A comparative study of some limitations on the exclusive rights of the copyright holder in European Union and Maltese law

Abstract

The subject of this thesis is concerned with that branch of intellectual property dealing with the law of copyright, more specifically with the exceptions and limitations to the exclusive rights of the copyright holder with particular emphasis on obtaining Maltese and European Union legislation in this field. On a general note, one observes that the reasons for copyright are many but can be summarised in a set of cumulative and yet interdependent essential principles. Most notably, these principles basically relate to the right of the creator or author of a work to enjoy exclusivity over the dissemination to the public at large of the same work and over the integrity of his work. As a corollary to this fundamental rule, the author will be entitled to a just reward when his work is exploited in any manner whatsoever. A third principle in copyright deals with the social requirements associated with copyright which concern the distribution or the making available of a work to other persons or entities so that the work is used according to the intended purpose for which it was created in the first place. The right of third parties to have 'access' to and make 'use' of a work protected by copyright without any need of obtaining the copyright owner's consent and, in most instances, without the need of compensating the same, is another :fundamental principle in copyright which, in recent years, has experienced extensive modifications in the manner it is made to restrict the copyright owner's exclusive rights.