2003年3月5日第IX-1355号，修改版权和邻接权法， 立陶宛

LAW AMENDING THE LAW ON COPYRIGHT AND RELATED RIGHTS

5 March 2003 No. IX-1355 Vilnius

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 ofphonograms, 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. "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.
18. "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.
19. "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.
20. "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.
21. "Infringing copy" means a copy ofa 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.
22. "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.
23. "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.
24. "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.
25. "Work of applied art" means any hand-made or industrially made work of art, having an utilitarian function.
26. "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.
27. "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.
28. "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.
29. "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.
30. "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:

I) 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 ofLithuania;

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 ofLithuania;

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 ofLithuania.

1. 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.
2. 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:

I) 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) works of applied art and works not registered as industrial designs;

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

works relative to geography, topography and exact sciences;

12) other 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:

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.

1. 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 even if the work is disclosed under a pseudonym, where it leaves no doubt as to the identity of the author.
2. 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.
2. 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.
3. 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.
4. 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.
2. 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.

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.
2. 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.
2. 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.
2. 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 preexisting 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.
3. 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.
4. 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 who rent audiovisual works or their copies as the persons to whom the right to rent audiovisual works or their copies have been transferred. This right shall be implemented only through the association of collective administration of copyright.
5. 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 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 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.
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 purpose of public and State security or for the purposes of an administrative or judicial procedure.

Article 33. Display of Works

The public display of an original work of fine arts or a copy thereof shall be permitted, without the authorisation of the author or other owner of copyright, and without pursuing direct or indirect commercial purposes, if a work has been sold or its ownership has been otherwise transferred to another natural or legal person and where the author or any other owner of copyright in the work knows or has reasonable grounds to know that such a public display (exhibition) of works constitutes part of the regular economic 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 ofthe date when the work is lawfully made available to the public.
2. 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.
2. 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.
3. 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.
4. 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.

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.
2. 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 ofthe 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.

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.
2. Transfer of author's economic rights may be full or partial, subject or not subject to payment.
3. It shall not be permitted to transfer the right in all future works of an author. 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.
4. 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.
2. 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.
3. Agreements pertaining to the provision of editing, teaching, consulting, organisational and technical services or other services shall not be regarded as copyright agreements. Agreements 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 for the transfer of economic rights and a copyright licensing 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; 2) types of the authors' economic rights to be transferred or granted (mode of the exploitation
2. of a work), as well as a type of the licence (the exclusive or nonexclusive licence); 3) the territory covered; 4) the term of validity; 5) the amount of remuneration, the procedure and terms of payment; 6) dispute settlement procedure and liability of the parties; 7) other conditions considered to be important to the parties.
1. If the agreement does not specify the duration of the economic rights transferred or the licence granted, any of the parties 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 on the territory of the Republic of Lithuania.
2. 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.
3. If modes of use of a work are not stipulated in a copyright agreement, it shall be considered that the agreements is concluded only for those modes of use of the work which are necessary for the parties to achieve the purpose which is the reason of the conclusion of the agreement.

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 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. 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 over 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 use 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 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.

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

1. A publishing agreement shall be concluded in writing.

2. A publishing agreement may, apart from the terms and conditions laid down in Articles 40 and 41 of this Law, provide for 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) of the published work to be transferred to the author, and other terms and conditions.

Article 45. 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.

1. If after the expiry of one year from the first publication of a work, the second edition or additional edition is produced, the publisher must inform the author in advance so that the latter 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.
2. 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 46. 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; 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 47. 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 Article 45 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).

1. 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.
2. 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.
3. Paragraph 3 of this Article shall apply to translations of works of foreign authors into the Lithuanian and other languages.

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.

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. Unless otherwise proved, it shall be considered that a natural or legal person whose name is indicated in a phonogram in a regular manner, is a producer of such phonogram.

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.

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.

1. 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. over computer networks (the Internet) on demand or in other ways).
2. The exclusive right of distribution referred to in subparagraph 5 of paragraph 1 of this Article, except for the rental and lending of a fixation of a performance or its copies, shall be exhausted on the territory of the Republic of Lithuanian in respect of the fixation of the performance or copies of the fixation of the performance which have been sold in the Republic of Lithuania by the performer or his successor in title, or under the authorisation of any of them, and which have been lawfully released into circulation.
3. 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.
4. 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.
5. The rights to a remuneration referred to in paragraphs 4 and 5 of this Article shall be enforced only through the association of collective administration of related rights. This remuneration shall be paid by natural and legal persons who rent phonograms or audiovisual fixations as the persons to whom the right to rent the said phonograms, audiovisual fixations or their copies has been granted.
6. 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.

