Lithuania

Law No. VIII-1185 of May 18, 1999, on Copyright and Related Rights (as amended up to Law No. XII-1183 of October 7, 2014)

REPUBLIC OF LITHUANIA

LAW

ON COPYRIGHT AND RELATED RIGHTS

18 May 1999 No VIII-1185

Vilnius

(Last amended on 7 October 2014 – No XII-1183)

CHAPTER I

GENERAL PROVISIONS

Article 1. General Provisions

1. This law shall regulate:

1) copyright in literary, scientific and artistic works (copyright);

2) the rights of performers, producers of phonograms, broadcasting organisations and

producers of the first fixation of an audiovisual work (film) (related rights);

3) the rights of makers of databases (sui generis rights);

4) exercise, collective administration and enforcement of copyright and related rights, as well

as the exercise and enforcement of sui generis rights.

2. The provisions of this Law are harmonised with the legal acts of the European Union

specified in the annex of this Law.

Article 2. Main Definitions of this Law

1. “Reproduction” means direct or indirect, temporary or permanent making by any means

and in any form, including an electronic form, of a copy (copies) of a work, an object of related

rights or sui generis rights (in whole or in part).

2. “Performer” means an actor, singer, musician, dancer or another person who plays in,

sings, reads, recites, or otherwise performs literary, artistic, folkloric works or circus acts. For the

purpose of this Law a “performer” shall also include a leader and conductor of an orchestra,

ensemble or choir.

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3. “Producer of an audiovisual work” means a natural or legal person on the initiative and

responsibility of which an audiovisual work is being made.

4. “Audiovisual work” means a cinematographic work or any other work created by means

of cinematography, consisting of a series of related images which impart an impression of motion,

whether or not accompanied by sound, and recorded (fixed) in an audiovisual recording medium.

5. “Owner of copyright” means an author, another natural or legal person, possessing the

author’s exclusive economic rights in the cases provided for in this Law, as well as a natural or legal

person to whom the author’s exclusive economic rights have been transferred (successor in title).

6. “Quotation” means a relatively short passage cited from another work to demonstrate or

to make more intelligible author’s own statements, or to refer to the views or thoughts of another

author in authentic wording.

7. “Database” means a compilation of works, data or any other material arranged in a

systematic or methodical way and individually accessible by electronic or other means, except for

computer programmes used in the making or operation of such databases.

8. “Phonogram” means the fixation of the sounds of a performance, or of other sounds, or of

the representation of sounds, by technical devices in any material sound-recording medium.

9. “Producer of a phonogram” means a natural or legal person on the initiative and

responsibility of which the first fixation of the sounds of a performance or other sounds, or the

representation of sounds is made.

10. “Photographic work” means an image produced on surfaces sensitive to light by means

of light or any other radiation the composition, selection or way of capturing the chosen objects of

which show originality, irrespective of the technology (chemical, electronic, etc.) of such fixation.

A still picture extracted from an audiovisual work is not considered to be a “photographic work”,

but only a part of the audiovisual work concerned.

11. “Object of related rights” means the performance of a work, including direct (live)

performance and its sound or visual fixation, a phonogram, the first fixation of an audiovisual work

(film), radio and (or) television broadcast of a broadcasting organisation.

12. “Owner of related rights” means a performer, producer of a phonogram, broadcasting

organisation, producer of the first fixation of an audiovisual work (film), another natural or legal

person possessing exclusive related rights in the cases provided for in this Law, as well as a natural

or legal person to whom the exclusive related rights have been transferred (successor in title).

13. “Rights-management information” means any information, submitted by owners of

copyright, related rights or sui generis rights, which identifies a work, an object of related rights or

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sui generis rights, owners of such rights, or information about the terms and conditions of use of a

work, an object of related rights or sui generis rights, as well as any numbers, graphic marks or

codes that represent such information.

14. “Publication” means the production of copies of a work, an object of related rights or sui

generis rights in quantities sufficient to satisfy the reasonable requirements of the public, regardless

of the method of production, provided that such work, object of related rights or sui generis rights

has been made available to the public with the consent of the owner of such rights.

15. “Cable retransmission” means the simultaneous, unaltered and unabridged

retransmission by a cable or microwave system for reception by the public of an initial transmission,

by wire or over the air, including that by satellite, of radio and (or) television programmes intended

for reception by the public.

16. “Cable retransmission operator” means a natural or legal person which makes use of

cable or microwave facilities and integrated reception networks, when signals of television and radio

broadcast stations are distributed to more than 40 apartments (households).

17. “Commercial purposes” means purposes with which direct or indirect economic or

commercial advantage is being sought; this would normally exclude acts carried out by end-

consumers acting in good faith.

18. “Computer programme” means a set of instructions expressed in words, codes,

schemes or in any other form capable, when incorporated in a computer-readable medium, of

causing a computer to perform a particular task or bring about a certain result; this definition also

includes preparatory design material of such instructions, provided that the said set of instructions

can be created from it.

19. “Work” means any original result of creation activities in the literary, scientific or

artistic domain, whatever may be its artistic value, the mode or form of its expression.

20. “User of a work, an object of related rights or sui generis rights” means a natural or

legal person which exploits originals or copies of works, objects of related rights or sui generis

rights (reproduces, publishes, imports, sells, rents, lends or otherwise distributes them in any

manner, uses them for the public performance or public display, broadcasts, retransmits or otherwise

communicates to the public). A performer shall not be regarded as a user of a work or an object of

related rights which is performed publicly, if the said performer does not organise and (or) finance

the use of the work or the object of related rights for public performance.

21. “Licence” means a permit of the owner of copyright, related rights or sui generis rights

(licensor) granting to the user of the work, the object of related rights or sui generis rights (licensee)

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the right to exploit the original or copies of the work, the object of related rights or sui generis rights

(licence matter) within the specified territory in the way and under the conditions agreed upon in the

licensing agreement. Licences may be either exclusive or non-exclusive. A non-exclusive licence

means that the licensor grants the right to the licensee to use the licence matter by retaining the right

of granting such right to other persons, and to exploit the license matter himself. An exclusive

license means that the licensor, upon granting the right to the licensee to exploit the license matter,

loses the right to grant similar licenses to other persons and has no right to exploit the subject matter

with regard to the rights transferred to the licensee, himself.

22. “Disability” means a health impairment which interferes with person’s ability to

independently use objects of copyright and related rights in the form they have been lawfully

published or communicated to the public. As used in this Law, disability shall comprise complete

and partial visual or hearing impairment, physical handicap restricting the ability to hold a book or

any other publication and to manipulate them, perception (learning) disability.

23. “Infringing copy” means a copy of a work, an object of related rights or sui generis

rights produced or imported into the Republic of Lithuania without the permission of the or owner

of the rights or a person duly authorised by them (without concluding an agreement or upon

violating the terms and conditions set in it, except for the cases specified by this Law when a work,

an object of related rights or sui generis rights may be reproduced without permission), as well as a

copy of a work, an object of related rights or sui generis rights in which rights-management

information has been removed or altered without the permission of the owner of the rights.

24. “Rental” means making available for use, for a certain period of time and for direct or

indirect commercial advantage, of the original or copy of a work, an object of related rights or sui

generis rights.

25. “Lending” means making available for use free of charge, for a certain period of time, in

libraries or other establishments accessible to the public, of the original or copy of a work, an object

of related rights or sui generis rights.

26. “Owner of sui generis rights” means a maker of a database who, when selecting,

arranging, verifying and presenting the contents of the database, has made substantial qualitative and

(or) quantitative (intellectual, financial, organisational) investments, as well as a natural or legal

person to whom the sui generis rights of the maker of the database has been transferred.

27. “Work of applied art” means any hand-made or industrially made work of art, having

an utilitarian function.

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28. “Broadcasting” means the transmission by wireless means, including that by satellite,

for public reception of sounds or images and sounds, or their expression; the transmission of coded

signals is considered to be transmission if a broadcasting organisation provides society with special

decoding devices or grants permission to acquire them.

29. “Broadcasting organisation” means a legal person the main activity of which is the

preparation and transmission of radio and (or) television programmes, as well as a cable

retransmission operator preparing and transmitting its own broadcasts and programmes.

30. “Public performance” means acting, singing, playing, reciting, reading, dancing or

otherwise publicly performing a work, either directly (live performance) or by means of any device

or equipment in a certain public place in which a group of the members of the public of an indefinite

number are or may be present at the same time.

31. “Communication to the public” means the transmission to the public of a work, by wire

or wireless means, including the making available to the public of the work in such a way that

members of the public may access it from a place and at a time individually chosen by them.

Communication to the public of an object of related rights means any transmission to the public of

an object of related rights, including the making of the sounds or expression of the sounds recorded

in a phonogram audible to the public, except broadcasting.

32. “Public display” means any showing of a work, its original or a copy directly

(exposition) or on a screen by means of slides, television image or other similar means, as well as

the showing of individual still images of an audiovisual work non-sequentially in a place where a

group of the members of the public of an indefinite number are or may be present, irrespective of

whether they are present in the same place and at the same time or in separate places and at different

times.

Article 3. Scope of Application of the Law

1. The provisions of this Law shall apply to:

1) authors and owners of related rights who are citizens of the Republic of Lithuania or natural

persons permanently residing in the Republic of Lithuania, or legal persons the headquarters

whereof is located in the Republic of Lithuania;

3) authors regardless of their citizenship or habitual residence, to whom the rights in works for

the first time published in the Republic of Lithuania, including the works simultaneously

published in the Republic of Lithuania and abroad, belong. A work shall be considered as

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having been published simultaneously in several countries if it is has been published in the

Republic of Lithuania within thirty days of its first publication in another country;

5) authors of audiovisual works if the headquarters or habitual residence of the producer of the

said works is in the Republic of Lithuania;

7) authors of works of architecture erected in the Republic of Lithuania, or authors of other

artistic works incorporated in a building or other construction works located in the Republic of

Lithuania;

9) performers who are citizens of the Republic of Lithuania or natural persons permanently

residing in the Republic of Lithuania, as well as performers whose performances take place on

the territory of the Republic of Lithuania or are incorporated in phonograms protected by this

Law, or are used in programmes or original broadcasts qualifying for protection under this

Law;

11) broadcasting organisations and cable retransmission operators whose headquarters are

located in the Republic of Lithuania, or whose broadcasts and programmes are transmitted by

the transmitters located on the territory of the Republic of Lithuania, as well as broadcasting

organisations whose programmes are communicated by satellite when the programme-

carrying signals of an established frequency are transmitted to the satellite from the territory of

the Republic of Lithuania.

2. The provisions of this Law concerning the sui generis rights shall apply to the makers of

databases who are citizens of the Republic of Lithuania or natural persons permanently residing

in the Republic of Lithuania, or legal persons the headquarters whereof is located in the Republic

of Lithuania.

3. The provisions of this Law shall also apply to authors, owners of related rights and makers

of databases whose rights shall be protected in the Republic of Lithuania in accordance with the

international agreements ratified by the Republic of Lithuania, and other legal acts binding on the

Republic of Lithuania according to its international obligations.

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CHAPTER II

COPYRIGHT

SECTION 1

SUBJECT MATTER OF COPYRIGHT

Article 4. Subject Matter of Copyright

1. The subject matter of copyright shall include original literary, scientific and artistic works which

are the result of creative activities of an author, whatever may be the objective form of their

expression.

2. The subject matter of copyright shall comprise the following:

1) books, brochures, articles, diaries, and other literary works, whatever may be the form of their

expression, including an electronic form, as well as computer programmes;

3) speeches, lectures, sermons and other oral works;

5) written and verbal works of science (scientific lectures, studies, monographs, deductions,

scientific projects and documented project material, as well as other works relative to science);

7) dramatic, dramatico-musical, pantomime, choreographic and other works intended to be

performed on the stage, theatrical productions, as well as scenarios and shooting scripts;

9) musical works with or without accompanying words;

11) audiovisual works (motion pictures, television films, television broadcasts, video films,

diafilms and other works expressed by cinematographic means), radiophonic works;

13) works of sculpture, painting and graphic art, monumental decorative art, other works of fine

art and works of scenery;

15) photographic works and other works created by a process analogous to photography;

17) works of architecture (projects, designs, sketches and models of buildings and other

construction works, as well as completed buildings and other construction works);

19) works of applied art;

21) illustrations, maps, charts, projects of gardens and parks, sketches and three-dimensional

works relative to geography, topography and exact sciences;

23) other works.

3. The subject matter of copyright shall also include the following:

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1) derivative works created on the basis of other literary, scientific or artistic works (translations,

dramatisations, adaptations, annotations, reviews, essays, musical arrangements, static and

interactive Internet homepages, and other derivative works);

2) collections of works or compilations of data, databases (in machine readable form or other

form), which, by reason of the selection or arrangement of their contents constitute of author’s

intellectual creations;

3) unofficial translations of legal acts, official documents of administrative, legal or regulative

nature, referred to in subparagraph 2 of Article 5 of this Law.

4. Copyright in derivative works and compilations shall apply without prejudice to the copyright

in the work or works on the basis of which a derivative work has been created or a compilation

has been made, and shall not extend to the data or material, which is not attributed to the subject

matter of copyright, employed in the database.

Article 5. Works not Attributed to the Subject Matter of Copyright

Copyright shall not apply to:

1) ideas, procedures, processes, systems, methods of operation, concepts, principles,

discoveries or mere data;

2) legal acts, official documents texts of administrative, legal or regulative nature (decisions,

rulings, regulations, norms, territorial planning and other official documents), as well as their

official translations;

3) official State symbols and insignia (flags, coat-of-arms, anthems, banknote designs, and

other State symbols and insignia) the protection of which is regulated by other legal acts;

4) officially registered drafts of legal acts;

5) regular information reports on events;

6) folklore works.

SECTION 2

OWNERS OF COPYRIGHT

Article 6. Author

1. The author shall be a natural person who has created a work.

2. A natural person, whose name is indicated on a work in the usual manner shall, in the

absence of proof to the contrary, be regarded as the author of the work. This provision shall apply

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even if the work is disclosed under a pseudonym, where it leaves no doubt as to the identity of the

author.

3. When the pseudonym of an author appears on the work, which rises doubt as to the

identity of the author, or the name of an author does not appear on a work, the publisher whose name

appears on the work shall, in the absence of proof to the contrary, be deemed to represent the author,

and in this capacity he shall be entitled to protect and enforce the author’s rights until the author of

such work reveals his identity and establishes his claim to authorship of the work.

Article 7. Joint Authorship

1. When a work is created by two or more natural persons in joint creative endeavour, they shall be

regarded as co-authors, irrespective of whether such a work constitutes a single unitary whole, or

consists of parts, each of which has an autonomous meaning. A part of a joint work shall be

considered as having an autonomous meaning if it may be used independently of the other parts

of that work.

3. Mutual relations of the co-authors and their remuneration shall be determined by an agreement

between them. In the absence of such an agreement, copyright in the joint work shall be exercised

jointly by the co-authors, and the remuneration shall be divided among them in proportion to the

creative contribution of each co-author. None of the co-authors shall have the right to prohibit,

without a valid reason, the use of the joint work.

5. Each co-author shall be entitled to use in his own discretion the part of the joint work created by

him and having an autonomous meaning, unless otherwise provided in the agreement concluded

between the co-authors.

7. A person who has rendered material, technical or organisational assistance in the process of the

creation of a work shall not be considered to be its co-author.

Article 8. Copyright in Collective Works

1. An author’s economic rights in collective works (such as encyclopaedias, encyclopaedic

dictionaries, periodical scientific collections, newspapers, journals, and other collective works)

shall vest in the natural or legal person on the initiative and under the direction of whom the work

has been created.

3. The authors of the works incorporated in collective works shall retain exclusive rights to exploit

their works independently of the use of the collective work, unless otherwise provided for by an

agreement.

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Article 9. Copyright in a Work Created in the Execution of Official Duties or

Fulfilment of Work Functions

1. The author of a work created in the execution of his duties or fulfilment of work functions shall

be a natural person or a group of natural persons who have created that work.

