Limiting copyright in favour of education : a comparative analysis

Abstract

This dissertation examines three exceptions to copyright afforded by Maltese and foreign law in favour of education – the exception permitting acts of reproduction made by publicly accessible libraries, educational establishments, museums or archives, as found under Article 9(1)(d) of the Maltese copyright Act (Chapter 415 of the Laws of Malta); the exception in favour of research or private study, found under Article 9(1)(v) of the Maltese Copyright Act; and the exception in favour of teaching or scientific research, found under Article 9(1)(h) of the Maltese Copyright Act. The first chapter of this dissertation primarily describes the general principles of Copyright with particular reference to the rights afforded to Copyright owners and users. Reference is made to International and European Law, particularly the relative provisions dealing with Copyright exceptions. Chapter 2 examines the copyright exception found under Article 9(1)(d) of the Maltese copyright Act. Similarly, Chapter 3 revolves around the exception found under Article 9(1)(v), whilst Chapter 4 deals with the exception found under Article 9(1)(h). Each chapter gives a comparative analysis of the different provisions of different jurisdictions dealing with this limitation. This dissertation focuses on the legislative measures enacted in Malta, France, Germany, Italy, Netherlands, United Kingdom, United States and Australia, with reference to case-law and the fundamental principles that emerge therefrom. The Conclusion then proceeds to highlight the main differences between the laws of each jurisdiction and discusses possible changes for improving the situation under Maltese Law, in order to further secure a balance between the interests of the copyright owners and the end users.