Malta’s Film Industry
Over the past decade, Malta has experienced a significant surge in film productions. During the national conference organized by the Malta Film Commission in June of this year, it was reported that the film industry has brought 169 productions in Malta in only 7 years, with a total budget of €635 million. These figures demonstrate how the film industry in Malta has thrived and plays a role across various industries. However, Intellectual Property (IP) rights, in return, play a key role in helping producers secure the funding needed to launch film projects.
Copyright in Film
Article 3(1) of the Copyright Act provides copyright protection for artistic creations such as literary, musical, and audiovisual works. In the film industry, copyright is the most significant form of IP protection, as it ensures that creative works cannot be used without the creator’s consent. For instance, producers, who play a central role in initiating film projects, are typically involved in negotiating various IP-related agreements. These agreements cover how contributions from different individuals involved in the production are managed and protected.
Eligible works are automatically protected by copyright without the need for registration. This means that as soon as they are created, elements such as artistic screenplays, cinematographic works, soundtracks, film scripts, and broadcasting scripts are legally recognized as copyrighted under Maltese law. A clear example of the effects of copyright law in film is demonstrated by one of the oldest legal battles between Bram Stoker’s ‘Dracula’ and the original ‘Nosferatu’. Despite the changes made to several key elements of the story in Nosferatu, the parallels between the two movies were undeniable and resulted in courts ordering all copies of the 1922 film to be destroyed.
The Implications of Fair Use in Film Productions
Fair use is a legal principle that permits the limited use of copyrighted material without needing permission from the rights holder. In the context of film production, it can be an important resource for filmmakers, allowing them to include existing works for purposes like criticism, commentary, or parody.
When relying on fair use, filmmakers must carefully evaluate several key factors, such as the purpose of the use, the nature of the original work, the amount of content used, and the potential impact on the original work’s market value. Nonetheless, fair use is not a guaranteed defense and can be open to interpretation. Misjudging its application may lead to legal challenges that could disrupt or even stop a production. As such, a solid understanding of intellectual property issues is crucial to ensure compliance and avoid infringing on others’ rights. Perhaps the most appropriate example of fair use is the making of documentaries or biographies, which have become more popular in recent years particularly with streaming platforms such as Netflix. For example, a 41 second clip of a boxing match in a movie biography of Muhammad Ali was deemed fair use, given the limited portion use and its informational nature.
Most fair use cases in feature films have, however, focused on the minimal use of copyright works, such as a famous line from the novelist William Faulkner paraphrased in the Oscar winning film ‘Midnight in Paris’. The courts lean towards considering the minimal impact such minor use of copyright works has on the copyright holder. In essence, fair use is about striking a balance between fostering creative freedom and respecting intellectual property rights. For filmmakers, understanding how this doctrine applies is essential to navigating the legal landscape of film production responsibly.
Rights of Authors and Producers
In film productions, authors and producers hold specific rights that ensure their original works are recognised and protected. These rights are rooted in intellectual property laws, which clearly define the roles and entitlements of the various contributors involved in the creative process. A solid understanding of these rights is essential for effectively managing IP issues throughout a film's development and distribution.
Under Maltese law, copyright grants both moral and economic rights to creators. Moral rights give authors the right to be recognised as the creator of their work, including the right to have their name clearly attributed, and to object to any derogatory treatment of their work, such as distortion, mutilation, or modification, which could harm their honour or reputation.
Economic rights relate to the commercial use of work. These include the rights to permit or restrict reproduction, distribution, broadcasting, public performance, and other forms of exploitation.
Trademark Protection for Production Companies
Trademarks in Malta are governed by the Trademarks Act, providing production companies with several important legal benefits such as nationwide priority over others who may attempt to use the same or a similar mark, reduced enforcement costs, and stronger protection. Trademark protection in film can be extended to:
Like other businesses, production studios use trademarks to distinguish themselves, with iconic logos like those of 20th Century Fox and Disney serving as prime examples. Trademarks play a vital role in the branding and commercial success of film franchises. Elements such as character names, film titles, signature phrases, and logos can all be protected under trademark law as in the case of Star Wars, Harry Potter, and James Bond (007). Registering these marks grants exclusive rights that are essential for activities like merchandising, licensing deals, theme park attractions, and video games. To protect their intellectual property globally, studios often register trademarks in multiple jurisdictions to prevent unauthorized use in international markets.
Film production companies looking to produce a film or TV series in Malta have the option to register their brand as a Maltese trademark. Notably, actual use or an intent to use the trademark is not required at the time of registration. However, once registered, the trademark owner has a five-year grace period to begin genuine use of the mark in Malta, for example through the production of films in Malta.
How we can help
Our intellectual property and media expertise allow us to offer comprehensive guidance to film companies on effectively managing their intellectual property (IP) assets throughout all stages of production and distribution. We assist clients in identifying which elements of their productions—such as scripts, characters, logos, soundtracks, and promotional materials—qualify for IP protection and how best to secure and enforce those rights both locally and internationally. In addition to strategic advice, we provide support in drafting, reviewing, and negotiating a wide range of contracts and licenses.
