Copyright issues in satellite transmission : the Maltese situation in a comparative perspective

Abstract

"Human Genius is the source of all works of art and invention. These works are the guarantee of a life worthy of men. It is the duty of the State to ensure with diligence the protection of the arts and inventions". (Dr Arpad Bogsch ). Copyright is a legal monopoly, of limited duration and scope, under whose terms authors are permitted to control the exploitations of their work. Consequently, an over-zealous accommodation towards technology must result in a drastic erosion of the author's rights. It is clearly apparent that a balance must be struck between conflicting interests; those of the creator of a work and the entrepreneur engaged in financially exploiting a work. Satellite and cable represent an increased ability to transmit information on an international scale. Generally speaking, most authors would seek to encourage the dissemination of information as this would inevitably enlarge the author's reputation. However, there is little to be grateful for if there is inadequate financial recompense. How much confidence are we given by existing legislation that author's rights will not be arbitrarily whittled away? How far will international and national copyright laws help the author?

In the five chapters that follow, I have attempted to discuss these questions, both on a national and international dimension, and I have also tried to find a possible answer to them. What is evident is that the interaction of broadcasting with satellite and cable transmission means that purely domestic control will be insufficient. Only international solutions will suffice.