3. An author’s economic rights in a work, other than a computer programme, created by an

employee in the execution of his duties or fulfilment of work functions shall be transferred to the

employer for the period of five years, unless otherwise provided for by an agreement.

Article 10. Copyright in Computer Programmes

1. The author of a computer programme shall be a natural person or a group of natural persons who

have created the program. A computer programme shall be protected under this Law, provided it

is original. When establishing originality of a computer programme, criteria for quality or artistic

value shall not be applied.

3. The owner of an author’s economic rights in a computer programme created by an employee in

the execution of his duties or fulfilment of work functions shall be the employer, unless otherwise

provided by an agreement.

Article 11. Copyright in Audiovisual Works

1. Copyright in audiovisual works shall be enjoyed by their co-authors, i.e. the director, author of the

screenplay, author of the dialogue, art director, cameraman and composer of music (with or

without lyrics), specifically created for use in this audiovisual work. Authors of the pre-existing

works included in, or adapted for, the audiovisual work shall enjoy copyright in their works.

3. Authors of an audiovisual work (except the authors of musical works specifically created for an

audiovisual work or included in an audiovisual work) who have entered into an agreement with a

producer for the creation (production) of an audiovisual work, as well as authors of the pre-

existing works, who have given their authorisation to adapt or incorporate their works in an

audiovisual work shall transfer their economic rights provided for in paragraph 1 of Article 15 of

this Law, as well as the right to subtitle or dub the text of the audiovisual work to the producer,

unless otherwise provided for by an agreement.

5. The amount of remuneration for the transferred economic rights in an audiovisual work shall be

determined by an agreement between the parties for each individual mode of exploitation of the

work, related to the transferred economic rights.

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7. Notwithstanding the provisions of paragraph 2 of this Article, co-authors of an audiovisual work

shall retain the unwaivable right to receive an equitable remuneration for the rental of the

audiovisual work. This remuneration shall be paid by the natural or legal persons to whom a

producer of an audiovisual work has transferred or assigned the right to rent audiovisual works or

their copies. This right shall normally be implemented through an association of collective

administration of copyright.

8. At the request of the author or the association of collective administration of copyright, a

producer of an audiovisual work must provide the author or the association of collective

administration of copyright with the information necessary for the enforcement of the right

referred to in paragraph 4 of this Article.

Article 12. Copyright Notice

The author or any other owner of copyright may notify the public about his economic rights

by using the copyright notice. It shall consist of the following three elements: the letter C in a circle

or circular brackets, followed by the name of the author or any other owner of copyright (title), and

the year of the first publication of the work.

SECTION 3

AUTHORS’ RIGHTS

Article 13. Commencement of the Authors’ Rights

Authors’ rights in literary, scientific and artistic works commence from the creation of such

works.

Article 14. Author’s Moral Rights

1. The author of a work, independently of his economic rights, even after the transfer of

these rights to another person, shall have the following moral rights:

1) the right to claim authorship of the work, by indicating the author’s name in a prominent

way on all the copies of a published work, and in connection with any other public use of the work (

the right of authorship);

2) the right to claim or prevent the mention of the author’s name in connection with any use

of the work, or the right to claim that the work be disclosed to the public under a pseudonym (the

right to the author’s name);

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3) the right to object to any distortion or other modification of a work or the title thereof, as

well as to any derogatory action in relation thereto which would be prejudicial to the author’s

honour or reputation (the right to the inviolability of a work).

2. The author’s moral rights shall not be subject to transfer to other persons. Upon the death

of the author, his moral rights shall be exercised in accordance with the procedure established in

paragraph 2 of Article 49 of this Law.

3. The moral rights of an author of computer programs and databases may not be used in a

manner which unreasonably prejudices the rights of a holder of the author’s economic rights in these

computer programs and databases, including the right to carry out adaptation, alteration and

distribution of these works at his discretion, with the exception of the cases when such actions

would be prejudicial to the author’s honor or reputation.

Article 15. Economic Rights of Authors

1. The author shall have the exclusive rights to authorise or to prohibit any of the following acts:

1) reproduction of a work in any form or by any means;

2) publication of a work;

3) translation of a work;

4) adaptation, arrangement, dramatisation or other transformation of a work;

5) distribution of the original or copies of a work to the public by sale, rental, lending, or by any

other transfer of ownership or possession, as well as by exporting and importing;

6) public display of the original or copies of a work;

7) public performance of a work in any form or by any means;

8) broadcasting, retransmission of a work, as well as communication to the public of a work in

any other way, including the making available to the public of a work via computer networks (on the

Internet).

2. Any mode of the exploitation of the original of a work or its copies without the permission of the

author, his successor in title or the person duly authorised by him shall be considered illegal (with

the exception of the cases provided for in this Law).

3. The author shall have the right to receive a remuneration for each mode of the exploitation of the

work related to author’s economic rights specified in paragraph 1 of this Article. In the case of

public performance of a work, the author shall be entitled to a remuneration for both the direct

(live) performance, and when the aforementioned acts are done with the help of a phonogram or

audiovisual fixation, radio and television broadcasting or retransmission. In the case of

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broadcasting, retransmission or another communication to the public of the work, including the

making available to the public of the work via computer networks (on the Internet), the author

shall be entitled to receive a remuneration for both the broadcasting, retransmission or another

communication to the public of a direct (live) performance of the work, and for the use of a

phonogram or audiovisual fixation. The amount of remuneration and the payment procedure

thereof shall be agreed upon in the copyright agreement, as well as in the licensing agreement

negotiated between users of works and the authors or associations of collective administration of

copyright.

5. The author, after the transfer of his rental right in respect of a phonogram of his work to a

producer of the phonogram, shall retain an unwaivable right to obtain an equitable remuneration

for the rental of such work. This remuneration shall be paid by natural or legal persons to whom

who the right to rent phonograms or their copies has been transferred or granted by a producer of

the phonogram. This right shall normally be enforced through an association of collective

administration of copyright.

6. At the request of the author or the association of collective administration of copyright, producers

of phonograms must provide the author or the association of collective administration of

copyright with the information necessary for the enforcement of the right referred to in paragraph

4 of this Article.

8. The provisions of subparagraph 5 of paragraph 1 of this Article shall not apply in respect of

computer programmes where the program itself does not constitute the essential object of

distribution (computer programmes in household appliances, etc.).

9. The exclusive right of rental and lending of the original or a copy of a work shall not apply in

relation to buildings and to works of applied art.

Article 16. Distribution of a Work after the First Sale or other Transfer of Ownership

Rights in the Work

1. After the author or his successor in title sells an original work or its copies, or otherwise transfers

it/them into the ownership within territory of the countries of the European Economic Area, the

exclusive right of distribution of the work or its copies, which are lawfully in circulation, shall

expire (be exhausted) for him within the territory of the countries of the European Economic

Area.

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3. The provisions of paragraph 1 of this Article shall not apply to the exclusive right of rental or

lending of the work or its copies, which is/are sold or transferred into ownership in any other

manner.

4. When the lending of books and fine art publications (arts and photography books) is carried out

through libraries, their authors or their successors in title shall be entitled to receive remuneration

for the transferred exclusive right to lend a work. The amount of remuneration and the procedure

of payment thereof shall be established by the Government, taking into account the proposals of

the Council of Copyright and Related Rights of Lithuania. This remuneration shall not be paid

when the lending of books and other publications is carried out through libraries of educational

and research institutions.

Article 17. The Resale Right with Respect to an Original Work of Art or an Original

Manuscript

1. The author shall enjoy a right, which cannot be waived, to receive a royalty for any resale of an

original work of art and an original manuscript of a literary or musical work (the resale right),

subsequent to the first transfer of the right of ownership in them by the author.

3. As used in this Article, an original work of art means works of visual art, applied art and

photographic works, provided they are made by the artist himself. Copies of works of art, which

have been made, numbered and signed or otherwise duly authorised by the artist himself or under

his authority, shall be considered to be original works of art.

4. The resale right referred to in paragraph 1 of this Article shall apply to all acts of resale involving

as sellers, buyers or intermediaries salesrooms, art galleries, museums, antique shops, organisers

of auctions of works of art, other persons selling works of art, intermediating in selling or

assessing them. The intermediary shall share liability with the seller for payment of the royalty.

5. A royalty shall be paid when the resale price, net of tax, of an original work of art or an original

manuscript of a literary or musical work shall be the sum corresponding to not less than EUR 300

according to the official ratio of the euro and the litas, announced in the manner prescribed by

law. A royalty shall be calculated by applying the following rates, if the sum of a royalty for one

resold original work of art or an original manuscript of a literary or musical work does not exceed

the sum corresponding to EUR 12500 according to the official ratio of the euro and the litas,

announced in the manner prescribed by law:

1) 5 % for the portion of the sale price up to EUR 3000;

2) 4 % for the portion of the sale price from EUR 3000,01 to EUR 50000;

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3) 3 % for the portion of the sale price from EUR 50000,01 to EUR 200000;

4) 1 % for the portion of the sale price from EUR 200000,01 to EUR 350000;

5) 0,5 % for the portion of the sale price from EUR 350000,01 to EUR 500000;

6) 0,25 % for the portion of the sale price exceeding EUR 500000.

New version as of 1 January 2015:

4. A royalty shall be paid when the resale price, net of tax, of an original work of art or an original

manuscript of a literary or musical work shall be the sum corresponding to not less than EUR

300. A royalty shall be calculated by applying the following rates, provided that the sum of a

royalty for one resold original work of art or an original manuscript of a literary or musical work

does not exceed the sum corresponding to EUR 12500:

1) 5 % for the portion of the sale price up to EUR 3000;

2) 4 % for the portion of the sale price from EUR 3000,01 to EUR 50000;

3) 3 % for the portion of the sale price from EUR 50000,01 to EUR 200000;

4) 1 % for the portion of the sale price from EUR 200000,01 to EUR 350000;

5) 0,5 % for the portion of the sale price from EUR 350000,01 to EUR 500000;

6) 0,25 % for the portion of the sale price exceeding EUR 500000.

6. Authors or their successors in title may transfer their resale right for implementation to an

association of collective administration of copyright. Buyers, sellers or intermediaries must

furnish to authors or an association of collective administration of copyright, representing them,

the information necessary in order to implement the resale right. Such information may be

requested for a period of three years after the resale.

7. The provisions of paragraph 1 of Article 34, paragraphs 1 and 2 of Article 35 and paragraph 1 of

Article 37 of this Law shall apply mutatis mutandis to the term of protection of the resale right.

9. Authors who are nationals of third countries or their successors in title shall enjoy the resale right,

specified in paragraph 1 of this Article, in the Republic of Lithuania only if legislation in the

country of which the author or his successor in title is a national permits resale right protection in

that country for authors and their successors in title from the Republic of Lithuania and other

Member States of the European Community.

Article 18. Right of Making Available of Work of Fine Art and Work of Architecture

1. The owner of an original work of fine art must permit the author of the work to reproduce or

display the work at his exhibition, if the author’s right to reproduce the work or to publicly

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display it have not been transferred to the owner of the original work, provided that the owner’s

legitimate interests are not thereby prejudiced and the safety of the work is ensured.

3. The owner of an original work of fine art may not destroy the work before offering it back to the

author. Where the return of the original work is not possible, the conditions must be created for

the author to make a copy of the work in an appropriate manner.

5. The person commissioning a work of architecture must permit the author of the work, without

additional remuneration, to participate in the realisation of the construction plan of a building or

other construction works (monitoring the drafting of the construction documentation and the

execution of construction work of a building or other construction works with regard to copyright

protection), unless otherwise provided for in the copyright agreement for the commissioning of

the work.

7. The owner of the work of architecture (a building or any other construction works) may, without

the author’s permission, make changes in the building or any other construction works, provided

that this is done for technical reasons or for the purpose of any practical use of the building or

other construction works, unless otherwise provided for in the agreement.

5. The author of the work of architecture shall have the right to take photographs of the building or

construction works before its demolition and to get a copy of the design thereof.

SECTION 4

LIMITATIONS ON ECONOMIC RIGHTS

Article 19. Conditions of Limitation on Economic Rights

1. Any limitations on economic rights shall be permitted exclusively to the cases provided

for in this Law. They must not conflict with a normal exploitation of a work and must not prejudice

the legitimate interests of author or other owner of copyright.

2. In the cases laid down by this Law, where limitations on economic rights may be applied

only for non-commercial purposes, when determining whether or not a work, an object of related

rights or sui generis rights has been used for non-commercial purposes account must be taken of the

purpose of the use. The legal form, organisational structure and method of financing of the user of a

work, an object of related rights or sui generis rights shall not be decisive factors in this case.

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Article 20. Reproduction of Works for Private Use

1. It shall be permitted for a natural person, without the authorisation of the author of the

work or any other owner of copyright in the work, to reproduce, exclusively for his individual use

and not for commercial advantage, in a single copy a work lawfully published or communicated to

the public.

2. Reproduction of works for personal use by means of reprography (on paper or any similar

medium, effected by the use of any kind of photographic technique or by some other process having

similar effects) shall be regulated by the provisions set out in Article 201 of this Law.

3. The provisions of paragraph 1 of this Article shall not apply to the reproduction of the

following works:

1) works of architecture in the form of building or other construction works;

2) computer programmes (with the exception of the cases provided for in Articles 30 and 31

of this Law);

3) electronic databases (with the exception of the cases provided for in Article 32 of this

Law).

4. The owners of copyright and related rights shall be entitled to receive compensatory

remuneration for reproduction of audiovisual works or works fixed in phonograms referred to in

paragraph 1 of this Article for personal use (hereinafter in this Article: ‘the compensatory

remuneration’).

5. The compensatory remuneration must be paid for the devices and analogous and digital

blank audio and audiovisual media listed in Annex 1 to this Law, released for circulation and sold in

the Republic of Lithuania for the first time, produced in the Republic of Lithuania or imported into

the territory of the Republic of Lithuania and intended for reproduction for private use (hereinafter

in this Article: ‘devices’ and ‘blank media’) The compensatory remuneration must be paid by the

persons selling such devices and blank media (hereinafter in this Article: ’compensatory

remuneration payers’) in the Republic of Lithuania.

6. A list of blank media and devices subject to the compensatory remuneration and the

compensatory remuneration rates laid down out in Annex I to this Law shall be reviewed at least

once in two years. Other terms and conditions and procedure for paying the compensatory

remuneration shall be established by the Government taking into consideration the application or

non-application of technological protection measures determined in Article 74(1) and (2) of this

Law, after agreement with associations representing the compensatory remuneration payers and

associations of collective administration of copyright and related rights.

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7. The paid compensatory remuneration shall be refunded in accordance with the procedure

laid down by the Government in the following cases:

1) where blank media and devices are acquired for professional needs. For the purposes of

the present Article, professional needs shall be deemed to be the needs of broadcasting organisations

and persons circulating audiovisual works and works fixed in phonograms or objects of related

rights for producers of audiovisual works and phonograms, where such needs are related to the

fixation of works or objects of related rights and the needs of the persons who acquire blank media

and devices for the purposes evidently other than reproduction of works for private use (e.g. where

works are reproduced in public administration and defence agencies and organisations, hospitals,

educational institutions, libraries and state archives, museums, research institutions and

organisations and where reproduction of works is meant exclusively for the operational needs of the

said institutions and organisations);

2) where blank media and devices are acquired for the needs of persons with a disability;

3) where blank media and devices are brought out of the territory of the Republic of

Lithuania.

8. The compensatory remuneration for the owners of rights referred to in paragraph 4 of this

Article shall be collected, allocated and paid by the collective administration associations approved

by the institution authorised by the Government in accordance with the procedure laid down by the

Government.

9. 25 per cent of the compensatory remuneration collected in accordance with the procedure

established by the Government shall be allocated for creative programmes and programmes for the

protection of copyright and related rights.

