Is there a need for a tailor-made copyright enforcement regime for music artists in Malta?

Abstract

This study attempts to look at and give a brief overview of the main applicable legislation in Malta with respect to copyright of music, and the protections and remedies available to musical artists within the Maltese music industry. Namely, the applicable framework is the Copyright Act, Chapter 415 of the Laws of Malta, and its subsidiary legislation which has also transposed European Directives. The analysis then goes on to highlight some ambiguities and conflicts one is faced with when interpreting the copyright legislative framework. As a result of these areas which tend to weaken the copyright enforcement regime in regard to music and musical works, it is suggested that the law requires clarification, even if such clarifications are mere guidelines. Additionally, in order to provide a more accurate and realistic answer to the research question, the study also looks at Maltese musical artists’ knowledge and awareness of copyright laws and the difficulties they face with regard to copyright infringement. In order to achieve this, musical artists participated by answering a questionnaire. It results that musical artists within the Maltese music industry significantly lack awareness about their rights, protections, and remedies available at law. Apart from this, a number of artists expressed their frustration with regards to the lack of enforcement. Consequently, it is concluded that the copyright enforcement regime requires amendment in certain areas. Furthermore, improvements of certain authorities with respect to copyright enforcement such as the Copyright Board are suggested, as one of the common challenges musical artists face is the impractical cost to protect their musical works. Having said this, it is also acknowledged in this case that the first step to a stronger copyright enforcement regime in Malta is musical artists’ awareness of their protections and remedies at law.