S.L. 415.8 Art. 6Use of works and other subject matter in digital and cross-border teaching activities.

(1) Copyright in an audiovisual work, a database, a literary work, a musical or artistic work and the right sui generis accorded to the maker of a database as well as the press publishers’

right provided in regulation 15(1), shall not include the right to authorise or prohibit the digital use of works and other subject matter for the sole purpose of illustration for teaching, to the extent justified by the non-commercial purpose to be achieved, on condition that such use:

(a) takes place under the responsibility of an educational establishment, on its premises or at other venues, or through a secure electronic environment accessible only by the educational establishment’s pupils or students and teaching staff; and DIGITAL SINGLE MARKET

(b) is accompanied by the indication of the source, including the author’s name, unless this turns out to be impossible:

Provided that the rightholders shall be entitled to fair compensation for the use of their works or other subject-matter in compliance with sub-regulation (1).

Provided further that with regards to works or other subject-matter which are intended primarily for the educational market, the educational establishment shall obtain the appropriate licences, if these are available.

(2) The digital use referred to in sub-regulation (1) shall be understood to cover the specific accessibility needs of persons with a disability in the context of illustration for teaching.

(3) The use of works and other subject matter for the sole purpose of illustration for teaching through secure electronic environments undertaken in compliance with regulation 6(1) under the responsibility of an education establishment established in Malta shall be deemed to occur solely in Malta.