Cap. 415 ст. 42Infringing acts.

(1) Copyright, neighbouring rights and rights sui generis are infringed by:

(a) any person who does or causes another person to do, without a licence from the owner or holder thereof, an act the doing of which is controlled by copyright, neighbouring rights or rights; sui generis

(b) any person who, without the licence of the copyright owner or right holder, imports into Malta otherwise than for private and domestic use, or distributes therein by way of trade, hire or otherwise, or by way of trade exhibits in public or is in possesssion or manufactures in the course of business or offers or exposes for sale or hire an article in respect of which copyright, neighbouring rights or sui generis rights are infringed under the preceding paragraph;

(c) any person who, without the licence of the copyright owner or rightholder does anything which circumvents any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective;

(d) any person who, without the licence of the copyright owner or rightholder maufactures, imports, distributes, sells, rents, advertises for sale or rental, or possesses for commercial puposes, devices, products or components which:

(i) are for the purpose of circumvention of, or

(ii) have only a limited commerically significant purpose or use other than to circumvent, or

(iii) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of, any effective technological measures;

(e) any person who, without the licence of the copyright owner or rightholder provides, promotes, advertises or markets a service which serves for the purpose of circumvention of any effective technological measures;

(f) any person who, without the licence of the copyright owner or right holder, knowingly performs any of the following acts:

(i) the removal or alteration of any electronic rights-management information;

(ii) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject-matter protected under this Act from which electronic rights-management information has been removed or altered without authority, if such person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or any neighbouring right, or of the sui rights as provided by this Act: generis Provided that any of these items of electronic rights-management information:

(i) is associated with a copy of a copyright work under the terms of this Act, or

(ii) appears in connection with the communication to the public of a copyright work under the terms of this Act, or

(iii) is covered by a right under the terms sui generis of this Act.

(2) (a) Notwithstanding the provisions of subarticle (1)(c), (d) and (e), where the application of any effective technological measure to a copyright work prevents any beneficiary of an exception provided for in article 9(1)(b), (c), (d), (e), (f), (i), (l) or (h) from benefiting from that exception, the rightholder shall make available to the beneficiary the means of benefiting from that exception, to the extent necessary to benefit from that exception or limitation:

Provided that the beneficiary shall have legal access to the protected work or subject-matter concerned: Provided further that there is no voluntary measure taken by the rightholder or exclusive licencee or agreement between the rightholder and the other party concerned, the purpose of which is to enable the beneficiary (or persons of a class to which the beneficiary belongs) to benefit from the exceptions specified in the above paragraph.

(b) The provisions of subarticle (2)(a) do not apply to copyright works made available to the public on agreed contractual terms in such a way that members of the public may access them from a place and at a time individually chosen by them.