1. 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. over computer networks (the Internet) on demand or in other ways).
2. The right of distribution of a phonogram or copies thereof, provided for in subparagraph 4 of paragraph 1 of this Article, except for the rental and lending of a phonogram or copies thereof, shall be exhausted on the territory of the Republic of Lithuania in respect of the phonogram or the copies thereof, which have been sold in the Republic of Lithuania by the producer of the phonogram or his successor in title, or under the authorisation of any of them, and which have been lawfully released into circulation.

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. 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.
4. 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 over 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.

1. Cable retransmission operators which merely retransmit the broadcasts of broadcasting organisations, shall not have the rights provided for in paragraph I of this Article in respect of the broadcasts retransmitted.
2. The exclusive right of distribution of fixations of broadcasts or copies thereof, as referred to in subparagraph 7 of paragraph 1 of this Article, shall be exhausted on the territory of the Republic of Lithuania in respect of the fixations of a broadcast or a copy thereof, which have been sold by the broadcasting organisation or its successor in title, or under the authorisation of any of them, and which has been lawfully released into circulation in the Republic of Lithuania.

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 over computer networks (the Internet).

2. The exclusive right of distribution of the copies of the fixation of an audiovisual work (film) or copies thereof as referred to in subparagraph 3 of paragraph I of this Article, except for the rental and lending right, shall be exhausted on the territory of the Republic of Lithuania in respect of the fixation of an audiovisual work (film) or copies thereof, which have been sold by the producer, his successor in title, or under the authorisation of any of them, and which have been lawfully released into circulation in the Republic of Lithuania.

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, 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 an integral and essential part of a technological process and whose sole purpose is to enable a transmission in a 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 of short extracts from objects of related rights in reports of current events, to the extent justified by the informatory purpose;

3) use for the purpose of research or private study of the objects of related rights kept in publicly accessible libraries, educational establishments, museums or archives, by communication or making them available to the public by dedicated terminals on the premises of the said institutions, provided that the owners of related rights do not prohibit such use;

4) when reproducing an object of related rights in publicly accessible libraries, educational establishments, museums or archives, except the work made available to the public over computer networks (the Internet), not for direct or indirect commercial or economic advantage, when a copy of the work is made for the purpose of preservation or replacement of a lost, destroyed or rendered unusable copy, or for the purpose of replacement of a lost, destroyed or unfit for use copy from the permanent collection of another similar library or archive, if it is impossible to obtain such a copy by other acceptable means, and if such reproduction is a separate single act. Repeated acts of such reproduction shall be permissible if they are done on unrelated occasions;

5) making of ephemeral recordings of objects of related rights 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. Such recordings may be preserved for a period not exceeding 30 days and must be erased after their use for broadcasting. The recordings of an exceptional documentary character may be transferred to official State archives for preservation;

6) reproduction for the benefit of people with a hearing disability, which is directly related to the disability and of a non-commercial nature, to the extent required by this disability;

7) use for the sole purpose of illustration for teaching or scientific research, as criticism or review, as long as the source, including the author's name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved;

8) use for the purposes of public security or to ensure the proper performance or reporting of administrative, parliamentary or judicial proceedings;

9) reproduction and use during religious celebrations;

10) incidental inclusion of an object of related rights in other material;

11) use for the purpose of caricature or parody; 12) use in connection with the demonstration or repair of equipment.

1. It shall be permissible, without the authorisation of an owner of related rights, for a natural person to reproduce for private use and for ends that are neither directly nor indirectly commercial, not more than one copy of performance, phonogram, audiovisual work (film) or broadcast of a broadcasting organisation. Compensation for reproduction of an object of related rights for private use shall be paid to owners of related rights in accordance with the procedure established in Article 20 of this Law.
2. Limitations of related rights specified in paragraph I 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.
3. 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 or 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 rights of performers shall run for 50 years after the date of the performance. If a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights of performers shall run for fifty years from the date of the first such publication or the first such communication to the public, whichever is the earlier. The protection of the moral rights of performers shall be of unlimited duration.
2. The rights of producers of phonograms shall run for 50 years after the fixation is made. If the phonogram is lawfully published during this period, the rights shall expire 50 years from the date of the first such publication. If the phonogram is not lawfully published within 50 years after the fixation is made, however, it is lawfully communicated to the public within the said period, the rights shall expire 50 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 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.
2. 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.
3. 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.
4. 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 ofeconomic rights.
5. 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.

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;

2) 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 over computer networks (the Internet) or any other mode of transmission.

1. 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.
2. 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.
3. The exclusive right of distribution of copies of a database shall be exhausted in respect of the copies of a database, which have been sold by the maker of the database, or under his authorisation, and which have been lawfully released into circulation.

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.
2. 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.
3. 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 ofthe maker ofthe database.
4. 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.
5. 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 ofthe contents of a non-electronic database; 2) in the case of extraction for the purposes 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 and state security, an administrative or judicial procedure.

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.
2. 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.
3. 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