10. After deducting from the collected compensatory remuneration the amount referred to in

paragraph 9 of this Article and the costs incurred by collective administration associations as a result

of collection, distribution and refunding of the compensatory remuneration, the remaining amount

shall be allocated as follows:

1) 1/3 of the compensatory remuneration collected for blank audio recording media and

devices shall be allocated to authors, 1/3 – to performers and 1/3 – to producers of phonograms

(including broadcasting organisations for phonograms produced by them);

2) 1/3 of the compensatory remuneration collected for blank audiovisual media and devices

shall be allocated for authors, 1/3 – for performers and 1/3 – for producers of audiovisual works

(including broadcasting organisations, for the audiovisual works produced by them).

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11. In the accounting documents drawn up for sale of the media and devices referred to in

paragraph 5 of this Article, the amount of the compensatory remuneration shall be calculated,

singled out and indicated in a separate line and the notes of the issued invoices shall indicate that the

person who has acquired the media or devices is entitled to refunding of the compensatory

remuneration in the cases set out in paragraph 7 of this Article.

Article 201. Reprographic Reproduction of Works for Private Use

1. It shall be permitted, without the authorisation of the author of a work or any other owner of

copyright in this work, to reproduce by means of reprography, for private use but not for purposes of

commercial advantage, a lawfully published article or any other short work, or a short extract of a

writing with or without illustrations (effected by the use of any kind of photocopying technique or

by some other process having similar effects, where a work is reproduced on paper or any similar

medium).

2. The provisions of paragraph 1 of this Article shall not apply to the reproduction by means of

reprography of the whole text of a book or a major part thereof, or sheet music.

3. The owners of copyright and publishers shall be entitled to the compensatory remuneration for

the reproduction of works by means of reprography as provided for in paragraph 1 of this Article

(hereinafter: ‘compensatory remuneration’).

4. The compensatory remuneration must be paid for services of reprographic reproduction

provided to natural persons as well as for reprographic devices which are specified in Annex II to

this Law, released for circulation in the Republic of Lithuania and sold there for the first time,

produced in the Republic of Lithuania or brought into its territory (hereinafter in this Article:

‘reprographic devices’). The compensatory remuneration must be paid by the persons who provide

services of reprographic reproduction as well as the persons selling reprographic devices

(hereinafter in this Article: ‘payers of the compensatory remuneration’) in the Republic of Lithuania.

5. A list of reprographic devices subject to the compensatory remuneration and the compensatory

remuneration rates laid down out in Annex II to this Law shall be reviewed at least once in two

years. Other terms and conditions and procedure for paying the compensatory remuneration shall be

established by the Government taking into consideration the application or non-application of

technological protection measures determined in Article 74(1) and (2) of this Law, after consultation

with associations representing the compensatory remuneration payers and associations of collective

administration of copyright.

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6. The compensatory remuneration paid for reprographic devices shall be refunded in accordance

with the procedure laid down by the Government in the following cases:

1) where reprographic devices are purchased for professional needs. Under this Article

professional needs shall be the needs of persons providing reprographic services as well as the needs

of persons who acquire reprographic devices for the purposes evidently other than reproduction of

works for private use (e.g. where works are reproduced in public administration and defence

agencies and organisations, hospitals, educational institutions, libraries and state archives, museums,

research institutions and organisations and where reproduction of works is meant exclusively for the

operational needs of the said institutions and organisations);

2) when reprographic devices are acquired for the needs of persons with a disability;

3) where reprographic devices are brought out of the territory of the Republic of Lithuania.

7. Collective administration associations approved by an institution authorised by the

Government shall collect, distribute and pay according the procedure laid down by the Government

the compensatory remuneration to the entities specified in paragraph 3 of this Article.

8. 25 per cent of the compensatory remuneration collected according to the procedure

established by the Government shall be allocated for creative programmes and programmes for the

protection of copyright and related rights.

9. After deducting from the collected compensatory remuneration the amount referred to in

paragraph 8 of this Article and the costs incurred by collective administration associations as a result

of collection, distribution and refunding of the compensatory remuneration, the remaining amount

shall be allocated as follows:

1) 60 per cent shall be allocated to authors in the following manner: 20 per cent to authors of

works of scientific and subject-related literature, 15 per cent – to authors of works of fiction and

essays, 15 per cent – to authors of artistic works and 10 per cent – to authors of works of journalism

(journalists);

2) 20 per cent shall be allocated to publishers of books;

3) 20 per cent shall be allocated to publishers of periodical publications.

10. In the accounting documents drawn up for provision of a service or sale of the devices

referred to in paragraph 4 of this Article, the amount of the compensatory remuneration shall be

calculated, singled out and indicated in a separate line and the notes of the issued invoices shall

indicate that the person who has received the services or acquired the devices is entitled to refunding

of the compensatory remuneration in the cases set out in paragraph 6 of this Article.

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Article 21. Quotation

It shall be permitted, without the authorisation of the author or any other owner of copyright

and without a remuneration, as long as the source, including the author's name, is indicated, unless

this turns out to be impossible, to reproduce, publish and communicate to the public (including

making it available to the public via computer networks) a relatively short passage of a literary and

scientific work which has been lawfully published or made available to the public, both in the

original and translated language, in the form of a quotation (for purposes such as criticism or

review) in another work, provided that such use is in accordance with fair practice and to the extent

required by the specific purpose.

Article 22. Reproduction of a Work for the Purpose of Illustration of Teaching or Scientific

Research

The following shall be permitted without the authorisation of the author of a work or any other

owner of copyright in this work and without the payment of a remuneration, but indicating, where

possible, the source, including the author’s name:

1) reproduction, communication to the public and public display, for the non-commercial

purpose of illustration for teaching or scientific research, of short works lawfully published or

communicated to the public or short extracts of a work lawfully published or communicated to the

public, either in the original language or translated into another language, provided that this is

related to study programmes and does not exceed the extent justified by the purpose to be achieved;

2) reproduction, communication to the public and public display, by way of illustration, for non-

commercial purposes of works created to evaluate students’ learning achievements, provided

that this is related to study programmes and teacher professional development programmes

and is done to the extent justified by the purpose of teaching or teacher professional

development;

3) use of works held by libraries, by libraries of educational and research institutions, museums

or archives, communicating them to the public, for the non-commercial purpose of research or

private study, via computer networks at the terminals designated for that purpose in those

establishments, if the work is not publicly traded and the copyright owners do not prohibit the

use of such works. For the purpose of such limitation, the establishment referred to in this

point may reproduce the acquired copies of the works, but only in order to make

communication of a work to the public technically possible via computer networks. At the

same time, it shall not be permitted to make accessible via computer networks more copies of

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a work than held by these institutions. The establishments specified in this point must ensure

the use of effective technical protection measures so copies of works would not be reproduced

and the content information of works would not be transferred or transmitted outside the

terminals of the establishments to external networks;

4) public performance and public display for non-commercial purposes of a work at concerts,

exhibitions of formal and non-formal education institutions and pre-school education

institutions (nurseries, nursery-kindergartens, kindergartens; also nurseries, nursery-

kindergartens and kindergartens for pre-school education of children with special needs),

where such concerts and exhibitions constitute a part of education process carried out by these

institutions.

Article 23. Use of Works to Preserve Fonds and Collections of Libraries, Educational

Institutions, Museums or Archives

Without the authorisation of the author of or any other owner of copyright in a work and also

without remuneration, however, indicting, where possible, the source, including the author’s name,

it shall be permitted to reproduce for non-commercial purposes works held by libraries, educational

institutions, museums or archives, with the exception of works communicated to the public via

computer networks (on the Internet), so that a lost, destroyed or rendered-unusable copy of the work

of the fonds and collections of the establishments specified in this Article would be preserved or

reproduced or when it is necessary to restore a lost, destroyed or rendered-unusable copy from the

permanent collection of any other similar library, educational institution, museum or archives, if it is

impossible to obtain such a copy by other acceptable means. Repeated acts of such reproduction

shall be permitted if they are done on unrelated occasions.

Article 24. Use of a Work for Information Purposes

1. The following acts shall be permitted without the authorisation of the author of or any other

owner of copyright in a work and also without remuneration, however, indicating, where

possible, the source, including the author’s name:

1) reproduction by the press, communication to the public (including making available via

computer networks) of published or communicated to the public articles on current economic,

political or religious topics or of broadcast works of the same character, in cases where such

use is not expressly reserved by the authors of or other owners of copyright in such works, and

as long as the source, including the author's name, is indicated in the published or

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communicated to the public copies of the works, or in another way;

2) reproduction and communication to the public of literary and artistic works the place of

performance or display of which renders information on public events or current events in the

press, radio or television, provided that such use is justified by the informatory purpose and

constitutes additional information material;

3) reproduction for the purpose of informing the public in newspapers or periodicals, or

communication to the public in any other mode of political speeches, extracts of public

lectures or similar works, as well as speeches delivered during court proceedings, to the extent

justified by the informatory purpose to be achieved;

4) reproduction, publication or communication to the public of works for the purpose of

advertising the public exhibition or sale of artistic works, to the extent necessary to promote

the event, excluding any other commercial use;

5) reproduction and communication to the public of a work in connection with the demonstration

or repair of devices.

Article 25. Use of Works in Manners Intended for Persons with a Disability

1. It shall be permitted for natural and legal persons approved by the institution authorised by the

Government representing the interests of persons with a disability, when they act for non-

commercial purposes, without the authorisation of the author of a work or any other owner of

copyright in this work, and without the payment of a remuneration, but indicating, where

possible, the source, including the author’s name, to use a work lawfully published or

communicated to the public in the manners laid down in paragraphs 2 and 3 of this Article,

provided that only persons with a disability shall have the possibility to use and access this work,

to the extent required by the specific disability, with the exception of the works specially created

for this purpose.

2. For the purposes of the limitation specified in paragraph 1 of this Article, it shall be permitted to

reproduce, publish, adapt and communicate to the public, including the making available to the

public of a work via computer networks (on the Internet), an audio version (also in electronic

form) and a Braille version of the work.

3. It shall be permitted for the needs of persons with intellectual and reading impairments to

reproduce, publish, adapt and communicate to the public, including the making available to the

public of a work via computer networks (on the Internet) the works specially adapted for these

persons. The adaptation of works for persons with intellectual and reading impairments shall

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mean a transformation of works by simplifying lexis, grammar and (or) morphology, or by

shortening the text, i.e. in such a manner as to make the works perceivable by persons with such

impairments.

Article 26. Use of a Work during Religious Celebrations

It shall be permitted, without the authorisation of an author or any other owner of copyright and

without a remuneration, to reproduce, communicate to the public and perform in public for non-

commercial purposes a work during religious celebrations, as long as the source, including the

author’s name, is indicated, unless this turns out to be impossible.

Article 27. Use of a Work for the purposes of Public Security

It shall be permitted, without the authorisation of an author or any other owner of copyright, and

without a remuneration, to reproduce and communicate to the public a work for the purposes of

public security or to ensure the proper performance or reporting of administrative, parliamentary or

judicial proceedings.

Article 28. Limitations to Copyright in Works of Architecture and Sculptures

1. It shall be permitted to carry out the following acts without the authorisation of an author

or any other owner of copyright and without a remuneration, as long as the source, including the

author's name, is indicated, unless this turns out to be impossible:

1) to reproduce and make available to the public works of architecture and sculptures, made

to be located permanently in public places, except for the cases where they are displayed in

exhibitions and museums;

2) to use a project, design, sketch or model of a building or any other construction works for

the purpose of reconstructing this building or construction works.

2. The provisions of subparagraph 1 of paragraph 1 of this Article shall not be applied when

a work of architecture or a sculpture is the main subject of representation in the reproduction, and

when this is done for direct or indirect commercial advantage.

3. The provisions of subparagraph 1 of paragraph 1 of this Article shall not grant the right to

reproduce works of architecture in the form of buildings or other construction works, and to make

copies of sculptures.

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Article 29. Temporary Reproduction of a Work

It shall be permitted, without the authorisation of an author or any other owner of copyright

and without a remuneration:

1) to carry out temporary acts of reproduction which are transient or incidental and an

integral and essential part of a technological process and whose sole purpose is to enable an

efficient transmission in a network between third persons by an intermediary, or a lawful use

of a work to be made (when it is permitted by the owner of copyright or is not restricted by

this Law), and which have no independent economic significance;

2) to make ephemeral recordings of works made by broadcasting organisations or a

person acting on behalf of and under the responsibility of the broadcasting organisation by

means of their own facilities and for their own broadcasts.

2. Recordings specified in subparagraph 2 of paragraph 1 of this Article may be

preserved for a period not exceeding 30 days and must be erased after their use for

broadcasting. The preservation of these recordings in state archives may, on the grounds of

their exceptional documentary character, be permitted.

Article 30. Making of a Back-up Copies and Reproduction for Adaptation of Computer

Programmes

1. A person who has a right to use a computer programme, shall, without the authorisation of the

author or other owner of copyright, have the right to make back-up copies of the computer

programme or to adapt the computer programme, provided that such copies or adaptation of the

programme are necessary:

1) for the use of the computer program in accordance with its intended purpose, including for

error correction;

2) for the use of a back-up copy of the lawfully acquired computer programme, in the event the

computer programme is lost, destroyed or becomes unfit for use.

2. The person having a right to use a copy of a computer programme shall be entitled, without the

authorisation of the author or any other owner of copyright in the programme, to observe, study

or test the functioning of the programme in order to determine the ideas and principles which

underlie any element of the program if he does so while performing the acts he is entitled to do

(loads, displays, transmits or stores the data of the programme.

4. No copy or adaptation of a computer programme shall, without the authorisation of the author or

other owner of copyright, be used for goals other than those set out in paragraph 1 of this Article.

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4. Any agreements impeding the performance of the acts provided for in paragraphs 1 and 2 of this

Article shall be null and void.

Article 31. Decompilation of Computer Programmes

1. The authorisation of the author or other owner of copyright shall not be required where

reproduction of the code of a computer programme or translation of its form are indispensable to

obtain the information necessary to achieve the interoperability of an independently created

computer programme with other programs, provided that the following conditions are met:

1) these acts are performed by the licensee or another person having a right to use a copy of a

program, or on their behalf by a person authorised to do so;

2) the information necessary to achieve the interoperability of the programmes has not been

previously readily available to the persons referred to in subparagraph 1 of paragraph 1 of this

Article;

3) these acts are confined to the parts of the original programme which are necessary to

achieve interoperability.

2. The provisions of paragraph 1 of this Article shall not permit the information obtained

through its application:

1) to be used for goals other than to achieve the interoperability of the independently created

computer programme;

2) to be given to other persons, except when necessary for the interoperability of the

independently created programme;

3) to be used for the development, production or marketing of a computer programme

substantially similar in its expression, or for any other act which infringes copyright.

3. Any agreements impeding any of the acts set out in paragraph 1 of this Article shall be

null and void.

Article 32. Use of Databases

1. A lawful user of a database or a copy thereof shall have the right, without the authorisation

of the author or other owner of copyright, to perform the acts set out in paragraph 1 of Article 15 of

this Law, provided that such acts are necessary for the purposes of access to, and an appropriate use

of the contents of the database by the legitimate user of the database.

2. Where a lawful user of a database is authorised to use only a certain part of the database,

the provisions of paragraph 1 of this Article shall apply only to that part.

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3. Any agreements impeding any of the acts set out in paragraph 1 of this Article shall be

null and void.

4. A database which has been published or otherwise communicated to the public may,

without the authorisation of the author or other owner of copyright, be used for the purpose of

illustration for teaching or scientific research, as long as the source is indicated and to the extent

justified by the non-commercial purpose to be achieved, as well as for the purposes of public

security or security of the State or administrative or judicial proceedings.

Article 33. Display of a Work of Fine Arts

It shall be permitted, without the authorisation of an author or any other owner of copyright

and without a remuneration, as long as the author's name is indicated, unless this turns out to be

impossible, to display for non-commercial purposes in public an original work of fine arts or a copy

thereof, if the work has been sold or its ownership has been otherwise transferred to another natural

or legal person and where the author or his successor in title knows or has reasonable grounds to

know that such a public display (exhibition) of the works constitutes part of the regular activities of

the natural or legal person who has acquired the work.

SECTION 5

TERMS OF PROTECTION OF COPYRIGHT

Article 34. Duration of Copyright

1. Author’s economic rights shall run for the life of the author and for 70 years after his death,

irrespective of the date when the work is lawfully made available to the public.

