Copyright & IP

Copyright protection is the vastest form of intellectual property protection, one which is protected from the date of its first expression, requiring no registration formalities for validity and which lasts for a specific period of time determined by the law governing it. The fluid nature of copyright can be a delicate issue with its own advantages and disadvantages particularly those stemming from a lack of awareness surrounding the implications.

Although copyright initially vests in its author/s or creator/s, its ownership can be transferred to third parties just like moveable property and any rights linked with such copyright would vest in the new owner in accordance with the agreement between the original owner and the new owner.

In Malta, Copyright is regulated by Chapter 415 – The Copyright Act. Copyright can protect expressions in the form of literary and artistic works but not the ideas themselves. The originality, expression and fixation of an idea is of utmost importance. Copyright also includes the protection of computer programs and preparatory work associated with it as a literary work, as well as database rights and a sui generis database right which is often a very important asset to protect for our commercial clients. The database right granted through the Copyright Act is also a flexible concept which can further protect a wide range of works expressed by creative professionals.

The Copyright Act lists rights linked with ownership of copyright, including the authorisation of the reproduction of the work and its redistribution. The owner of a particular copyright may provide a licence to third parties to make use of his work. Such licence is similar to a lease from which he would obtain royalties. The licensees would enjoy a set of limited rights listed in the Copyright Act for a limited period of time.

In 2021, Malta transposed into its laws the EU Directive 2019/790 on copyright and related rights in the Digital Single Market. The aim of this directive was to harmonise copyright rules across the EU, creating a framework which addresses modern issues created by the online world and which impacts internet users, online services and all entities which are affected by online content.

Through this directive, licensing practice issues have been addressed and it aims to allow wider access to content. Rules have been introduced allowing copyright holders to be remunerated for online exploitation of their content by user-uploaded content platforms. The directive also offers wider opportunities to use copyright-protected material for education, research and preservations of cultural heritage, and permitting digital and cross-border uses.

The majority of disputes involving copyright arise due to the uncertain nature of the date on which a work is created. This arises since there is no formal requirement to register a work in order to obtain copyright protection. As a result, creators would need to introduce a system how to record a particular date on which a work is created. There is no singular correct procedure for such recording and it very much depends on the type of work created. Our firm is capable of assisting and creating a tailor-made process for creators to best protect their work and ensure that they have the necessary proof to obtain copyright protection for their creations.

We can also provide advices and assistance to clients in copyright infringement cases, be it to negotiate with third-parties, reaching out-of-court settlements or in court litigation.

Gonzi & Associates, Advocates are involved in the drafting of various contractual agreements and clauses for creative and IP heavy industries. We also ensure the appropriate intellectual property rights are correctly defined and assigned or licensed.

Examples:

• Software licensing Agreements
• Software development Agreements;
• Transfer of rights and domain-names.

We offer start-ups cost effective consultations and help them establish non-disclosure and confidentiality agreements at the early stage of their joint-venture attempts which will ensure a straightforward and targeted path ensuring the start-up commences operations on the right foot with a precise definition of every party’s duties and benefits. We also assist in their relative registrations and ensure they are compliant with the best practices in the intellectual property industry.

We also assist in smooth transitions between business takeovers ensuring that the relevant goodwill and registered rights are correctly allocated between the parties. We also perform auditing of existing Trademark portfolios which is of utmost importance when concerning complicated holding company setups when it comes to enforceability of trademarks consider that the latter are only deemed enforceable and valid if put to use by their registered owner.