Trans Maldivian Airways Found Liable for Copyright Infringement

In a significant development for Maldivian copyright law, the Civil Court of the Maldives has found Trans Maldivian Airways (TMA) liable for copyright infringement. The case was brought by our client, Mohamed Farhan, who alleged violations of both his economic and moral rights in respect of his original artistic work.

Background of the Case

The dispute arose from TMA’s use of a graphic design created by Farhan during a recruitment process. As part of his application for a Creative Designer position, Farhan was assigned a skills assessment task to design an Eid greeting card. Although TMA ultimately decided not to offer him employment, the airline went on to use his design on its social media platforms without obtaining a licence.

Court’s Decision

After reviewing the evidence, including comparisons of Farhan’s original work and the version used by TMA, the court ruled that the airline had infringed upon Farhan’s copyright. The court found that TMA’s unauthorised use amounted to a violation of both:

• Economic Rights, through the reproduction and communication of the work to the public without authorisation.
• Moral Rights, in particular the right of attribution, because the work was published without crediting Farhan as the author.

The court ordered TMA to pay MVR 40,000 in damages to Mohamed Farhan.

Legal Implications

This ruling highlights the viability of civil enforcement of copyright law in the Maldives and affirms judicial recognition of both economic and moral rights of authors. It signals that courts are willing to hold corporate entities accountable for unauthorised use of protected works, even where the copyright infringement arises from internal recruitment or promotional processes.

For businesses, particularly those operating in highly visible sectors such as aviation, the judgment underscores the importance of obtaining appropriate licences before using creative content. Failure to do so may result in legal liability, financial consequences, and reputational harm.

For content creators, it reinforces the importance of taking steps to protect their intellectual property and confirms the availability of legal remedies when those rights are infringed.

The claimant was represented by the Law Office of Shaffan Mohamed.

Judgment: 701-CVC-2022

If you are a content creator seeking to protect your IP, or a business looking to ensure your marketing practices are legally compliant, our team is here to help. Contact our legal practice today for a consultation.