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S.L. 460.36 · Permitted Use Of Certain Works And Other (S.L. 460.36)

S.L. 460.36 Art. 7Compensation. 5

En vigueurTexte officiel

(1) The Minister may provide for the establishment of a compensation scheme following a request from the Minister responsible for the National Book Council, if it results that local copyright holders are suffering any harm as a result of accessible format copies being made:

Provided that such compensation scheme would apply only in respect of uses by authorised entities established in Malta.

(2) When determining whether to establish such a scheme and the level of compensation, due account is be taken of the non-profit nature of the activities of authorised entities, of the public interest objectives pursued by this Order, of the interests of beneficiaries of the exception, of the possible harm to right-holders and of the need to RELATED RIGHTS FOR THE BENEFIT OF PERSONS WHO ARE BLIND, VISUALLY IMPAIRED OR OTHERWISE

ensure cross-border dissemination of accessible format copies.

(3) Account is also taken of the particular circumstances of each case, resulting from the making of a particular accessible format copy.

(4) In any case where the harm to a right-holder is minimal, no obligation for payment of compensation shall arise.