New Bill to enhance Copyright Act

The House of Representatives on Wednesday started debating in second reading a Bill amending the Copyright Act, bringing it into line with the obligations emanating from the 1996 World Intellectual Property Organisation (WIPO) Copyright treaty and the WIPO Performances and Phonograms treaty.

Introducing the Bill, Parliamentary Secretary Jason Azzopardi said artistes and performers had to be protected from piracy taking place in information society. Piracy was hindering the performance of creative activity to the public because performers had to work at a profit and cover production expenses.

The WIPO treaties provided incentives to individuals and producing companies promoting creative activities in the digital era. The Bill also gave better definition of copyright protection in the digital era. He referred to the internet and said that it was important to adhere to and implement these two treaties. Malta's legislation was similar to the treaties. The amendments made the terminology used in the treaties clearer.

José Herrera (PL) said the opposition was in favour of the Bill. Similar legislation abroad established a period of time during which author's rights continued to be guaranteed. Globalisation had made it necessary for the author to be protected on a global level.

Maltese legislation should also establish such a period.

Both the EU and the World Trade Organisation impose obligations on member states and, therefore, Malta should honour its obligations.

Dr Herrera said Parliament should legislate to regulate parallel trading to protect bona fede Maltese businessmen and importers' interests.

He said that there were a number of copyright cases before the courts.

These were taking too long and sometimes wasting the courts' time.

Dr Herrera referred to a plurality of cases where government issued a form so that in certain cases, there could be administrative arrangements and those not in conformity with the law would be subject to pay the penalty. He said that the same system should apply in copyright cases. Such procedure would reduce some of the burden and would save the courts' time.

Edwin Vassallo (PL) said the Bill regulated the market and created a much-needed balance.

The amendments strengthened the legislation and built a legal framework to protect the author's rights. There existed what he called a "civil war" in the local market among three main parties: those who wanted to gain by selling the original, those who collected money on behalf of authors (like the Performing Rights Society) and those who wanted to become rich through the use of electronic systems.

Mr Vassallo remained in possession.