The legal frameworks surrounding the visual arts and crafts sectors are relatively limited but include several important provisions that reflect a commitment to preserving cultural identity and supporting creative professionals. While there is no single, comprehensive law dedicated exclusively to visual arts or crafts, various legislative instruments and policy measures contribute to the regulation and promotion of these fields. These include the following:
The Malta Crafts Act (Cap. 613, 2020) provides the legislative framework for the crafts sector in Malta, including provision for a national Crafts Register and ministerial designation of recognised crafts. The Malta Crafts Foundation, established in 2021 under the framework of Cap. 613, is a public entity under the Ministry for the Economy dedicated to the preservation, promotion and sustainability of Maltese artisanal products and skills, including training, certification and marketing support for artisans. While the Foundation sits within the economy portfolio, crafts also fall under the broader cultural policy framework: the Cultural Heritage Act (Cap. 445) covers intangible cultural heritage, which includes traditional crafts, and Arts Council Malta’s funding schemes and development programmes are open to craftspeople as part of the wider cultural and creative sectors. Craftspeople operating as self-employed or small businesses are subject to general economic and employment legislation, including the Employment and Industrial Relations Act (Cap. 452), VAT and tax regulations, and health and safety standards.In the visual arts, the Artists’ Resale Rights Regulation, enacted in 2006, introduced key legal protection for artists. This regulation grants the author of a copyrighted work of art the right to receive royalty on any resale of that work, provided it occurs after the first transfer of ownership. This resale right is unalienable and cannot be waived, even in advance, ensuring that artists continue to benefit from the increasing value of their work in the art market.
Regarding the movement of artworks and crafts across borders, Malta adheres to EU regulations on the export and import of cultural goods. These rules are designed to prevent the illicit trafficking of cultural property and to ensure that significant works of art and heritage items are not removed from the country without proper authorisation. Exporting certain artworks or crafts may require a license, particularly if the item is deemed to have historical or cultural significance. Similarly, the importation of artworks is subject to customs and cultural heritage controls, especially if the items originate from outside the EU.
In terms of religious context, while there is no specific legislation restricting the creation or display of visual art or crafts in religious settings, informal norms and ecclesiastical guidelines may influence what is considered appropriate, particularly in churches or sacred spaces. Artworks intended for religious use or display may be subject to approval by church authorities, especially if they are to be installed in heritage-listed or consecrated buildings.
Together, these legal and policy instruments form a meaningful framework that supports the development, protection, and ethical circulation of visual arts and crafts in Malta, while also respecting cultural and religious sensitivities.
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