The film industry in Malta is a vibrant sector, bolstered by the country's attractive shooting locations and favourable film production incentives. However, navigating intellectual property (“IP”) issues is crucial for filmmakers, producers, actors and other stakeholders in the film industry to protect their creations and avoid legal pitfalls.
This article seeks to outline certain key IP considerations in the Maltese film industry based on local laws.
Under Maltese Law, copyright protects artistic works, including literary, musical and audiovisual works.
Eligible works are automatically granted copyright protection in terms of the Copyright Act (Chapter 415 of the Laws of Malta), without the need for any registration. This means that upon creation, elements such as artistic screenplays, cinematographic works, soundtracks, film scenarios and broadcasting script, are automatically recognized as protected by copyright in terms of Maltese Law.
Copyright under Maltese Law bestows both moral and economic rights.
Moral rights include the right to claim authorship of the work, including particularly to have the name indicated prominently and also includes the rights to object to derogatory treatment of the work, such as mutilation, modification, distortion or other derogatory treatment that is prejudicial to the honour or reputation of the author.
Economic rights cover commercial rights such as the rights to authorise or prohibit reproduction, distribution, broadcasting, exploitation and public performances.
It should also be noted that the Copyright Act considers “collective works” to be those works which have been created by two or more physical persons at the initiative and under the direction of a physical person or legal entity with the understanding that it will be disclosed by the latter person or entity under his or its own name and that the identity of the contributing physical persons will not be indicated in the work.
Actors as well as singers, musicians, or other artists who deliver, play, act, interpret or otherwise perform in a film are recognized as “performers” under the Copyright Act.
Performers benefit from protection under the Copyright Act through so called “neighbouring rights”. These include the right to authorise or prohibit the doing or otherwise of various acts in relation to the respective performance, including the acts of fixation, distribution and broadcasting.
Trademarks are particularly relevant in film production especially in connection with the use of names, brands, logos, slogans and merchandizing.
Trademark rights under the Maltese Trademarks Act (Chapter 597 of the Laws of Malta) arise in virtue of registration. As an EU Member State, EU registered trademarks also apply in Malta.
Stakeholders may also wish to consider that unregistered trademark rights also exist in Malta in terms of the Commercial Code (Chapter 13 of the Laws of Malta).
It should be noted that Maltese IP Laws, do not specifically recognize rights in a character, or image rights or personality rights per se. Expert advice is typically suggested in this regard.
Contracts are critical in the film industry and IP is ultimately at the core of any film related agreement, including scriptwriting agreements, acting agreements, distribution, broadcasting and merchandising agreements.
Contracts should address IP ownership, rights assignments and waivers, royalties, and dispute resolution mechanisms as applicable. Ensuring these elements are well-defined helps protect the interests of all parties involved in the film production process.
Navigating IP issues in the Maltese film industry requires a robust understanding of local laws and frameworks. Protecting IP assets and proper contractual frameworks are key in securing the industry’s creative and economic interests.
This article was authored by Dr Terence Cassar.
For more information or assistance on the Film industry in Malta, or on Intellectual Property, please contact Dr Terence Cassar and Dr Ian Gauci.