3. The protection of the author’s moral rights shall be of unlimited duration.

Article 35. Special Duration of the Economic Rights of Authors

1. The duration of the authors’ economic rights in a joint work shall run for the life of co-authors

and for 70 years after the death of the last surviving author.

3. In the case of anonymous and pseudonymous works, the term of protection of the authors’

economic rights shall run for 70 years after the work is lawfully made available to the public.

However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the

author discloses his identity during the prescribed period, the term of protection of the author’s

economic rights shall run for the life of the author and for 70 years after his death.

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5. In the case of collective works, the term of protection of the authors’ economic rights shall run for

70 years after the work is lawfully made available to the public. In cases where the natural

persons who have created the work leave no doubt as to their identity, provisions of paragraph 1

of this Article shall apply.

7. The term of protection of authors’ economic rights in an audiovisual work shall extend over the

life of the principal director, author of the screenplay, author of the dialogue, art director, director

of photography and the composer of music specifically created for the audiovisual work, and for

70 years after the death of the last of them to survive.

8. The economic rights of the authors of a musical composition with words shall run for the life of

the authors (the composer of the musical composition and the author of the lyrics) and for 70

years after the death of the last of the authors to survive, whether or not those persons are

designated as co-authors, provided that both contributions (music and words) were specifically

created for the respective musical composition with words.

Article 36. Economic Rights of Authors in a Work Published after the Expiry

of Copyright Protection

1. A natural or legal person who, after the expiry of copyright protection, for the first time lawfully

publishes or lawfully communicates to the public a previously unpublished work, shall benefit

from a protection equivalent to the exclusive economic rights in the work, laid down in paragraph

1 of Article 15 of this Law.

3. The duration of the rights specified in paragraph 1 of this Article shall extend over 25 years from

the date of the first lawful publication of the work or the first lawful communication to the public

of the work.

Article 37. Calculation of Copyright Protection

1. The terms laid down in Articles 34-36 shall be calculated from the first day of January of the year

following the event which gives rise to them.

2. Where a work is published in separate units (volumes, parts, issues, or episodes), the term of

protection shall be calculated for each separate item from the date of its lawful publication.

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SECTION 6

TRANSFER OF AUTHORS’ ECONOMIC RIGHTS AND GRANTING OF LICENCES.

COPYRIGHT AGREEMENTS

Article 38. Transfer of Authors’ Economic Rights

1. The authors’ economic rights may be transferred by an agreement, by testamentary succession or

by other procedure prescribed by law.

3. Transfer of author’s economic rights may be full or partial, subject or not subject to payment.

4. It shall not be permitted to transfer the right in all future works of an author or author’s works,

which are not clearly identified. Transfer of the author’s economic rights may not be applied to

the modes of use of a work, which at the moment of the transfer of the author’s economic rights

do not exist or are unknown.

5. The authors’ moral rights shall not be subject to transfer to other persons. They exist

independently of the author’s economic rights and are retained by the author even after the

transfer of the economic rights to other persons.

Article 39. Copyright Agreements

1. Under a copyright agreement one party (an author or a holder of his rights) shall transfer or grant

the other party (a successor in title or licensee) the authors’ economic rights in a literary,

scientific or artistic work or undertakes to create in future a work stipulated in the agreement and

to transfer or grant the other party the authors’ economic rights in the said work, and the other

party shall undertake to use the work or to commence using it on the terms and conditions

stipulated in the agreement and to pay a set remuneration, unless otherwise provided for in the

agreement.

4. An author may transfer the economic rights laid down in paragraph 1 of Article 15 to other

persons under a copyright agreement on the transfer of rights, or grant them under a copyright

licensing agreement (exclusive or nonexclusive licence). A licence shall be deemed to be

exclusive only if the licensing agreement contains the words to that effect. A person to who the

author’s economic rights are transferred shall be regarded as a successor in title of the author’s

economic rights.

5. Agreements pertaining to the provision of editing, teaching, consulting, organisational and

technical services or other services shall not be regarded as copyright agreements. Agreements

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the subject matter of which is not the transfer or granting of author’s economic rights in a work

shall not be regarded as copyright agreements.

Article 40. Terms and Conditions of Copyright Agreements

1. A copyright agreement must stipulate the following terms and conditions:

1) the title of a work (titles of the works by foreign authors shall be indicated in the original

language), except the licences issued by associations of collective administration of rights;

2) description of a work (type, title of a work, principal requirements for a work);

3) the authors’ economic rights which are being transferred or granted (modes of the

exploitation of a work), a type of the licence (an exclusive or nonexclusive licence);

4) the territory in which the transfer of the rights or the licence granting the right to exploit a

work is valid;

5) the term of validity of the transfer of the rights or the licence;

6) the amount of remuneration, the procedure and terms of payment;

7) dispute settlement procedure and liability of the parties;

8) other conditions of the agreement.

2. It shall be presumed that under a copyright agreement only as many rights are transferred

as are necessary for the accomplishment of the purposes of a concrete agreement. If a copyright

agreement does not specify the time limits of transfer or granting of the economic rights, a party to

the agreement may terminate the agreement by informing in writing the other party of the

termination thereof one year in advance. If a copyright agreement does not indicate the territory

covered, it shall be considered that the economic rights are transferred or granted within the territory

of the Republic of Lithuania.

3. If all author’s economic rights are transferred under a copyright agreement, it shall be

considered that such rights are transferred only for the modes of use of a work stipulated in the

agreement. If the modes of use of a work are not stipulated in a copyright agreement, it shall be

considered that the copyright agreement is concluded only for those modes of use of the work

necessary for the parties to achieve the purpose for which the agreement has been concluded.

Article 41. Copyright Agreements for Commissioned Works

1. Pursuant to the copyright agreement for a commissioned work, the author shall undertake

to create a work corresponding to the requirements of the agreement, and to transfer the economic

rights in that work or to grant the right to use that work to the person commissioning the work by

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indicating the mode of the exploitation of the work, whereas the person commissioning the work

shall undertake to pay the remuneration to the author agreed by the parties, unless otherwise

provided for by the agreement.

2. The right of ownership in the work of fine art created under the copyright agreement for

commissioned works shall be transferred to the person commissioning the work, unless otherwise

provided for by the agreement.

Article 42. Form of Copyright Agreements

1. Copyright agreements for the transfer of rights, copyright licensing agreements and

copyright agreements for commissioned works shall be concluded in writing. A written form of an

agreement shall not be required in respect of an agreement for the publication of a work in

periodicals.

2. Where computer programmes and electronic databases, fixed in material media, are

distributed through the trading channels of distribution, the right to use a computer programme or an

electronic database shall be granted under a licensing agreement which is contained in the package

of a computer programme or database and submitted to the purchaser (package licence). The terms

and conditions stipulated by the package licence shall be binding on a user of the computer

programme or the electronic database, if after having familiarised himself with the terms and

conditions of the package licence, a user is provided with a possibility to waive the agreement and to

return the acquired computer programmes or electronic databases within the reasonable period of

time. They shall be presented in compliance with the requirements set out in the Law on Consumer

Protection and the Law on the State Language. When computer programmes and electronic

databases are transmitted via computer networks, the right to use a computer programme or a

database may be granted to the user by a licensing agreement which is presented in the electronic

form and which must be confirmed by the user prior to the exploitation of the computer programme

or the electronic database.

3. The grounds for the invalidity of copyright agreements shall be determined by the norms

regarding the invalidity of transactions provided for by the Civil Code.

Article 43. Publishing Agreement

1. Under the publishing agreement the author or any other owner of copyright shall, for a

remuneration set in the agreement, transfer or grant the publisher the right to reproduce by means of

printing or other mode a literary, scientific or artistic work by producing an amount of copies

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sufficient to satisfy the reasonable requirements of the public, as well as the right to distribute them.

2. The manuscript of a work, its copy or another medium from which the work is reproduced

shall belong to the author by the right of ownership, unless otherwise provided for in the agreement.

3. Provisions regulating legal relations of publishing shall not apply to periodicals and other

collective works.

4. Provisions regulating legal relations of publishing shall also apply in cases of

commissioning a literary, scientific or artistic work.

Article 44. Form and Terms and Conditions of a Publishing Agreement

1. A publishing agreement shall be concluded in writing.

2. A publishing agreement must, apart from the terms and conditions laid down in Articles

40 and 41 of this Law, lay down the procedure and (or) mode of the presentation of a work,

procedure and time limits of approving of the work, author’s rights and responsibilities when

preparing the work for publishing (altering, revision, proof-reading, etc. of the work), the biggest

and (or) smallest amount of copies of the work which is being published, procedure for distribution

thereof, the number of copies (author’s copies – not more than ten copies of a work which is being

published) of the published work to be transferred to the author, and other terms and conditions.

Article 45. Publishing of A Work as a Book

1. When a work is published as a book, the following must, apart from the conditions set out

in Articles 40 and 44 of this Law, be indicated in a publishing agreement:

1) a language or languages in which a work must be published;

2) a style of finish of a publication (format, cover, illustration and other).

2. If the publishing agreement does not specify a language or languages in which a work

must be published, a publisher shall have the right to publish the work only in the language of the

original.

3. If the publisher does not publish a work in all the languages stipulated in the publishing

agreement within five years from the transfer of the work, the author may terminate the agreement

on the publication of the work in the remaining languages.

4. Paragraph 3 of this Article shall apply to translations of works of foreign authors into the

Lithuanian and other languages.

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Article 46. Publisher’s Duties under the Publishing Agreement

1. Under the publishing agreement, the publisher must:

1) publish a work in an agreed mode and form within the time limits set in the agreement,

without any alterations lacking author’s consent, and indicate on each copy of the published work

the author’s name or pseudonym indicated by the author, or any other information identifying the

author;

2) submit a work prepared for publication to the author to familiarise himself with, unless

otherwise provided for in the agreement;

3) commence distribution of the published work at the set time and on the set conditions;

4) ensure that commercial distribution of the work would correspond to the usual practice in

the publishing field;

5) calculate and pay remuneration in accordance with the set terms and procedure;

6) return to the author an original (manuscript) of the work, it copy or any other medium

from which the work has been reproduced, unless otherwise provided for in the agreement;

7) at the author’s request, furnish necessary written information together with necessary

documents, or their copies, indicating the number of copies of the published work, income received

from the sold copies of the published work, and the calculated remuneration.

2. A second and subsequent editions or reprints of a work are allowed only in the case, when

this is agreed in the publishing agreement and the royalty for an author makes up not less than 5 per

cent of the publisher’s revenues from a relevant edition or reprints. The publisher must inform the

author in advance about a planned new edition or reprints of the work, so that the author would,

within a reasonable period of time, be able to make necessary alterations to the work. Such

alterations must not change the character of the work and increase unreasonably the expenses related

to the publication of the work.

3. If a work was not published within the time limits stipulated in the agreement, the author

may terminate the agreement even in the cases when this happened through no fault of the publisher.

In this case the remuneration paid to the author under the agreement shall be left to the author. The

author, who incurred losses which the remuneration fails to cover, may claim damages.

Article 47. Author’s Duties under the Publishing Agreement

Under the publishing agreement an author:

1) must submit to a publisher for reproduction a work in an appropriate form within the time

limits stipulated in the agreement;

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2) must submit an original work created by him, which corresponds to the conditions set out

in the agreement and which does not violate the rights of other persons;

3) must not, without a written consent of the publisher, transfer or grant the third persons the

right to a work or part thereof, stipulated in the agreement, i.e. must not permit the use of the work

in the same manner within the period of time set in the agreement, and if such period of time is not

set in the agreement – within three years from the date of the publication of the work.

Article 48. Amount and Procedure of Payment of Remuneration under a Copyright

Agreement

1. The amount of remuneration payable under a copyright agreement shall be determined by

an agreement between the parties, unless otherwise provided for by the Law.

2. Author’s remuneration determined by the agreement shall be calculated as a certain

percent of the revenue obtained by the user for each mode of use of the work, as a lump sum or in

any other way specified by the agreement. The parties to an agreement may provide for an advance

payment of the whole or part of remuneration.

3. If the amount of remuneration is calculated as a certain percent of the revenue obtained for

each mode of use of the work, the author or any other owner of copyright shall have the right to get

information on the extent of use of the work, agreements concluded by the user and his revenues

obtained from the use of the work.

Article 49. Inheritance of Economic Rights of Authors and Procedure for the Protection

of Moral Rights of Authors

1. Economic rights of authors shall be inherited by the operation of law or by testamentary

succession.

2. The author shall be entitled to designate a person to whom he entrusts the protection of his

moral rights according to the same procedure which is applied for the designation of the executor of

the will. In the absence of such instructions, an author’s moral rights shall be protected by his heirs.

In the absence of any heirs, as well as after the expiry of author’s economic rights, as provided for in

this Law, the protection of author’s moral rights shall be executed by an institution authorised by the

Government.

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Article 50. Alienation of the Right of Ownership in a Work

1. Copyright in a work shall not be related to the right of ownership in the material

expression in which the work is embodied. If the author or other owner of copyright alienates the

right of ownership in the material expression of the work, he shall not be deemed to have transferred

his economic rights or to have granted a licence for the exploitation of the work, unless otherwise

provided for by an agreement.

2. The author or other owner of copyright, who has transferred his economic rights or granted

a licence for the exploitation of a work, shall not be deemed to have alienated the right of ownership

in the material expression in which the work is embodied.

CHAPTER III

RELATED RIGHTS

Article 51. Conditions for the Enforcement of Related Rights

1. Related rights shall be exercised without prejudice to the copyright in literary, artistic and

scientific works provided for in Chapter II of this Law.

2. When notifying about their related rights, producers of phonograms and/or performers

shall be entitled to place on each copy of a phonogram or on each container of a phonogram a notice

consisting of the letter P in a circle, the name (title) of the owner of exclusive related rights and the

year of the first publication of a phonogram.

3. Paragraph 2 of Article 6 of this Law shall apply mutatis mutandis to owners of the related

rights.

Article 52. Moral Rights of Performers

1. A performer, independently of his exclusive economic rights, and even after the transfer of

those rights to other persons, shall retain his moral rights in his direct (live) performance or the

fixation of his performance. A performer shall have the right to claim to be identified as the

performer in connection with any use of his performance or the fixation thereof, and to object to any

distortion or other modification of his performance or the fixation thereof, as well as other

derogatory action in relation thereto, which would be prejudicial to his honour or reputation.

2. A performer’s moral rights shall not be subject to transfer to other persons. After the death

of the performer, his moral rights shall be protected in conformity with the provisions of paragraph 2

of Article 49 of this Law.

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Article 53. Economic Rights of Performers

1. A performer shall enjoy the exclusive right of authorising or prohibiting:

1) the broadcasting, retransmission or other communication to the public of his unfixed

performance, except where the performance is itself already a television or radio broadcast;

2) the fixation of his unfixed performance;

3) reproduction of a fixation of his performance;

4) making available to the public of a fixation of his performance;

5) distribution of the original or copies of a fixation of his performance by sale, rental, lending

or any other form of transfer of ownership or possession, as well as by importing or exporting them.

2. The right referred to in subparagraphs 4 of paragraph 1 of this Article of authorising the

making available to the public of a fixation of the performance shall include its transmission by wire

or wireless means, in such a way that members of the public may access it from a place and at a time

individually chosen by them (e.g. via computer networks (the Internet) on demand or in other ways).

3. The exclusive right of distribution of a fixation of a performance or its copies, referred to

in subparagraph 5 of paragraph 1 of this Article, except for the rental and lending right concerning a

fixation of a performance or its copies, shall be exhausted within the territory of the countries of the

European Economic Area in respect of a fixation of the performance or its copies which have been

sold or otherwise transferred into the ownership within the territory of the countries of the European

Economic Area by the performer or his successor in title, or with his consent, and which have been

lawfully released for circulation within the territory of the countries of the European Economic Area.

