- OFFICIAL TRANSLATION
- CHAPTER I GENERAL PROVISIONS
- CHAPTER II COPYRIGHT
- Section 1 Subject Matter of Copyright
- Section 2 OWNERs of Copyright
- Article 6. Author
- Article 7. Joint Authorship
- Article 8. Copyright in Collective Works
- Article 9. Copyright in a Work Created in the Execution of Official Duties or Fulfilment of Work Functions
- Article 10. Copyright in Computer Programmes
- Article 11. Copyright in Audiovisual Works
- Article 12. Copyright Notice
- Section 3 Authors’ Rights
- Article 13. Commencement of the Authors’ Rights
- Article 14. Author’s Moral Rights
- Article 15. Economic Rights of Authors
- Article 16. Distribution of a Work after the First Sale or other Transfer of Ownership Rights in the Work
- Article 17. The Resale Right with Respect to an Original Work of Art or an Original Manuscript
- Article 18. Right of Making Available of Work of Fine Art and Work of Architecture
- Section 4 Limitations oN Economic Rights
- Article 19. Conditions of Limitation on Economic Rights
- Article 20. Reproduction of Works for Personal Use
- Article 21. Quotation
- Article 22. Reproduction of a Work for Teaching and Scientific Research Purposes
- Article 23. Reprographic Reproduction of Works
- Article 24. Use of a Work for Information Purposes
- Article 25. Use of a Work for the Purpose of Caricature or Parody
- Article 26. Use of a Work during Religious Celebrations
- Article 27. Use of a Work for the purposes of Public Security
- Article 28. Limitations to Copyright in Works of Architecture and Sculptures
- Article 29. Temporary Reproduction of a Work
- Article 30. Making of a Back-up Copies and Reproduction for Adaptation of Computer Programmes
- Article 31. Decompilation of Computer Programmes
- Article 32. Use of Databases
- Article 33. Display of Works
- Section 5 TermS of PROTECTION OF Copyright
- Section 6 Transfer of Authors’ Economic Rights and Granting of Licences. Copyright AGREEMENTS
- Article 38. Transfer of Authors’ Economic Rights
- Article 39. Copyright Agreements
- Article 40. Terms and Conditions of Copyright Agreements
- Article 41. Copyright Agreements for Commissioned Works
- Article 42. Form of Copyright Agreements
- Article 43. Publishing Agreement
- Article 44. Form and Terms and Conditions of a Publishing Agreement
- Article 45. Publishing of A Work as a Book
- Article 46. Publisher’s Duties under the Publishing Agreement
- Article 47. Author’s Duties under the Publishing Agreement
- Article 48. Amount and Procedure of Payment of Remuneration under a Copyright Agreement
- Article 49. Inheritance of Economic Rights of Authors and Procedure for the Protection of Moral Rights of Authors
- Article 50. Alienation of the Right of Ownership in a Work
- CHAPTER III RELATED RIGHTS
- Article 51. Conditions for the Enforcement of Related Rights
- Article 52. Moral Rights of Performers
- Article 53. Economic Rights of Performers
- Article 54. Rights of Producers of Phonograms
- Article 55. Right to Remuneration for Broadcasting or Communication to the Public
- Article 56. Rights of Broadcasting Organisations
- Article 57. Rights of Producers of the First Fixation of an Audiovisual Work (Film)
- Article 58. Limitations of Related Rights
- Article 59. Duration of Related Rights
- Article 60. Transfer of Economic Rights and Grant of Licences
- CHAPTER IV RIGHTS OF MAKERS OF DATABASES (SUI GENERIS RIGHT)
- Article 61. Rights of Makers of Databases
- Article 62. Rights and Obligations of Lawful Users of Databases
- Article 63. Limitations of Rights of Makers of Databases
- Article 64. Term of Protection of Databases
- Article 65. Scope of Application of Collective Administration of Copyright and Related Rights
- Article 66. Collective Administration Association
- Article 67. Tasks and Functions of Collective Administration Associations
- Article 68. Methods of Operation of Collective Administration Associations
- Article 69. Collective Administration of the Rights of Foreign Owners of Copyright and Related Rights
- Article 70. Rights and Obligations of Users of Works and Objects of Related Rights
- Article 71. Institution Authorised by the Government in the Sphere of Copyright and Related Rights
- Article 72. Council of Copyright and Related Rights of Lithuania
- CHAPTER VI ENFORCEMENT OF COPYRIGHT, RELATED RIGHTS AND SUI GENERIS RIGHTS
- Article 73. Infringement of Copyright, Related Rights and Sui Generis Rights
- Article 75. Limitations for Application of Technological Measures
- Article 76. Violation of Rights-Management Information
- Article 77. Remedies for Infringement
- Article 78. Right to Apply for an Injunction against Intermediaries
- Article 79. Right of information
- Article 80. Evidence
- Article 81. Provisional Measures and Measures for Preserving Evidence
- Article 82. Corrective Measures
- Article 83. Recovery of Material Damage. Compensation
- Article 84. Redress of Non-pecuniary Damage
- Article 85. Publication of Judicial Decisions
- Article 86. Claims of Collective Administration Associations Filed in the Interest of Owners of Copyright and Related Rights They Represent
- Article 87. Administrative and Criminal Liability
- Article 88. Application of Border Measures
OFFICIAL TRANSLATION
REPUBLIC OF LITHUANIA
LAW
ON COPYRIGHT AND RELATED RIGHTS
18 May 1999 No VIII-1185
Vilnius
(As new version of 5 March 2005 – No IX-1355)
(Last amended on 13 March 2008 – No X-1454)
Article 1. Revised Version of the Law of the Republic of Lithuania on Copyright and Related Rights
The Law of the Republic of Lithuania on Copyright and Related Rights shall be amended and set forth to read as follows:
“REPUBLIC OF LITHUANIA LAW ON
COPYRIGHT AND RELATED RIGHTS
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.
