Lack of copyright enforcement is blamed for ‘Maltese publishers… closing up shop in alarming numbers’. How could that be allowed to happen?

Andy Ellul, Lawyer 

A few years ago Maltese authors finally welcomed remunerative rights each time their books were borrowed from a public library, with the island finally being brought in line with relevant European Union legislation albeit much later than other European countries.

This developement has provoked a debate about how Malta should build a system through which its authors and publishers are duly compensated for the use of their work through dissemination in schools and other educational institutions. The final aim would be a licensing set-up and a proper enforcement mechanism within the educational system.

Most argue that the European Union requires copyright regulation to fit the modern ages where screens have replaced pages and clouds have replaced shelves and reading couches. The European Commission has indeed moved to present legislative proposals aimed at increasing benefits of the digital world to consumers and creators alike.

The question remains: does this intervention address the local predicament?

It is now time to take ‘innovation’ to the nextlevel with compensatory rights being extended to the other facets of educational uses

The reviewed European Union rules, to be discussed by the European Parliament and Council in early 2017, consist essentially of a regulation and directive on copyright in the Digital Single Market. It also contains proposals aimed at the implementation of the Marrakesh Treaty. Among its objectives are the augmented opportunities for the use of copyrighted materials in education as well as the modernisation of the European Union rules applicable to limitations in the areas of teaching, with a particular focus on digital and cross-border uses. The directive in fact proposes mandatory limitations relating, among others, to teaching activities. The rules aim to ensure better balance between copyright and relevant public policy objectives like education.

By way of example, a new limitation on illustration for teaching aims to provide full legal certainty for the use of protected content in digitally-supported and online teaching activities. As a result of this legislation teachers and students should be able to take full advantage of digital technologies at all levels of education.

In the UK, photocopying, scanning and digital copying is also regulated by the Copyright Licensing Agency (CLA) which licenses reproduction rights offering a number of licensing options for educational institutions among others. This ensures that content creators are appropriately remunerated when their works are copied, scanned or otherwise utilised in schools.

Other countries such as Germany would allow reproduction and distribution where limited parts of works are incorporated after their publication in a collection, which gathers the works of a number of authors and would be intended, exclusively for use in educational institutions.

How should the local scenario keep pace?

I believe it is now time to take ‘innovation’ to the next level with compensatory rights being extended to the other facets of educational uses. With discussion under way as early as the beginning of next year, Malta should soon enough be in a position to assess the impact of the new European Union legislative intervention and, hopefully at the same time, attempt to fill in any remaining crevices in a system which has till now fallen short of the balance between rights of the content creator and public policy.

Joe Mizzi, Publisher 

We are on the eve of celebrating Valletta as a European capital of culture. On the cultural front, especially historical, Malta has a lot to offer. One of the main platforms to disseminate our heritage is through books. However, local publishing is threatened by a number of factors, not least of which is the flagrant and widespread breach of copyright in our country.

The lack of copyright enforcement was always an issue. Though most of the publishers in Malta abide by the rules, there unfortunately is a widespread lack of adherence to copyright rules. Schools still produce and sell hand-outs with material photocopied from published works, and published material is being scanned and used electronically in the classroom and other e-platforms. For years, photocopy shops, flanking the university access street, made a fortune photocopying books, sometimes even acting on instructions from lecturers.

In the best of Maltese traditions, we turned a blind eye, saying ‘sakemm ir-rota ddur’, unaware that by doing so, we were spoking the wheel, that same wheel which is now clogging. Many may welcome the recent discussion in the European Parliament on the new Copyright Directive but, as has often been the case within EU borders, what’s good for one country may be detrimental to another, unless proper legislation is put into place and enforced.

Paradoxically, society is reading more text, but fewer books

Another factor that is leading publishers to a precarious situation is the closure of bookshops. Bookshops are an important component in the book trade. In Valletta alone, I have witnessed the demise of Bugelli and Johnson’s in Sta Luċija Street, Hertie in St Zachary Street, Floridia in St John’s Street, Agius & Agius in South Street, and Aquilina in Republic Street. None of these stores were replaced by other bookshops, but instead they have become food and fashion outlets. Others have simply decided to partially or completely change their shelf disposition, catering for the supply of demands other than books.

The issue of language is also important. While the reading of books in general is dropping, reading Maltese is even worse. Our bilingualism, though admittedly a blessing, is affecting our book market negatively. Continental European book markets do not face the challenge we do with English and American imports with, for example, the market in Italy and France being cornered by books in their respective languages. Notwithstanding efforts by Maltese authors and publishers alike, there is still great difficulty in penetrating a market saturated with such full-price and bargain imports, which lead to comparisons based solely on the cheapest options available.

Another preoccupation is the unfair competition we face from institutions, State and others, who constantly publish books for education and charitable reasons, not to mention the absurdity of public entities, such as local councils, investing thousands in library infrastructures, while expecting them to be populated by books donated for free.

The smart phone as well has left an indelible mark on consumer trends and purchasing power. Nowadays we do not have to wait to read the news. We do not need to read a book to while away time. Social media has taken the place of leisure reading, with consumers prioritising on whether to use their money to finance their mobile, or to purchase a book. Paradoxically, society is reading more text, but fewer books.

There is only hope if authorities and institutions support the Maltese book industry. Publishers are doing their utmost in saving ‘our’ book. We continue to publish ‘good’ titles and albeit no blockbusting sales are possible, we have maintained popularity with a discerning segment of society, and with a large number of visitors to our shores. As publishers, we now turn to the legislator to implement and enforce the mechanism that will help our industry survive, and indeed, flourish.

If you would like to put any questions to the two parties in Parliament send an e-mail marked clearly Question Time to editor@timesofmalta.com.