4. When concluding an agreement concerning a audiovisual fixation of his performance with

a producer of the audiovisual work, the performer shall transfer the rights stipulated in

subparagraphs 1, 3, 4, and 5 of paragraph 1 of this Article to the producer, unless otherwise provided

for by an agreement. The amount of remuneration shall be determined by an agreement between the

parties for each individual economic right in the performance transferred (a mode of use of an

audiovisual fixation of the performance). After the transfer of the right of rental of the original

audiovisual fixation of the performance or the copies thereof to the producer of audiovisual work,

the performer shall retain the unwaivable right to receive an equitable remuneration for the rental of

the audiovisual fixation of the performance or copies thereof.

5. Where a performer transfers the right of rental of his performance fixed in a phonogram to

a producer of the phonogram by virtue of an agreement, the performer shall retain the unwaivable

right to receive an equitable remuneration for the rental of the phonogram or copies thereof.

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6. Normally the rights to a remuneration referred to in paragraphs 4 and 5 of this Article shall

be enforced through the association of collective administration of related rights. This remuneration

shall be paid by natural or legal persons to whom a producer of a phonogram or audiovisual work

transferred or granted the right to rent these phonograms, audiovisual fixations or their copies.

7. At the request of a performer or an association of collective administration of related

rights, a producer of an audiovisual work must furnish to the performer or the association of

collective administration of related rights the information necessary for the enforcement of the rights

provided for in paragraph 4 of this Article.

Article 54. Rights of Producers of Phonograms

1. The producer of a phonogram shall have the exclusive rights to authorise or to prohibit any

of the following acts:

1) reproduction of a phonogram;

2) publication of a phonogram;

3) making available to the public of a phonogram or its copies;

4) distribution of a phonogram or its copies thereof to the public by sale, rental or lending, or

any other form of transfer of ownership or possession, as well as by importing or exporting.

2. The right referred to in subparagraphs 3 of paragraph 1 of this Article of authorising the

making available to the public of a phonogram or its copies shall include its transmission by wire or

wireless means, in such a way that members of the public may access it from a place and at a time

individually chosen by them (e.g. via computer networks (the Internet) on demand or in other ways).

3. The exclusive right of distribution of a phonogram or its copies, referred to in

subparagraph 4 of paragraph 1 of this Article, except for the rental and lending right concerning a

phonogram or its copies, shall be exhausted within the territory of the countries of the European

Economic Area in respect of the phonogram or its copies which have been sold or otherwise

transferred into the ownership within the territory of the countries of the European Economic Area

by the producer of the phonogram or his successor in title, or with his consent, and which have been

lawfully released for circulation within the territory of the countries of the European Economic Area.

Article 55. Right to Remuneration for Broadcasting or Communication to the Public

1. Performers and producers of phonograms shall enjoy the right to an equitable remuneration for the

direct or indirect use of phonograms published (regardless of the place of their publication) for

commercial purposes for broadcasting, retransmission or for any communication to the public.

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The remuneration must be paid by natural or legal persons who use the phonograms or copies

thereof. The amount of remuneration and the conditions of the payment thereof shall be

determined in an agreement concluded between users of phonograms and associations of

collective administration of related rights. The amount of remuneration shall be fixed in per

cents of user’s receipts or a concrete sum of money. This remuneration shall be distributed in

equal shares between the performers and producers of phonograms, unless otherwise provided

for by the mutual agreement.

2. If producers of phonograms and associations of collective administration of related rights do not

agree on the amount of remuneration and terms of payment thereof, each of the parties may

appeal to the Council of Copyright and Related Rights of Lithuania or any other mediator

requesting to mediate in negotiations. If the parties do not accept the proposal submitted in such

negotiations, the amount and terms of payment shall be set by the court.

3. The remuneration referred to in paragraph 1 of this Article shall be collected and distributed to

performers and producers of phonograms by the association of collective administration of

related rights which administers the rights of such character on the Territory of the Republic of

Lithuania, taking into account the provisions of Chapter V of this Law.

6. The provisions of paragraph 1 of this Article shall be exercised without prejudice to the authors’

right to obtain remuneration for the use of works fixed in phonograms.

Article 56. Rights of Broadcasting Organisations

1. Broadcasting organisations shall have the exclusive rights to authorise or to prohibit any of the

following acts:

1) retransmission of their broadcasts;

2) cable retransmission of their broadcasts;

3) fixation of their broadcasts;

4) reproduction of fixations of their broadcasts;

5) communication to the public of their broadcasts, if such communication is made in places

accessible to the public against payment of an entrance fee;

6) making available to the public of fixations of their broadcasts or their copies, including

transmission via computer networks (the Internet);

7) distribution of fixations of their broadcasts or copies thereof by sale or by other transfer of

ownership or possession, as well as by importing or exporting.

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2. Cable retransmission operators, which merely retransmit the broadcasts of broadcasting

organisations, shall not have the rights provided for in paragraph 1 of this Article in respect of

the broadcasts retransmitted.

4. The exclusive right of distribution of fixations of broadcasts or its copies, referred to in

subparagraph 7 of paragraph 1 of this Article, shall be exhausted within the territory of the

countries of the European Economic Area in respect of a fixation of the broadcast or its copies

which have been sold or otherwise transferred into the ownership within the territory of the

countries of the European Economic Area by the broadcasting organisation or its successor in

title, or with his consent, and which has been lawfully released into circulation within the

territory of the countries of the European Economic Area.

Article 57. Rights of Producers of the First Fixation of an Audiovisual Work (Film)

1. A producer of the first fixation of an audiovisual work (film) shall enjoy the exclusive rights to

authorise or to prohibit any of the following acts:

1) reproduction of the fixation of an audiovisual work (film) or a copy thereof;

2) broadcasting, retransmission or other communication to the public of the fixation of an

audiovisual work (film);

3) distribution of the fixation of an audiovisual work (film) or copies thereof by sale, rental or

lending, or by other transfer ownership or possession thereof, as well as by importing and exporting;

4) making available to the public of the fixation of an audiovisual work (film) or copies

thereof, including transmission via computer networks (the Internet).

2. The exclusive right of distribution of a fixation of an audiovisual work (film) or its copies,

referred to in subparagraph 3 of paragraph 1 of this Article, except for the rental and lending

right, shall be exhausted within the territory of the countries of the European Economic Area in

respect of the fixation of an audiovisual work (film) or its copies, which have been sold or

otherwise transferred into the ownership within the territory of the countries of the European

Economic Area by the producer, his successor in title, or with his consent, and which have been

lawfully released for circulation within the territory of the countries of the European Economic

Area.

Article 58. Limitations of Related Rights

1. It shall be permitted, without the authorisation of the owner of related rights and without the

payment of a remuneration, but, where possible, indicating the source, including the author’s name,

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to use a performance, a phonogram, a fixation of an audiovisual work (film) and a broadcast of a

broadcasting organisation or fixations thereof, for:

1) temporary acts of reproduction which are transient or incidental and constitute an integral and

essential part of a technological process and whose sole purpose is to enable a transmission in a

computer network between third parties by an intermediary, or a lawful (when this is permitted by

an owner of related rights or does not restricted by this Law) use of an object of related rights to be

made, provided that such temporary acts of reproduction have no independent economic

significance;

2) reproduction, communication to the public of short extracts from objects of related rights in

reports of current events, to the extent justified by the informatory purpose to be achieved;

3) use of the objects of related rights held by libraries, by libraries of educational and research

institutions, museums or archives as well as specified in subparagraph 3 of Article 22 of this Law;

4) reproduction without seeking a direct or indirect economic or commercial advantage of an

object of related rights at libraries, educational institutions, museums or archives, with the exception

of an object of related rights communicated to the public via computer networks (on the Internet), so

that a lost, destroyed or rendered-unusable copy of the object of related rights work of the fonds and

collections of the establishments specified in this Article would be preserved or reproduced or when

it is necessary to restore a lost, destroyed or rendered-unusable copy from the permanent collection

of any other similar library, educational institution, museum or archives, if it is impossible to obtain

such a copy by other acceptable means. Repeated acts of such reproduction shall be permitted if they

are done on unrelated occasions;

5) reproduction, communication to the public, for the non-commercial purpose of illustration for

teaching or scientific research, of a short object of related rights lawfully published or

communicated to the public or an extract of such object, provided that this is related to study

programmes and does not exceed the extent justified by the purpose to be achieved;

6) public display for a non-commercial purpose of objects of related rights at concerts of formal

and non-formal education institutions and pre-school education institutions (nurseries, nursery-

kindergartens, kindergartens; also nurseries, nursery-kindergartens and kindergartens for pre-school

education of children with special needs), where such concerts constitute a part of education process

carried out by these institutions;

7) making of ephemeral recordings of objects of related rights made by broadcasting

organisations or a person acting on behalf and under the responsibility of the broadcasting

organisation by means of their own facilities and for their own broadcasts. Such recordings may be

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preserved for a period not exceeding 30 days and must be erased after their use for broadcasting.

The preservation of these recordings in state archives may, on the grounds of their exceptional

documentary character, be permitted;

8) use for a non-commercial purpose in the manner specified in Article 25 of this Law;

9) use for the purposes of public security or to ensure the proper performance or reporting of

administrative, parliamentary or judicial proceedings;

10) reproduction and communication to the public for the non-commercial purpose during

religious celebrations;

11) incidental inclusion of an object of related rights in other material;

12) use for the purpose of caricature or parody;

13) use in connection with the demonstration or repair of devices.

2. It shall be permitted, without the authorisation of an owner of related rights, for a natural person

to reproduce solely for private use and for ends that are non-commercial, not more than one copy

of performance, phonogram, audiovisual work (film) or broadcast of a broadcasting organisation.

Remuneration for reproduction of an object of related rights for private use and for ends that are

non-commercial shall be paid to owners of related rights in accordance with the procedure

established in Article 20 of this Law.

3. Limitations of related rights specified in paragraph 1 of this Article must not conflict with a

normal exploitation of the objects of the said rights and must not unreasonably prejudice the

legitimate interests of performers, producers of phonograms, producers of the first fixation of an

audiovisual work or broadcasting organisations.

5. The right of performers, producers of phonograms, producers of the first fixation of an

audiovisual work (film) and broadcasting organisations in respect of cable retransmission shall

be exercised only through associations of collective administration of related rights in

conformity with the procedure established in paragraphs 4 and 5 of Article 65 of this Law. This

provision shall not apply to the rights of a broadcasting organisation in respect of its own

broadcasts and programmes, irrespective of whether the rights concerned are its own or have

been transferred to it by other owners of copyright or related rights.

Article 59. Duration of Related Rights

1. The protection of the moral rights of performers shall be of unlimited duration. The economic

rights shall run for 50 years after the date of the performance. If a fixation of the performance is

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lawfully published or lawfully communicated to the public within this period, the economic rights of

performers shall expire:

1) 50 years from the date of the first publication or the first communication to the public of the

fixation of the performance otherwise than in a phonogram, whichever is the earlier;

2) 70 years from the date of the first publication or the first communication to the public of the

fixation of the performance in a phonogram, whichever is the earlier.

2. The rights of producers of phonograms shall run for 50 years after the fixation is made. If

during this period:

1) the phonogram is lawfully published, the rights shall expire 70 years from the date of the first

such publication;

2) the phonogram is not lawfully published, however, it is lawfully communicated to the public

within the said period, the rights shall expire 70 years from the date of the lawful communication to

the public of the phonogram.

3. The rights of broadcasting organisations shall run for 50 years after the first transmission of a

broadcast, irrespective of whether this broadcast is transmitted by wire or over the air, including by

cable or satellite.

4. The rights of producers of the first fixation of an audiovisual work (film) shall run for 50 years

after the fixation is made. If the audiovisual work (film) is lawfully published or lawfully

communicated to the public during this period, the rights shall expire 50 years from the date of the

first such publication or the first such communication to the public, whichever is the earlier.

5. The duration specified in this Article shall be calculated from the first day of January of the

year following the juridical fact which gives rise to the calculation of the duration.

Article 591. Right of Performers to Terminate Contracts on Transfer or Assignment of

Rights

1. If, 50 years after the phonogram was lawfully published or, failing such publication, 50

years after it was lawfully communicated to the public, the phonogram producer or his successor in

title does not offer copies of the phonogram for sale in sufficient quantity or does not make it

available to the public, by wire or wireless means, in such a way that members of the public may

access it from a place and at a time individually chosen by them, the performer may, in accordance

with paragraph 2 of this Article, terminate the contract on transfer or assignment of the rights.

2. The contract on transfer or assignment of the rights may be terminated if the phonogram

producer or his successor in title, within a year from the date of dispatch of the written notification

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by the performer of his intention to terminate the contract, fails to carry out any of the acts of

exploitation referred to in paragraph 1 of this Article. Where a phonogram contains the fixation of

the performances of a group (choir, ensemble, orchestra, etc.), the right to terminate its contract on

transfer or assignment of the rights shall be implemented by a representative authorised by the

group, and in the absence of authorisation to terminate the contract on transfer or assignment of the

rights, by the leader of the group.

3. The right of performers to terminate a contract on transfer or assignment of the rights

specified in paragraph 1 of this Article may not be waived. Waiver agreements shall be deemed

invalid.

Article 592. Entitlement of Performers to Supplementary Remuneration for Use of a

Phonogram

1. 50 years after the lawful publication of the phonogram or, failing such publication, 50

years after its lawful communication to the public, the performers shall become entitled to an annual

supplementary remuneration from the phonogram producer or his successor in title for the

reproduction, distribution and making available of a fixation of his performance in a phonogram, by

wire or wireless, in such a way that members of the public may access it from a place and at a time

individually chosen by them, if the contracts on transfer or assignment of the rights concluded by the

performers or phonogram producers provide for a one off remuneration to the performers for the

transfer or assignment of the rights to the phonogram producers.

2. The overall amount to be set aside by phonogram producers or their successors in title for

payment of the annual supplementary remuneration to performers shall annually correspond to 20 %

of the revenue which the phonogram producers or their successors in title derived from any of the

acts of exploitation referred to in paragraph 1 of this Article, during the year preceding that in which

this annual supplementary remuneration is paid. Calculation and payment of the annual

supplementary remuneration shall not be affected by any advance payments or deductions defined

by a phonogram producer or his successor in title in the contract of the performer and the phonogram

producer or his successor in title regarding the use of a fixation of the performance in a phonogram.

Phonogram producers or their successors in title must provide to performers, at their written request,

any information which may be necessary in order to secure payment of the annual supplementary

remuneration.

3. Phonogram producers or their successors in title shall pay the supplementary remuneration

due to performers once a year, following the end of the year in which the relevant fixations of the

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performance in phonograms were used in accordance with the procedure laid down in paragraph 1

of this Article. This remuneration shall be collected, distributed and paid to performers by a

responsible association of collective administration of copyright appointed by the institution

authorised by the Government. The procedure for collecting, distributing and paying the

supplementary remuneration due to performers shall be laid down by the Government or an

institution authorised by it.

4. The right to obtain the supplementary remuneration referred to in paragraph 1 of this

Article may not be waived by the performer. Waiver agreements shall be deemed invalid.

Article 60. Transfer of Economic Rights and Grant of Licences

1. Economic rights of performers provided for in paragraph 1 of Article 53 of this Law may be

transferred by an agreement, by testamentary succession or in accordance with other procedure

prescribed by law.

3. Economic rights of producers of phonograms, broadcasting organisations and producers of the

first fixation of an audiovisual work (film) may be transferred by an agreement or in accordance

with other procedure established by law.

5. Economic rights of performers, producers of phonograms, broadcasting organisations and

producers of the first fixation of an audiovisual work (film) in respect of objects of related rights

may be granted by a licensing agreement.

7. Provisions of Articles 38 – 46, 48 and 50 of this Law shall apply in respect of agreements for the

transfer of related economic rights and licensing agreements for the grant of economic rights.

8. Where a work is performed by a group (choir, ensemble, orchestra, group of actors, etc.), an

agreement for the transfer of performer’s economic rights and a licensing agreement shall be

concluded by a representative authorised by the group. In the absence of such authorisation, an

agreement may be concluded by the leader of the group.