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 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) 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. “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.
23. “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.
24. “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.
25. “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.
26. “Work of applied art” means any hand-made or industrially made work of art, having an utilitarian function.
27. “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.
28. “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.
29. “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.
30. “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.
31. “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;
- 2)
-
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 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;
- 3)
-
authors of audiovisual works if the headquarters or habitual residence of the producer of the said works is in the Republic of Lithuania;
- 4)
-
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;
- 5)
-
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;
- 6)
-
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.
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;
- 2)
-
speeches, lectures, sermons and other oral works;
- 3)
-
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);
- 4)
-
dramatic, dramatico-musical, pantomime, choreographic and other works intended to be performed on the stage, theatrical productions, as well as scenarios and shooting scripts;
- 5)
-
musical works with or without accompanying words;
- 6)
-
audiovisual works (motion pictures, television films, television broadcasts, video films, diafilms and other works expressed by cinematographic means), radiophonic works;
- 7)
-
works of sculpture, painting and graphic art, monumental decorative art, other works of fine art and works of scenery;
- 8)
-
photographic works and other works created by a process analogous to photography;
- 9)
-
works of architecture (projects, designs, sketches and models of buildings and other construction works, as well as completed buildings and other construction works);
- 10) w
-
orks of applied art;
- 11)
-
illustrations, maps, charts, projects of gardens and parks, sketches and three-dimensional works relative to geography, topography and exact sciences;
- 12) o
-
ther works.
- 3.
-
The subject matter of copyright shall also include the following:
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:
REPUBLIC OF LITHUANIA
LAW
ON COPYRIGHT AND RELATED RIGHTS
18 May 1999 No VIII-1185
Vilnius
(As new version of 5 March 2005 – No IX-1355)
(Last amended on 13 March 2008 – No X-1454)
The Law of the Republic of Lithuania on Copyright and Related Rights shall be amended and set forth to read as follows:
“REPUBLIC OF LITHUANIA LAW ON
COPYRIGHT AND RELATED RIGHTS
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.
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.
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 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) 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. “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.
23. “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.
24. “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.
25. “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.
26. “Work of applied art” means any hand-made or industrially made work of art, having an utilitarian function.
27. “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.
28. “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.
29. “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.
30. “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.
31. “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.
1. The provisions of this Law shall apply to: 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; 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 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; authors of audiovisual works if the headquarters or habitual residence of the producer of the said works is in the Republic of Lithuania; 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; 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; 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. 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. The subject matter of copyright shall comprise the following: 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; speeches, lectures, sermons and other oral works; 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); dramatic, dramatico-musical, pantomime, choreographic and other works intended to be performed on the stage, theatrical productions, as well as scenarios and shooting scripts; musical works with or without accompanying words; audiovisual works (motion pictures, television films, television broadcasts, video films, diafilms and other works expressed by cinematographic means), radiophonic works; works of sculpture, painting and graphic art, monumental decorative art, other works of fine art and works of scenery; photographic works and other works created by a process analogous to photography; works of architecture (projects, designs, sketches and models of buildings and other construction works, as well as completed buildings and other construction works); orks of applied art; illustrations, maps, charts, projects of gardens and parks, sketches and three-dimensional works relative to geography, topography and exact sciences; ther works. The subject matter of copyright shall also include the following: 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.
Copyright shall not apply to:
Article 1. Revised Version of the Law of the Republic of Lithuania on Copyright and Related Rights
CHAPTER I GENERAL PROVISIONS
Article 1. General Provisions
Article 2. Main Definitions of this Law
Article 3. Scope of Application of the Law
CHAPTER II COPYRIGHT
SECTION 1 SUBJECT MATTER OF COPYRIGHT
Article 4. Subject Matter of Copyright
Article 5. Works not Attributed to the Subject Matter of Copyright