In Malta, copyright law is governed by both national legislation and EU directives, which are harmonized to protect the rights of creators — including photographers, videographers, and content creators. The key law is the:
Copyright Act (Chapter 415 of the Laws of Malta)
Supported by EU directives including the Copyright in the Digital Single Market Directive (2019/790/EU).
Key Principles of Copyright for Photographers & Creators in Malta
1. Copyright Is Automatic
- You do not need to register your work.
- As soon as you take a photo or create original content (e.g., videos, illustrations), you own the copyright.
2. The Creator Is the Copyright Holder
- The photographer or creator is automatically the first owner of the copyright.
- Exceptions:
- If you’re an employee, the employer may own copyright unless otherwise agreed.
- If you assign rights in writing to a client or publisher, they become the owner.
✔️ This is why contracts are critical. Without one, you retain full rights — even if the client paid you.
3. What Copyright Covers
Photographic works are protected if they are:
- Original (show personal creative input)
- Fixed in a tangible form (e.g., digital file, print)
Copyright grants exclusive rights to:
- Reproduce the work (e.g., print, digital copy)
- Distribute or sell it
- Display it publicly (e.g., online, gallery)
- License or assign use
4. Duration of Copyright
- Copyright lasts for 70 years after the creator’s death
- After that, the work enters the public domain
5. Moral Rights
Even if you sell or license your work, you still retain:
- The right to be credited as the author
- The right to object to modification or misuse that damages your reputation
6. Client Use and Licensing
- Clients do not own the photo unless you assign the copyright in writing.
- You may grant them a license (personal use, commercial, exclusive, etc.)
- You can limit:
- Where they use the image (e.g., social media only)
- For how long
- Whether they can edit or resell it
7. Infringement and Enforcement
- If someone uses your photo without permission (e.g., screenshot, repost, crop, use in ads), it’s a copyright violation.
- You can:
- Send a take-down notice or cease-and-desist letter
- Claim damages in court (civil action)
- Report online infringement (e.g., via social platforms or Google)
8. EU Digital Copyright Rules (DSM Directive)
As part of the EU, Malta follows recent updates such as:
- Platform liability: Sites like Facebook or YouTube must prevent unauthorized use of your work.
- Fair compensation: Content platforms must compensate creators for commercial use.
| Scenario | Copyright Outcome |
|---|---|
| You shoot a wedding | You own the photos unless you assign rights |
| A client uses images in an ad without permission | You can demand licensing fees or remove them |
| You license images for social media only | Client can’t use them in a print ad or billboard |
| You share images on Instagram | Still your copyright – unless you agree otherwise in the platform’s terms |
| A venue or vendor reposts your image | They must credit you and have permission (unless covered by a release/contract) |