Eurovision DSM contest
The provisions of the DSM directive were transposed into Maltese law by way of an implementation decree issued by the Minister for the Economy and Industry on the 18th of June 2021.
Malta's transposition of the Directive was mainly taken up by the National Book Council, who took it upon themselves to carry out the bulk of the work preparing the draft implementation decree. In 2020, the Ministry responsible for Industrial Property organized a public pre-draft consultation, which was mainly based on written submissions and replies to pre-set questions with a possibility to put forward any other suggestions. There are also reports of stakeholder meetings with educational establishments. No further opportunities have been provided to stakeholders to take part in the process.
The Maltese implementation of Article 17 simply restates the text of the Directive. As such, it does not contain any ex-ante safeguards for users rights or additional transparency provisions. It also does not narrow down the definition of platforms affected by these rules.
The Maltese implementation decree transposes Article 14 into national law. The use of works in digital and cross-border teaching activities exception is subject to remuneration and can be overridden via licenses. The scope of the new press publishers right is defined in line with the provisions of the Directive.
As part of the provisions enabling the use of Out of Commerce works by cultural heritage institutions the Maltese implementation decree requires collective management organisations to obtain a certification that they are sufficiently representative for one or more types of works. This mechanism provides a much needed clarity for cultural heritage institutions to understand if the licensing mechanism applies or if they can make use of the fall-back exception.
The provisions of the DSM directive were transposed into the Maltese law by way of an implementation decree issued by the Minister for the Economy and Industry on the 18th of June 2021. There was no substantive discussion and no vote on the Maltese implementation in parliament.
The drafting of Malta's transposition of the DSM Directive was mainly taken up by the National Book Council who took it upon themselves to carry out the bulk of the work preparing the draft implementation decree. In 2020, the Ministry responsible for Industrial Property ran a public pre-draft consultation which was followed up by the publication of the implementation decree in June 2021.
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