6. Where a performer performs a work in the execution of his duties or following the instructions

given by his employer, the performer’s economic rights provided for in paragraph 1 of Article 53 of

this Law shall be transferred to the employer for a period of five years, unless otherwise provided

for by an agreement.

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CHAPTER IV

RIGHTS OF MAKERS OF DATABASES

(SUI GENERIS RIGHT)

Article 61. Rights of Makers of Databases

1. The maker of a database who shows that he has made a substantial qualitative and/or quantitative

(intellectual, financial, organisational) investment in obtaining, arrangement, verification and

presentation of the contents of that database shall have the right to prohibit the following acts:

1) permanent or temporary transfer of all or a substantial part of the contents of a database to

another medium by any means or in any form;

3) any form of making available to the public of all or a substantial part of the contents of a

database by the distribution of copies, by renting them, by transmitting all or a substantial part

of the contents of a database via computer networks (the Internet) or any other mode of

transmission.

2. The rights of makers of databases referred to in paragraph 1 of this Article may be transferred to

other persons under the agreement, hereditary succession or in accordance with other procedure

prescribed by law.

4. The rights of makers of databases shall be protected without prejudice to copyright in the making

of a database and to copyright or related rights in the works or objects of related rights contained

in the database.

6. The right of distribution of copies of a database, with the exception of the rental right, shall be

exhausted in respect of the copies of the database, which have been sold or otherwise transferred

into the ownership by the maker of the database or with his consent, and which have been

lawfully released into circulation within the territory of the countries of the European Economic

Area.

Article 62. Rights and Obligations of Lawful Users of Databases

1. The maker of a database which is lawfully made available to the public in whatever manner may

not prevent lawful users of the database from extracting and re-utilising insubstantial parts of its

contents, evaluated qualitatively and/or quantitatively, for any purposes whatsoever.

3. Where a lawful user is authorised to use only certain parts of the database, the provisions of

paragraph 1 of this Article shall apply only to those parts of the database.

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5. A lawful user of a database which is lawfully made available to the public in whatever manner

may not perform acts which conflict with normal exploitation of the database or unreasonably

prejudice the legitimate interests of the maker of the database.

7. A lawful user of a database which is lawfully made available to the public in any manner must not

cause prejudice to the rights of the owners of copyright and related rights in respect of works or

subject matter contained in the database.

9. Any agreements contrary to paragraphs 1 - 4 of this Article shall be null and void.

Article 63. Limitations of Rights of Makers of Databases

1. A lawful user of a database which is made available to the public in whatever manner may,

without the authorisation of its maker, extract or re-utilise a substantial part of its contents:

1) in the case of extraction for private purposes of the contents of a non-electronic database;

2) in the case of extraction for the purpose of illustration for teaching or scientific research in

various fields, as long as the source is indicated and to the extent justified by the non-commercial

purpose to be achieved;

3) in the case of extraction and re-utilisation for the purposes of public security or security of

the State or administrative or judicial proceedings.

2. Repeated and systematic extractions and reutilization of small parts of the contents of a database

shall be prohibited where such acts conflict with a normal exploitation of that database or

unreasonably prejudice the legitimate interests of the maker thereof.

Article 64. Term of Protection of Databases

1. The rights of makers of databases provided for in Article 61 of this Law shall run for 15 years

from the date of completion of the making of the database. If the database is made available to

the public in whatever manner within this period, the rights of the maker of the database shall

expire 15 years after the date of its making available to the public.

3. Any substantial change, evaluated qualitatively or quantitatively, to the contents of a database,

including any changes resulting from the accumulation of successive additions, deletions or

alterations, which may be considered to be a substantial new investment, evaluated qualitatively

or quantitatively, shall qualify the database resulting from that investment for its own term of

protection.

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5. The term of protection of a database shall be calculated from the first day of January of the year

following the date of completion or the date when the database was first made available to the

public.

CHAPTER V

COLLECTIVE ADMINISTRATION OF

COPYRIGHT AND RELATED RIGHTS

Article 65. Scope of Application of Collective Administration of Copyright and Related

Rights

1. Authors, performers, producers of phonograms, broadcasting organisations and other owners of

copyright and related rights shall have the right to give the authorisation for the enforcement of

their economic rights to associations of collective administration of copyright and related rights

(hereinafter referred to as “collective administration associations”) established for this purpose.

3. Collective administration of rights may be applied in the following spheres:

1) public performance of musical and literary works in any manner or form;

2) broadcasting, retransmission, other communication to the public of literary and artistic

works (including background music), as well as making available to the public of objects of

copyright and related rights via computer networks (the Internet);

3) resale of original works of art and manuscripts of literary or musical works;

4) cable retransmission of works and objects of related rights, except where they constitute a

cable retransmission operator’s own programmes;

5) reproduction of musical and literary works in sound recordings (phonograms), reproduction

of literary, musical and other artistic works in audiovisual fixations (audiovisual works);

6) broadcasting, retransmission or other communication to the public of phonograms

published for commercial advantage (including background music);

7) rental and lending of works and objects of related rights, except for computer programmes

and databases;

8) collecting of remuneration, specified in paragraph 4 of Article 11, paragraph 4 of Article

15, and paragraphs 4 and 5 of Article 53 of this Law, for the transfer of the exclusive right to rent a

work or an object of related rights, or their copies;

9) reproduction of works of fine and applied art, photographs, charts and drawings in

publications and advertising material;

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10) reproduction on paper of works by means of reprography (effected by the use of any kind

of photographic technique or by some other process having similar effects);

11) lending of books and other publications in libraries;

12) public display of works;

13) reproduction for private use of audiovisual works or works fixed in phonograms,

14) other ways of exploitation of works or objects of related rights under agreements on

collective administration of rights.

3. The rights provided for in subparagraph 4, 6, 10, 11, and 13 of paragraph 2 of this Article may

only be enforced by way of collective administration.

4. In the case where an owner of copyright or related rights has not authorised any collective

administration association to enforce his exclusive right to permit cable retransmission of a

work or an object of related rights, it shall be considered that such authorisation is held by the

collective administration association which administers the rights of such character on the

territory of the Republic of Lithuania. Such owner of copyright or related rights shall enjoy the

same rights and obligations under agreements concluded by cable retransmission operators and a

collective administration association as other owners of the rights which have granted such

authorisation to the said association. If the exclusive rights to cable retransmission of works or

objects of related rights are administered by more than one collective administration association,

an owner of copyright or related rights may determine which of the said associations shall be

considered as the one authorised to administer his rights.

5. Cable retransmission operators and collective administration associations shall, by way of

negotiations, agree on the granting of the rights in cable retransmission of works. If the parties

to the negotiations fail to reach an agreement and to conclude an agreement concerning the

rights to cable retransmission, each of them may appeal to the Council of Copyright and Related

Rights of Lithuania or any other mediator, requesting mediation in the negotiations on the

conclusion of an agreement. It shall be prohibited to terminate negotiations between the parties

without valid reason, as well as to prevent individual owners of rights to participate in the

negotiations.

Article 66. Collective Administration Association

1. A collective administration association shall be established on the basis of a voluntary

membership as an association of authors, performers, producers of phonograms, broadcasting

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organisations and other owners of copyright and related rights or their unions. A collective

administration association shall be a non-profit organisation.

3. A procedure for the establishment, registration, management, operation, reorganisation and

liquidation of a collective administration association shall be regulated by this Law and by the

Law on Associations.

5. Collective administration associations shall not have the right to engage in commercial activities.

Article 67. Tasks and Functions of Collective Administration Associations

A collective administration association, on behalf of authors and owners of related rights

whom or which it represents, and on the basis of the signed agreements concerning collective

administration of rights, shall fulfil the following functions:

1) granting of non-exclusive licences to users for the exploitation of works or objects of

related rights;

2) collection and recovery of remuneration for the exploitation of works or objects of related

rights under the granted non-exclusive licences;

3) distribution and paying out of collected remuneration among the owners of copyright and

related rights it represents;

4) defending the rights of owners of copyright and related rights it collectively administers,

without any special authorisation in court and other institutions;

5) fulfilment of any other functions of collective administration of rights in compliance with

agreements for collective administration of copyright and related rights.

Article 68. Methods of Operation of Collective Administration Associations

1. Decisions concerning the methods and rules for the collection and distribution of the

remuneration, the amount of deductions from the remuneration for covering the costs of

collective administration, as well as other important aspects of collective administration of

rights, shall be taken by the general meeting of the members of a collective administration

association (the conference).

3. The amount of remuneration payable under a licensing agreement for the right to use a work or

any object of related rights shall be determined by a common agreement between collective

administration associations and users. If no agreement is reached between the collective

administration association and the user, any of the parties may apply for the mediation in their

negotiations with regard to the amount of remuneration and the payment conditions thereof.

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5. Without the authorisation of the authors or other owners of copyright and related rights, whose

rights are administered by the association, the collective administration association may not use

the collected remuneration for the purposes (cultural, social or financing of advertising

activities) other than the purposes of covering the actual costs of the administration of rights

involved and distribution of the remuneration.

7. The remuneration collected by collective administration associations must, after the deduction of

the actual costs of collective administration of rights as well as costs for the collection and

distribution of remuneration, be distributed among the authors and other owners of copyright

and related rights in the most possible proportion to the actual use of their works and objects of

related rights.

10. Members of collective administration associations shall have the right to receive regular

exhaustive information on all the activities of the collective administration association,

exploitation of their works and other objects of related rights, the remuneration collected and the

remuneration due (the procedure for the collection, distribution and payment of the

remuneration), as well as other information related to the enforcement of their rights.

Article 69. Collective Administration of the Rights of Foreign Owners of Copyright and

Related Rights

1. Collective administration associations shall enforce the rights of foreign owners of copyright and

related rights on the territory of the Republic of Lithuania on the basis of bilateral and

multilateral agreements concluded with respective foreign collective administration associations

authorised to represent these owners, or on the grounds of direct membership of foreign owners

of copyright or related rights in Lithuanian collective administration associations.

3. When implementing the rights of owners of copyright and related rights specified in paragraph 1

of this Article, Lithuanian collective administration associations must treat foreign authors and

owners of related rights in the same manner they treat the authors and owners of related rights -

members of collective administration associations who are citizens of the Republic of Lithuania

or natural persons permanently residing in the Republic of Lithuania, or legal persons the

headquarters of which are located in the Republic of Lithuania.

5. Lithuanian collective administration associations shall ensure the right of foreign collective

administration associations and the authors or owners of related rights represented by them to

receive regular information on the collective administration of their rights in Lithuania (use of

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works or objects of related rights, remuneration collected) and other information related to the

enforcement of their rights.

Article 70. Rights and Obligations of Users of Works and Objects of Related Rights

1. Users of works or objects of related rights shall have the right to receive information from

collective administration associations concerning the authors or owners of related rights

represented, as well as information on the agreements concluded between collective

administration associations with the respective foreign organisations.

3. The users of works or objects of related rights must:

1) to create conditions for the representatives of collective administration associations full

access to the information necessary for the fulfilment of the functions of collective administration of

rights;

2) to provide collective administration associations with all information concerning the

legitimacy of the use of works or objects of related rights, as well as information necessary for the

collection and distribution of remuneration;

3) not later than 3 days before the exploitation of works or objects of related rights to apply to

a collective administration association with the request for a licence to use works or objects of

related rights in an appropriate manner.

Article 71. Institution Authorised by the Government in the Sphere of Copyright and

Related Rights

1. An institution authorised by the Government shall implement the State policy in the sphere of

copyright and related rights and shall coordinate the protection of such rights within the limits of

its competence.

3. The institution authorised by the Government shall perform the following functions:

1) to generalise the practice of the application of the laws and other legal acts in the field of

copyright and related rights and to submit proposals regarding the drafting of laws and other

legal acts as well as the amending and supplementing of the legal acts in force;

3) to draft laws and other legal acts regulating the protection of copyright and related rights which

are submitted to the Government;

5) to implement the provisions of international multilateral conventions and treaties for the

protection of copyright and related rights;

7) to represent the Government in the World Intellectual Property Organisation;

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9) to exercise the supervision of associations of collective administration of copyright and related

rights;

11) at the request of associations of collective administration of rights and (or) users of works and

objects of related rights, to mediate in the negotiations concerning the conclusion of

agreements;

13) in the cases provided for by this Law, to protect the moral rights of authors and performers;

15) to provide legal consultations and methodological assistance to collective administration

associations and associations of users of works and objects of related rights, law enforcement

institutions which ensure the protection and enforcement of copyright and related rights;

17) to systematise legal acts regulating copyright and related rights;

19) to organise seminars, conferences, practical studies on the issues of the implementation and

enforcement of copyright;

21) to liaise and co-operate with foreign institutions and international organisations operating in

the field of intellectual property rights.

3. When implementing the goals and functions assigned to it, the institution authorised by the

Government shall have the right to obtain necessary information from state and municipal

institutions, enterprises, establishments and organizations on the issues relating to the protection and

enforcement of copyright and related rights as well as any other information necessary for the

implementation of its goals.

Article 711. Supervision of Activities of Associations of Collective Administration of

Copyright and Related Rights

1. The institution authorised by the Government shall supervise activities of associations of

collective administration of copyright and related rights. This institution must supervise that

collective administration associations perform adequately the functions and duties set to them by this

Law.

2. When supervising activities of associations of collective administration of copyright and

related rights, the institution authorised by the Government shall have the right:

1) to participate through a representative in meetings (conferences) of members of such

associations as well as in sittings of the management body of such associations (without the right to

vote);

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2) to request to furnish a set of financial statements and an audit report of the association for

the previous financial year, approved by the general meeting (conference); to receive explanations

regarding the facts or figures presented in the documents;

3) when necessary to request to furnish other information necessary to determine whether or

not activities of the collective administration association comply with the provisions of this Law and

the statutes of the collective administration association;

4) to receive information about court decisions and judicial proceedings in which the

collective administration association has participated as a party to the proceedings;

5) to receive information about the overall amounts of collected remuneration, the overall

amounts of distribution of remuneration to owners of copyright and related rights, the sums

deductions designated to cover the costs pertaining to collective administration of rights and

collecting and distribution of remuneration.

3. Collective administration associations must submit to the institution authorised by the

Government the following:

1) information about a meeting (conference) of the members which is being convened: the

date, venue and agenda, drafts of documents and decision related to the agenda. Information is

usually submitted fourteen days prior to the convocation of a meeting (conference);

2) copies of their statutes and amendments thereof;

3) copies of decisions on rules and methods of the collecting and distribution of the

remuneration; copies of decisions on amounts of deductions from the remuneration, designated to

cover the costs pertaining to collective administration;

4) copies of resolutions of a general meeting (conference) of the collective administration

association;

5) copies of all bilateral and multilateral agreements concerning the administration of rights

of foreign owners of copyright and related rights, if so requested by the institution authorised by the

Government;

6) data on the governing bodies of collective administration associations and their members, if

so requested by the institution authorised by the Government.

4. When performing the functions of the supervisory institution, the institution authorised by

the Government shall be fully responsible for the safeguarding of the received confidential

information.

5. If in the course of supervision of activities of the collective administration association in

accordance with the procedure laid down by the law the institution authorised by the Government

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establishes that the activities of the collective administration association do not comply with this

Law or the requirements of the statutes of the collective administration association, it may approach

the participants of the collective administration association so that they resolve an issue concerning

the suitability of the governing bodies to carry out the duties assigned to them and, if necessary, the

said institution may take other measures provided for in laws to ensure the adequate activities of the

collective administration associations.

Article 72. Council of Copyright and Related Rights of Lithuania

1. The Council of Copyright and Related Rights of Lithuania (hereinafter referred to as the

“Council”) is a public institution, which, as an expert and consultant, shall investigate issues

related to the implementation of the provisions of this Law and international obligations of the

Republic of Lithuania in the field of copyright and related rights and shall submit conclusions

and proposals to the institution authorised by the Government.

3. The Council shall consist of 15 members. Council members shall be appointed by an institution

authorised by the Government, in compliance with the principles of equal representation of

holders, users of copyright and related rights and independent members, and taking into

consideration proposals submitted by holders, users of copyright and related rights, associations

of collective administration of rights, institutions of science and studies, and other interested

persons. Scientists and other specialists in copyright and related rights.

