Manuel Delia’s lawyers are claiming that ownership rights over the controversial play Ix-Xiħa are not vested in playwright Mario Philip Azzopardi who has sued the blogger for leaking the script, thus breaching copyright. 

The script is owned by theatrical company Staġun Teatru Malti, they are insisting.

This issue was raised by Delia’s legal team in their reply to an application whereby Azzopardi instituted proceedings against the blogger and activist for publishing the script from the play inspired by assassinated journalist Daphne Caruana Galizia. 

The play was scheduled to be staged at the Manoel Theatre in April and May but was cancelled following the public outcry triggered by the plot which also  centred upon a character inspired by the slain journalist.

Caruana Galizia’s final words, “the situation is desperate,” were also to feature in the play. 

In March, Delia leaked the script of the theatrical production, describing it as “spiteful, full of hate, prejudice and disturbing incurable visceral violence.”

That leak prompted the playwright to take legal action against Delia whose decision to publish the script sparked “adverse repercussions” both personally as well as with respect to his work, Azzopardi claimed.

Delia’s action constituted “a huge transgression against copyright,” the playwright said. 

But when the first hearing of the lawsuit was called on Monday morning, it emerged that Delia’s lawyers were shedding doubt upon Azzopardi’s copyright claims.

In their written reply filed in court last week, the lawyers argued that the contract attached to Azzopardi’s application showed that ownership of those rights was vested in Staġun Teatru Malti rather than the applicant himself.

The lawyers based their argument in light of the Copyright Act and the Enforcement of Intellectual Property Rights (Regulation) Act. Azzopardi’s action against Delia could falter.

In light of that plea and upon agreement with the parties’ lawyers, the court directed the parties to start off by putting forward evidence limitedly concerning the first plea which would be decided upon by means of a preliminary judgment. 

At the start of the hearing, the First Hall, Civil Court, presided over by Mr Justice Ian Spiteri Bailey, was informed that Delia was currently abroad and could thus not attend the first sitting. 

Azzopardi, on the other hand, was present in court, assisted by lawyer Ezekiel Psaila.

The case continues in November. Lawyers Therese Comodini Cachia, Antonio Ghio and Deo Falzon are assisting Delia.