GREEN.
Exceptions considered
Fair dealing with a work for the purposes of research or private study — no infringement. Open to any user, any work, covers 'dealing' (any exclusive right).
Private and domestic copying by an individual, excludes copying a whole or substantial part of a published edition.
Library/archive copying for research or private study purposes.
TDM by research organisations and cultural heritage institutions for scientific research.
General TDM exception for any user — reproductions and extractions, subject to rightsholder opt-out.
Original text
9. (1) Fair dealing with a work for the purposes of research or private study shall not constitute an infringement of copyright in the work.
Source links
Copyright Act (Cap. 415), as amended through Act XXXV of 2023, together with L.N. 261 of 2021
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Art. 9(1) of Cap. 415; Reg. 3 and 4 of L.N. 261/2021
Dates: Effective 2025-01-01
Why this score
As of 2025, Malta's copyright law provides multiple research-relevant exceptions. The most permissive is Article 9(1) of the Copyright Act (Cap. 415): 'Fair dealing with a work for the purposes of research or private study shall not constitute an infringement of copyright in the work.' This is a classic fair dealing provision modelled on UK copyright law. It is open to any user (not restricted to individuals, institutions, or non-commercial use), applies to any type of work, and uses the term 'dealing' which covers any exclusive right — not only reproduction but also communication, distribution, and making available. This satisfies GREEN: reproduction of full works AND sharing/communication are covered, for research purposes, without restricting the beneficiary class. Additionally, L.N. 261/2021 provides specific TDM exceptions (Reg. 3 for research organisations, Reg. 4 for any user subject to opt-out), and Art. 10(1) provides private copying, and Art. 11 provides library copying. None of these are more permissive than Art. 9(1). Classification-neutral factors (non-commercial restrictions, copy limits, remuneration) were not factored into the decision — and indeed Art. 9(1) does not contain such restrictions.
Exceptions considered
Fair dealing with a work for the purposes of research or private study — no infringement. Open to any user, any work, covers 'dealing' (any exclusive right including reproduction and communication).
Private and domestic copying by an individual, excludes copying a whole or substantial part of a published edition.
Library/archive may make and supply a copy of an article in a periodical or a reasonable proportion of any other work, for research or private study.
TDM by research organisations and cultural heritage institutions for scientific research — reproductions and extractions, lawful access required.
General TDM exception for any user — reproductions and extractions of lawfully accessible works, subject to rightsholder opt-out.
Original text
9. (1) Fair dealing with a work for the purposes of research or private study shall not constitute an infringement of copyright in the work.