5. The members of the Council shall be appointed for a two-year term. The institution authorised by

the Government shall approve the composition and regulations of the Council, and render its

organisational-technical servicing.

7. The Council shall:

1) render conclusions and proposals to the institution authorised by the Government on the

issues specified in paragraph 1 of this Article;

2) mediate in the negotiations between collective administration associations and users of

copyright works and objects of related rights concerning the copyright licensing agreements, the

remuneration rates and the procedure of payment thereof, except the cases when a remuneration and

the procedure for payment thereof is established by the Government;

3) at the common request of collective administration associations and users of copyright

works and objects of related rights, settle disputes concerning exploitation of works or objects of

related rights as well as infringement of copyright and related rights.

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5. The Council shall approve the rules pertaining to the mediation in negotiations and settlement of

disputes, specified in subparagraphs 2 and 3 of paragraph 4 of this Law. If the parties do not

accept a proposal on the granting of copyright or related rights, submitted by the Council or

other mediator during the negotiations, licensing conditions shall be established by the court.

6. Decisions of the Council taken in relation to the disputes concerning the use of works and objects

of related rights shall not prevent the parties from applying to the court according to the

procedure prescribed by law.

CHAPTER VI

ENFORCEMENT OF COPYRIGHT, RELATED RIGHTS

AND SUI GENERIS RIGHTS

Article 73. Infringement of Copyright, Related Rights and Sui Generis Rights

The acts which infringe any copyright, related rights and sui generis rights, protected by this Law

and other laws, shall be deemed to be the infringement of copyright, related rights and sui generis

rights.

Article 74. Technological Measures

1. For the enforcement or protection of the rights laid down in this Law, owners of copyright,

related rights or sui generis rights may use effective technological measures (any technology, device

or component) that, in the normal course of their operation, are designed to prevent or restrict acts,

in respect of objects of copyright, related rights or sui generis rights, which are not authorised by the

owners of copyright, related rights or sui generis rights.

2. Technological measures shall be deemed effective where the use of a protected object of

copyright, related rights or sui generis rights is controlled by the owners of the rights through

application of an access control or protection process (as encryption, scrambling or other

transformation of the object of the rights) or a copy control mechanism, which achieves the

protection objective. Such technological measures must not prevent the normal operation of

electronic equipment and its technological development.

3. The circumvention of any effective technological measures, which the person concerned

carries out in the knowledge, or with reasonable grounds to know, that he seeks to circumvent the

technological measures applied by the owners of copyright, related rights or sui generis rights, shall

be regarded as violation of technological measures.

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4. The following acts related to the circumvention of any effective technological measures shall

be regarded as violation:

1) the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or

possession for commercial purposes of devices, products or components which are primarily

designed, produced or adapted for the purpose of enabling or facilitating the circumvention of, any

effective technological measures, or which have only a limited commercially significant purpose or

use other than to circumvent;

2) the provision of services related to the circumvention of technological measures.

5. Paragraphs 3 and 4 of this Article shall not apply to the development or use of any means of

circumventing a technological measure that is necessary to enable acts set out in paragraph 2 of

Article 30, and Article 31 of this Law.

6. Paragraphs 3 and 4 shall also apply to technological measures which are designed to ensure the

right of users to benefit from the limitations set forth in paragraph 1 of Article 75 of this Law, and

which are applied voluntarily by the owners of copyright, related rights and sui generis rights.

Article 75. Limitations for Application of Technological Measures

1. When technological measures applied by owners of copyright, related rights and sui generis

rights prevent the users of such rights from benefiting from the limitations of copyright, related

rights and sui generis rights, provided for in paragraph 1 of Article 20, paragraph 1 of Article 201,

subparagraph 1 of paragraph 1 of Article 22, paragraph 1 of Article 25, Article 27, subparagraph 2

of paragraph 1 of Article 29, subparagraphs 4, 5, 7, 8 and 9 of paragraph 1 and paragraph 2 of

Article 58, and paragraph 1 of Article 63 of this Law, the users of the rights must be provided with

conditions or adequate means (i.e. decoding devices and other) enabling to use legitimately

accessible objects of copyright, related rights or sui generis rights to the extent necessary for the

users of the rights to benefit from the limitations of copyright, related rights and sui generis rights

provided for their interests.

2. Paragraph 1 of this Article shall not apply to works, objects of related rights and sui generis rights

made available to the public by way of interactive on-demand transmissions, so that members of the

public may access them from a place and at a time individually chosen by them. Conditions of the

provision of such services shall be set in agreements.

3. The owners of copyright, related rights and sui generis rights who desire to apply voluntary

measures ensuring the right to benefit form the limitations of copyright, related rights and sui

generis rights, provided for in paragraph 1 of this Law, must furnish information to the institution

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authorised by the Government about a measure to be applied, and other information related to the

implementation of such measure, including information about going negotiations between owners of

the rights, users of the rights and other interested persons. The institution authorised by the

Government shall have the right to appoint its representative to take part in those negotiations

4. When the owners of copyright, related rights and sui generis rights do not take measures

(i.e. do not provide with decoding devices, do not conclude agreements with the users of the rights,

etc.) which would enable the users to benefit from the limitations specified in paragraph 1 of this

Article, the users of the rights who have the right to benefit from such limitations, may apply to the

Council for mediation in such dispute. The mediator(s) shall present proposals and help the parties

to reach agreement. If the parties do not accept a proposal of the mediator(s), the dispute shall be

settled by Vilnius regional court.

Article 76. Violation of Rights-Management Information

Violation of rights-management information shall be the removal or alteration of any rights-

management information without permission of the owner of the rights; as well as distribution,

importation with the aim of distributing, broadcasting, communication to the public or making

available to the public of objects of copyright, related rights and sui generis rights in which the

rights-management information has been removed or altered without permission, when the person

knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or

concealing an infringement of the rights protected under this Law.

Article 77. Remedies for Infringement

1. Owners of copyright, related rights and sui generis rights, with the aim of defending their rights,

licensees of exclusive rights, with the aim of defending the rights assigned to them, as well as

associations of collective administration of the rights, with the aim of defending the

administered rights, shall be entitled to apply, in the manner prescribed by law, to court to

demand:

1) recognition of rights;

2) injunction with the aim of prohibiting the continuation of unlawful acts;

3) prevention from carrying out acts because of which the rights may be actually infringed or

damage may be actually caused;

4) redress of the infringed moral rights (injunction to make appropriate amendments, to

announce the infringement in the press, or any other way);

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5) exaction of unpaid remuneration for unlawful use of a work, objects of related rights or sui

generis rights;

6) compensation for property damage, including the lost income and other expenses, and in

the cases provided for in Article 84 – non-pecuniary damage, as well;

7) payment of compensation;

8) application of other measures for defence of the rights, provided for by this and other laws.

2. Seeking to ensure the enforcement of an injunction to continue the unlawful acts, as well as an

injunction to prevent any acts because of which the rights may be actually infringed or damage

may be actually caused (subparagraphs 2 and 3 of paragraph 1 of this Article), the court may, at

the request of the persons who are entitled to make such demands, obligate an infringer to lodge

adequate assurance intended to ensure compensation for any possible damage.

3. Where the person, against whom an injunction aimed at prohibiting the continuation of the

unlawful acts is issued or who is liable to be subject to the corrective measures referred to in

Article 82 are applied, acted unintentionally and without negligence, the court may, at the

request of the said person, order pecuniary compensation to be paid to the injured party instead

of applying the measures provided for in paragraph 1 of this Article, if execution of the

measures in question would cause him disproportionate harm and if pecuniary compensation to

the injured party appears reasonably satisfactory. It shall be considered that a person, who has

paid pecuniary compensation, acquires the right to exploitation of a work, an object of related

rights or sui generis rights.

Article 78. Right to Apply for an Injunction against Intermediaries

1. When defending their rights, owners of copyright, related rights and sui generis rights

shall have the right to apply for an injunction against an intermediary, with the aim of prohibiting

him from rendering services in a network to third parties who make use of these services infringing a

copyright, related right or sui generis right. An injunction to render the said services shall encompass

suspension of a transmission of information related to the infringement of copyright, related rights or

sui generis rights or elimination of such information, if an intermediary have technical means to

carry this out, or removal of the access to information infringing copyright, related rights or sui

generis rights.

2. An intermediary referred to in paragraph 1 of this Article shall be a natural or legal person,

including a branch or an affiliate of a foreign legal person, registered in the Republic of Lithuania,

which provides network services, consisting of a transmission of information, submitted by third

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parties, in a network or providing of a possibility to use a network and (or) storing of the submitted

information.

Article 79. Right of information

1. In the context of proceedings concerning an infringement of the rights protected under this

Law and in response to a proportionate request of the claimant, the court may, during the

proceedings, order that information on the origin and distribution networks of copies of the works,

other objects of the rights protected under this Law, goods or services which infringe copyright,

related rights or sui generis rights be immediately provided by the person, especially:

1) the names and addresses of the manufacturers, distributors, suppliers and other previous

holders of the works, copies of other objects of the protected rights, goods (services), as well as the

intended wholesalers and retailers;

2) information on the quantities of manufactured, delivered, received or ordered works, other

objects of the protected rights, goods, as well as the price obtained or due for the goods or services in

question;

3) information on the exploited works and objects of related rights or sui generis rights, the

scope and duration of their exploitation, income received by the users and other information

necessary for calculation of remuneration.

2. Infringers of the rights protected under this Law, other persons who possess for commercial

purposes the goods and copies of works, other objects of the protected rights, which infringe the

rights protected under this Law, who were found to be using on a commercial scale the services

infringing the rights protected under this Law or who were found to be providing on a commercial

scale services used by third persons in activities infringing the rights protected under this Law, as

well as those indicated by the above mentioned persons as being involved in the manufacture or

distribution of the goods or copies of works, other objects of the protected rights, which infringe the

rights protected under this Law, or the provision of the services, infringing the rights defined by this

Law, may be ordered to provide information referred to in this paragraph, without prejudice to the

provisions which afford an opportunity for refusing to provide information which would force the

person to admit to his own participation or that of his close relatives in an infringement of the rights

protected under this Law and govern the protection of confidentiality of information sources or the

processing of personal data.

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Article 80. Evidence

1. The court may, on application by a party which has presented reasonably available

evidence sufficient to support its claims, and has, in substantiating those claims, specified evidence

which lies in the control of the opposing party, order in accordance with the procedure laid down in

the Code of Civil Procedure that such evidence be presented by the opposing party, subject to the

protection of confidential information. A reasonable sample of a substantial number of products shall

be considered by the court to constitute reasonable evidence of an infringement of the rights

protected under this Law.

2. Under the conditions specified in paragraph 1 of this Article, in the case of an infringement

of the rights defined by this Law, committed on a commercial scale, the court may, in accordance

with the procedure laid down by the Code on Civil Procedure, order the communication of banking,

financial or commercial documents under the control of the opposing party, subject to the protection

of confidential information. In the event of failure to provide such evidence without valid reasons

within the time limit set by the court or refusal to permit to make use of them, the court shall be

entitled to take a decision on the basis of the evidence submitted to it.

Article 81. Provisional Measures and Measures for Preserving Evidence

1. Where there are sufficient grounds to suspect that an infringement of copyright, related

rights or sui generis rights has been committed, the court may, in accordance with the procedure laid

down by the Code of Civil Procedure, apply provisional measures necessary to prevent any

imminent infringement, to forbid the continuation of the infringements and to enforce the final

decision of the court, that is:

1) to forbid persons to commit any imminent infringement of the rights protected under this Law;

2) to order persons to discontinue, on a provisional basis, any infringement of the rights protected

under this Law;

3) to forbid an intermediary to provide services to a third party who uses these services by

infringing the rights covered by this Law;

4) to seize, to forbid the entry into or remove from the channels of commerce the goods and

copies of works, other objects of the rights protected under this Law, suspected of infringing

copyright, related rights or sui generis rights;

5) to seize the movable and immovable property of the persons allegedly infringing the rights

protected under this Law, which is possessed by the said persons or third parties, including the bank

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accounts, the means and equipment allegedly mostly used to create or manufacture goods, copies of

works, other objects of the rights of the protected rights;

6) to apply other measures defined by the Code of Civil Procedure.

2. If the applied provisional measures referred to in subparagraphs 1 and 2 of this paragraph

are infringed or such infringement continues, the court may order the alleged infringers to lodge

adequate security intended to ensure damage compensation to the person who requested the

application of provisional measures.

3. For the purpose of application of provisional measures, the court may, upon request of an

interested person, order the competent authorities to communicate bank, financial or commercial

documents, or provide appropriate access to the relevant information.

4. The court shall be entitled to require the person, who requests application of provisional

measures, to provide any reasonably available evidence in order to satisfy itself with a sufficient

degree of certainty that he or a person, for whose interests application of provisional measures is

requested, is the owner or user of the rights protected under this Law and that the applicant's right is

being infringed, or that such infringement is imminent.

5. The court may, on application by a party who has presented reasonably available evidence to

support his claims that his rights protected under this Law has been infringed or is about to be

infringed, apply measures to preserve relevant evidence in respect of the alleged infringement, that

is:

1) the detailed description and detention of the goods and copies of works, other objects of the

protected rights, which infringe the rights protected under this Law, or only the description thereof;

2) the arrest and seizure of the goods and copies of works, other objects of the protected rights,

which infringe the rights protected under this Law, and, in appropriate cases, the materials and

implements used in the production and/or distribution of these goods, copies, and the documents

relating thereto.

3) the application of other provisional measures covered by the Code on Civil Procedure.

6. Provisional measures and measures for preserving evidence may be applied without the

defendant having been informed and heard, in particular where any delay is likely to cause

irreparable harm to the applicant or where there is a demonstrable risk of evidence being destroyed.

Where measures to preserve evidence are applied without the defendant having been informed and

heard, the defendant must be so informed without delay after the application of the measures at the

latest. Upon request of the defendant, including his request to be heard, the court may revoke the

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applied provisional measures and measures for preserving evidence, or other measures for the said

ones in accordance with the procedure laid down by the Code of Civil Procedure.

7. Where the applied provisional measures or measures to preserve evidence are revoked by

the court, or where they lapse due to any act or omission by the person who applied for the

application of such measures, or where a court’s decision comes into force stipulating that there has

been no infringement or threat of infringement of the rights protected under this Law, or the person

who applied for the application of provisional measures or measures for preservation of evidence,

does not institute, within the period determined by the court, proceedings, the defendant shall be

entitled to claim compensation for any injury caused by those measures.

8. The norms of the Code of Civil Procedure shall apply in respect of all other issues related

to application of provisional measures and measures to preserve evidence, which are not covered by

this Article.

Article 82. Corrective Measures

1. The persons referred to in paragraph 1 of Article 77 of this Law shall have the right to apply to

the court and to request to recall, to remove from the channels of commerce the goods, copies of

works, other objects of the rights protected under this Law, in such a way, that the rightholder would

not incur any injury and the protection of his rights would be safeguarded (e.g., to remake into other

goods or to apply similar measures), or to destroy copies and goods which the court has found to be

infringing the rights protected under this Law, as well as, in appropriate cases, the materials and

implements principally used in the creation or manufacture of the specified objects.

2. The measures indicated in paragraph 1 of this Article shall be applied regardless of other

claims by a person, requesting the application of such measures, for compensation of the prejudice

suffered by him as a result of the infringement of his rights. Moreover, these measures shall be

carried out unrequitedly, at the expense of the infringer, taking into account the proportionality

between the seriousness of the infringement and the remedies ordered as well as the lawful interests

of third parties.

3. When the measures referred to in paragraph 1 of this Article may be applied to the person

who acted unintentionally or without negligence, the court may, at the request of that person, apply

the alternative measures provided for in paragraph 3 of Article 77 of this Law, if such measures to

the injured party appear reasonably satisfactory.

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Article 83. Recovery of Material Damage. Compensation

1. The procedure for recovery of material damage shall be regulated by the Civil Code and

this Law.

2. When appraising the amount of damage (losses) actually caused by the infringement of the

rights protected under this Law, the court shall take into account the substance of the infringement,

the amount of the inflicted damage, lost profits as well as other expenses suffered by the owner of

copyright, related rights or sui generis rights, other important circumstances. The profits made by

the infringer may, at the request of the persons referred to in paragraph 1 of Article 77 of this Law,

be recognised as losses. Infringing copies of works or other objects of the rights protected under this

Law may be handed over to the respective owners of copyright, related rights or sui generis rights, if

so requested.

3. The amount of lost profits of the persons indicated in paragraph 1 of Article 77 of this

Law shall be set taking into account the profits that would have been received when legally using

works or other objects (taking into consideration royalties and fees which are normally paid for

lawful use of such works or other objects, or royalties and fees which are paid for lawful use of

similar works or other objects, or royalties and fees most suitable for the modes of use of a work or

any other object), as well as taking into account concrete circumstances which might have created

conditions to receive profits (works performed by owners of rights, used materials and implements,

negotiations on conclusion of agreements pertaining to the use of a work, etc.).

4. Instead of requesting compensation of damage (losses) caused by the infringement of the

rights protected under this Law, the persons specified in paragraph 1 of Article 77 of this Law may

claim:

1) compensation in the amount of up to 1 000 minimum living standards (MLS), which is set

by the court, taking into account the culpability of the infringer, his property status, causes of

unlawful actions and other circumstances relevant to the case, as well as the criteria of good faith,

reasonableness and justice; or

2) royalties or fees which would have been due if the infringer had requested authorisation to

use the works or other objects of the rights protected under this Law, and where the infringer acted

intentionally or with negligence – up to twice the amount of such royalties and fees.

5. Where the infringer did not knowingly, or with reasonable grounds to know, engage in

infringing activity, the court may, at the request of the owner of copyright, related rights or sui

generis rights, order the recovery of profits. The profits of the infringer shall be considered to be a

total that the infringer has saved and (or) received by infringing the rights protected under this Law.

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The profits of the infringer shall be determined and recovered regardless of the fact whether or not

the owner of the rights himself would have gained the similar profits. When determining the profits

of the infringer, the owner of the rights must present only the evidence, which would confirm the

gross earnings received by the infringer; the amount of the net earnings (earning after the deduction

of expenses) must be proved by the infringer himself.

Article 84. Redress of Non-pecuniary Damage

A person who has infringed personal moral rights of the author or performer, referred to in

Article 14 and Article 52 of this Law, must redress non-pecuniary damage. The amount of such

damage expressed in money shall be set by the court, in compliance with the norms of the Civil

Code, which regulate redress of non-pecuniary damage.

Article 85. Publication of Judicial Decisions

The court, which takes a decision on the infringement of the rights protected by this Law,

may, at the request of the persons referred to in paragraph 1 of Article 77 of this Law, order the

infringer to disseminate, at his own expense, the information concerning the decision, including

announcing the decision in full or in part in the mass media, or in any other way. The decision of the

court or the information about the decision may be disseminated after the coming into force of the

decision, unless otherwise established by the court. The manner of dissemination of the court

decision and the extent of the dissemination shall be defined in the decision. The owner of copyright,

related rights or sui generis right may request that the infringer pays in advance into the account,

indicated by the court, a sum of money necessary to disseminate the information concerning the

court decision or the court decision itself.

Article 86. Claims of Collective Administration Associations Filed in the Interest of

Owners of Copyright and Related Rights They Represent

1. Collective administration associations shall, in the interest of the owners of copyright or

related rights they represent, and without their separate authorisation, be entitled to file claims for

the recovery of royalties and fees from the users of works or objects of related rights, who exploit

the mentioned works or objects of related rights without a licence of a collective administration

association or without paying royalties and fees to owners of the rights.

2. An amount of compensation subject to recovery or the sum of a claim shall be set on the

basis of the rates fixed by collective administration associations for the use of works and objects of

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related rights. When works and objects of relate rights are used by communicating them to the

public, including background music, after a fact of unlawful use of works or objects of related rights

has been established, it shall be considered that they have been used at least a month, unless

otherwise proved.

3. The court, where it establishes that the works or objects of related rights have been used

without a licence of a collective administration association, shall take a decision to exact from the

user the remuneration 2 times larger than the one due under the granted licence to use a work or an

object of related rights.

4. All recovered royalties and fees shall, in accordance with the procedure established by its

regulations and remuneration payment rules, be distributed and paid by a collective administration

association to the authors or owners of related rights.

Article 87. Administrative and Criminal Liability

Administrative and criminal liability for violations of copyright, related rights and sui generis

rights shall be defined respectively by the Code of Administrative Offences and the Criminal Code.

Article 88. Application of Border Measures

Border measures provided for by legal acts of the European Union and the Republic of

Lithuania, may be applied to infringing copies of works, other objects protected under this Law,

goods infringing the rights protected under this Law, which are imported from third countries into

the Republic of Lithuania or exported from it into third countries.

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Annex I to

the Republic of Lithuania Law on

Copyright and Related Rights

BLANK AUDIO AND AUDIOVISUAL MEDIA AND DEVICES FOR WHICH

THE COMPENSATORY REMUNERATION IS PAID FOR REPRODUCTION OF

AUDIOVISUAL WORKS AND WORKS FIXED IN PHONOGRAMS FOR PRIVATE USE,

AS WELL AS THE RATES OF THE COMPENSATORY REMUNERATION

I. Blank media Compensatory

remuneration rate

1. Audiotapes

2. Videotapes

3. MiniDiscs

4. Compact discs of all types

(CD+R, CD+RW, CD-R, CD-RW)

5. Universal discs of all types

(DVD+R, DVD+RW, DVD-R, DVD-RW, DVD RAM, HD-DVD, double-

layer DVD)

6. Blu-ray discs

Note. The compensatory remuneration shall be calculated on the basis of the

price, excluding all taxes, of the first sale in the Republic of Lithuania of

devices and blank media which are specified in this Annex, produced in the

Republic of Lithuania or brought into its territory, and released for

circulation in the Republic of Lithuania for sale.

6 %

6 %

6 %

6 %

6 %

6 %

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7. Memory cards (non-integrated):

less than 1 GB

from 1 GB to 2 GB

from 2.1 GB to 4 GB

from 4.1 GB to 8 GB

from 8.1 GB to 16 GB

from 16.1 GB to 32 GB

more than 32 GB

LTL 0.50

LTL 1

LTL 2

LTL 3

LTL 5

LTL 7

LTL 10

8. USB flash drives:

less than 1 GB

from 1 GB to 2 GB

from 2.1 GB to 4 GB

from 4.1 GB to 8 GB

from 8.1 GB to 16 GB

from 16.1 GB to 32 GB

more than 32 GB

LTL 0.50

LTL 1

LTL 2

LTL 3

LTL 5

LTL 7

LTL 10

9. External and internal non-integrated solid-state drives (SSDs) and hard

disk drives (HDDs) of personal computers:

up to 250 GB

from 250.1 GB to 500 GB

from 500.1 to 1 TB

more than 1 TB

Note. 1. Compensatory remuneration must be paid for external and internal

non-integrated solid-state drives (SSDs) and hard disk drives (HDDs) with

IDE, PATA and SATA connectors, except SATA connector disks larger than

2.5 inches, generally used in personal computers.

2. Compensatory remuneration must not be paid for integrated solid-state

drives (SSDs) and hard disk drives (HDDs) of personal computers.

3. Compensatory remuneration must not be paid also for hard disk drives

(HDDs) with SCSI, iSCSI, SAS, FC, SATA, FATA connectors, except

SATA connector disks larger than 2.5 inches, generally used for servers, disk

LTL 5

LTL 8

LTL 10

LTL 15

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arrays and similar professional technical needs.

II. Devices Compensatory

remuneration rate

1. Digital and analogous audio

and video players with the

memory device and the

function of audio and video

recording (players of

audiotapes, videotapes, players

of CD, DVD, HD-DVD, Blue-

ray discs, home theatre system,

music systems, recorders, head

units, radio sets, MP3 players,

MP4 players, HD media

players and other players)

2. Mobile phones with the

memory device and the

function of audio and video

recording

3. Television sets with the

memory device and the

function of audio and video

recording

4. TV receivers (accessories)

with the memory device and the

function of audio and video

recording:

less than 1 GB

from 1 GB to 2 GB

from 2.1 GB to 8 GB

from 8.1 GB to 32 GB

from 32.1 GB to 250 GB

from 250.1 GB to 500 GB

from 500.1 GB to 750 GB

from 750.1 GB to 1 TB

more than 1 TB

LTL 1.50

LTL 3.50

LTL 5

LTL 15

LTL 20

LTL 25

LTL 30

LTL 35

LTL 40

5. Personal computers LTL 20

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New version as of 1 January 2015:

Annex I to

the Republic of Lithuania Law on

Copyright and Related Rights

BLANK AUDIO AND AUDIOVISUAL MEDIA AND DEVICES FOR WHICH

THE COMPENSATORY REMUNERATION IS PAID FOR REPRODUCTION OF

AUDIOVISUAL WORKS AND WORKS FIXED IN PHONOGRAMS FOR PRIVATE USE,

AS WELL AS THE RATES OF THE COMPENSATORY REMUNERATION

I. Blank media Compensatory

remuneration rate

(in euros)

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1. Audiotapes

2. Videotapes

3. MiniDiscs

4. Compact discs of all types

(CD+R, CD+RW, CD-R, CD-RW)

5. Universal discs of all types

(DVD+R, DVD+RW, DVD-R, DVD-RW, DVD RAM, HD-DVD, double-

layer DVD)

6. Blu-ray discs

Note. The compensatory remuneration shall be calculated on the basis of the

price, excluding all taxes, of the first sale in the Republic of Lithuania of

devices and blank media which are specified in this Annex, produced in the

Republic of Lithuania or brought into its territory, and released for

circulation in the Republic of Lithuania for sale.

6 %

6 %

6 %

6 %

6 %

6 %

7. Memory cards (non-integrated):

less than 1 GB

from 1 GB to 2 GB

from 2.1 GB to 4 GB

from 4.1 GB to 8 GB

from 8.1 GB to 16 GB

from 16.1 GB to 32 GB

more than 32 GB

EUR 0.14

EUR 0.29

EUR 0.58

EUR 0.87

EUR 1.44

EUR 2.02

EUR 2.89

8. USB flash drives:

less than 1 GB

from 1 GB to 2 GB

from 2.1 GB to 4 GB

from 4.1 GB to 8 GB

from 8.1 GB to 16 GB

from 16.1 GB to 32 GB

more than 32 GB

EUR 0.14

EUR 0.29

EUR 0.58

EUR 0.87

EUR 1.44

EUR 2.02

EUR 2.89

9. External and internal non-integrated solid-state drives (SSDs) and hard

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disk drives (HDDs) of personal computers:

up to 250 GB

from 250.1 GB to 500 GB

from 500.1 to 1 TB

more than 1 TB

Note. 1. Compensatory remuneration must be paid for external and internal

non-integrated solid-state drives (SSDs) and hard disk drives (HDDs) with

IDE, PATA and SATA connectors, except SATA connector disks larger than

2.5 inches, generally used in personal computers.

2. Compensatory remuneration must not be paid for integrated solid-state

drives (SSDs) and hard disk drives (HDDs) of personal computers.

3. Compensatory remuneration must not be paid also for hard disk drives

(HDDs) with SCSI, iSCSI, SAS, FC, SATA, FATA connectors, except

SATA connector disks larger than 2.5 inches, generally used for servers, disk

arrays and similar professional technical needs.

EUR 1.44

EUR 2.31

EUR 2.89

EUR 4.34

II. Devices Compensatory

remuneration rate

(in euros)

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1. Digital and analogous audio

and video players with the

memory device and the

function of audio and video

recording (players of

audiotapes, videotapes, players

of CD, DVD, HD-DVD, Blue-

ray discs, home theatre system,

music systems, recorders, head

units, radio sets, MP3 players,

MP4 players, HD media

players and other players)

2. Mobile phones with the

memory device and the

function of audio and video

recording

3. Television sets with the

memory device and the

function of audio and video

recording

4. TV receivers (accessories)

with the memory device and the

function of audio and video

recording:

less than 1 GB

from 1 GB to 2 GB

from 2.1 GB to 8 GB

from 8.1 GB to 32 GB

from 32.1 GB to 250 GB

from 250.1 GB to 500 GB

from 500.1 GB to 750 GB

from 750.1 GB to 1 TB

more than 1 TB

EUR 0.43

EUR 1.01

EUR 1.44

EUR 4.34

EUR 5.79

EUR 7.24

EUR 8.69

EUR 10.14

EUR 11.58

5. Personal computers EUR 5.79

Annex II to

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the Republic of Lithuania Law on

Copyright and Related Rights

REPROGRAPHIC EQUIPMENT FOR WHICH

THE COMPENSATORY REMUNERATION IS PAID FOR REPRODUCTION OF WORKS

AS WELL AS THE RATES OF THE COMPENSATORY REMUNERATION

Equipment Equipment speed Compensatory

remuneration rates

1. Black and white copiers

1.8–2.00 %

Low speed

(between 12 and 23 pages per minute)

1.8 %

Average speed

(between 24 and 45 pages per minute)

1.9 %

High speed

(between 46 and 90 pages per minute)

2.00 %

2. Colour copiers 2.7–3.00 %

Low speed

(between 12 and 23 pages per minute)

2.7 %

Average speed

(between 24 and 45 pages per minute)

2.85 %

High speed

(between 46 and 90 pages per minute)

3.00 %

3. Black and white

multifunction copiers 0.6–0.7 %

Low speed

(between 12 and 23 pages per minute)

0.6 %

Average speed

(between 24 and 45 pages per minute)

0.65 %

High speed 0.7 %

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74

(between 46 and 90 pages per minute)

4. Colour multifunction copiers

0.9–1.00 %

Low speed

(between 12 and 23 pages per minute)

0.9 %

Average speed

(between 24 and 45 pages per minute)

0.95 %

High speed

(between 46 and 90 pages per minute)

1.00 %

Note. The rate of the compensatory remuneration is fixed in percent on the price, excluding

all taxes, of the first sale in the Republic of Lithuania of reprographic equipment and blank media

which are specified in this Annex, produced in the Republic of Lithuania or brought into its

territory, and released for circulation in the Republic of Lithuania for sale.”

Annex 3 to

The Law of the Republic of Lithuania on

Copyright and Related Rights

IMPLEMENTED LEGAL ACTS OF THE EUROPEAN UNION

1. Council Directive 93/83/EEC of 27 September 1993 on the co-ordination of certain rules

concerning copyright and rights related to copyright applicable to satellite broadcasting and cable

retransmission (OJ 2004 special edition, Chapter 17, Volume 1, p. 134);

2. Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the

legal protection of databases (OJ 2004 special edition, Chapter 13, Volume 15, p. 459);

3. Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on

the harmonisation of certain aspects of copyright and related rights in the information society (OJ

2004 special edition, Chapter 17, Volume 1, p. 230);

4. Directive 2001/84/EC of the European Parliament and of the Council of 27 September

2001 on the resale right for the benefit of the author of an original work of art (OJ 2004 special

edition, Chapter 17, Volume 1, p. 240);

5. Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on

the enforcement of intellectual property rights (OJ 2004 special edition, Chapter 17, Volume 2, p.

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32);

6. Directive 2006/115/EC of the European Parliament and of the Council of 12 December

2006 on rental right and lending right and on certain rights related to copyright in the field of

intellectual property (codified version) (OJ 2006 L 376, p. 28);

7. Directive 2006/116/EC of the European Parliament and of the Council of 12 December

2006 on the term of protection of copyright and certain related rights (codified version) (OJ 2006 L

372, p. 12);

8. Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on

the legal protection of computer programs (codified version) (OJ 2009 L 111, p. 16).

9. Directive 2011/77/EU of the European Parliament and of the Council of 27 September

2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related

rights (OJ 2011 L 265, p. 1).