REPUBLIC OF LITHUANIA
LAW
ON
THE AMENDMENT AND SUPPLEMENT TO THE CIVIL CODE
OF THE REPUBLIC OF LITHUANIA
In relation to the Amendment of Chapter 4 and Chapter 5 of
the Civil Code of the Republic of Lithuania, the Seimas of the
Republic of Lithuania resolves:
to alter Chapter 4 and Chapter 5 of the Civil Code of the
Republic of Lithuania and to set them forth as follows:
CHAPTER 4
COPYRIGHT
SUB-CHAPTER 45
GENERAL PROVISIONS
Article 515. Subject Matter of Copyright
Copyright shall be applied to scientific, literary or
artistic works irrespective of their form, purpose or value, as
well as the method of reproduction.
Copyright shall apply to published or unpublished works,
expressed in any objective form which enables to reproduce the
result of the author's creative activity (manuscript, technical
drawing, painting, sculpture, photographic work, public speaking,
report, public performance, film-tape, mechanical or magnetic
recording, etc.). Copyright in a work shall not be related to the
ownership of the material object in which the work is expressed.
"A work" in copyright shall mean a result of person's
intellectual activity. The subject of copyright shall comprise
the following categories:
1) verbal works (speeches, lectures, reports, sermons,
etc.);
2) written works (literary and scientific works, diaries,
letters, etc.);
3) dramatic and dramatico-musical works, as well as musical
compositions with or without words;
4) translations;
5) scenarios, shooting scripts;
6) films for display at cinema and on television,
videofilms, other cinematographic, audiovisual or radiophonic
works, as well as radio and television programmes;
7) choreographic works and pantomimes;
8) works of painting, sculpture, architecture, graphic and
applied decorative art, design, as well as illustrations,
drawings, technical drawings, models, maquettes;
9) plans, sketches and works of plastic art related to
science and engineering or to staging a dramatic or dramatico-
musical work;
10) geographical, geological and other types of maps;
11) photographic works and works expressed by a process
analogous to photography;
12) works expressed with the help of mechanical, magnetic or
other technical means of audio-visual recording;
13) computer programmes and computer data basis; and
14) other works.
Copyright shall apply to the works of photography and works
expressed by a process analogous to photography provided that the
author's name, place and time of publishing of the work have been
indicated on every copy of the work.
Copyright shall also be applied to the works which are
produced by having made use of other works (dramatizations,
musical arrangements, collections of literary or artistic works,
encyclopaedias, anthologies, chrestomathies, reference books, the
like).
Copyright shall not apply to:
1) official documents (laws, decisions and sentences of
courts, etc.);
2) official signs and symbols (flags, coats of arms, orders,
banknote designs and the like); and
3) reports on miscellaneous events, news of the day, if such
reports are of ordinary informatory nature.
The author or his successor in title may inform the public
of his rights by using a copyright notice consisting of the
following three elements: the letter C in a circle or in round
brackets (C), the name of the author or his successor in title
and the year of first publication of the work.
Article 516. Published Works
A work shall be considered as having been published if, with
the author's consent, it has been published, displayed in public,
transmitted on radio or television, or by any other means
disseminated to an indefinite number of people.
Information about the contents of a work shall not be
considered as a work having been published.
Article 517. Copyright in Works Published on the Territory
of the Republic of Lithuania
The author or his heirs irrespective of their citizenship,
as well as other successors in title shall enjoy copyright in the
works published for the first time in the territory of the
Republic of Lithuania or unpublished, but existing in any
objective form in the territory of the Republic of Lithuania.
Article 518. Copyright in Works Published Abroad
Copyright in the work published for the first time or
existing in any other objective form abroad shall be recognized
according to international agreements of the Republic of
Lithuania.
Article 519. Rights of the Author
The author shall enjoy the right to authorship, to the
author's name, to the inviolability of a work, the right to
dispose of a work, and the right to remuneration.
The right to authorship is the right to call oneself the
creator of a given work.
The right to the author's name is the right to decide in
which manner the author's name shall be indicated in connection
with the use of the work (the name of the author, pseudonym,
without indicating the author's name - anonymously).
The right to the inviolability of a work is the right to
make or to permit to make modifications in the contents and in
the title of his work, in the manner of indicating the author's
name, as well as to permit illustrations, prefaces, forewords,
concluding remarks, commentaries or any other explanations upon
the publication of the work.
The right to dispose of a work shall comprise:
1) the right to publish or permit to publish a work;
2) the right to reproduce and distribute the copies of a
work;
3) the right to permit to perform and display a work
publicly;
4) the right to permit to make and reproduce audiovisual
recordings;
5) the right to permit to broadcast a work by radio,
television, cable television and satellite;
6) the right to translate and permit to translate and
publish translations of a work in another language; and
7) the right to adapt and permit to adapt a work and publish
the adapted work (dramatization, adaptation, arrangement and the
like).
The author shall be entitled to remuneration for the use of
his work by other persons. The amount of the author's
remuneration for the use of his work shall be determined by an
agreement between the parties, unless otherwise provided by law.
Article 520. Protection of Inviolability of Works and the
Author's Name during his Lifetime
When a work is being published, performed in public or used
in any other way, it shall be prohibited to make any
modifications in the work itself, in the title of the work and in
the manner of indicating the name of the author of the work
without the author's consent.
It shall be prohibited to put illustrations, prefaces,
forewords, concluding remarks and any other explanations into a
work under publication without the author's consent.
The author's consent given under while concluding an
author's contract may not be cancelled unilaterally.
Article 521. Protection of Inviolability of Works after the
Author's Death
The author shall have the right to authorize a natural or
legal person to protect the inviolability of his works after his
death in the same procedure as the appointment of an executor of
the will (Article 585). The said person shall carry out
authorizations lifelong.
In case such a reference is missing, after the author's
death the inviolability of his works shall be protected by his
heirs and also by the organizations authorized by the State to
protect the author's rights. The said organizations shall also
protect the inviolability of the works in the cases when there
are no heirs or the term of copyright has expired (Article 536).
Article 522. Joint Authorship
Copyright in a work created by two or more persons (joint
work) shall be enjoyed by the co-authors jointly, irrespective of
whether such a work constitutes a single unitary whole, or,
consists of parts each of which have also an autonomous meaning.
Each co-author shall enjoy copyright in the part of the joint
work created by him and having an autonomous meaning.
A part of the joint work shall be considered to have an
autonomous meaning if it can be used independently of the other
parts of that work.
Relations between the co-authors may 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 distributed among them
taking into consideration the creative contribution of each co-
author. A co-author may not refuse without reasonable grounds to
give his consent to publish or to use the work. Each co-author
shall have the right to submit claims for infringement of
copyright . He may claim damages only to all co-authors.
Article 523. Copyright in Works Created in the Course of
Employment
The author of a work created in the course of employment
shall enjoy personal non-property rights of the author.
The right to use the work only in the way set forth in an
agreement shall belong to the person under the employment task of
whose work has been created.
The amount of remuneration for the use of the work created
in the course of employment shall be specified in an agreement on
the basis of which the work has been created (author's contract,
employment contract, additional agreements).
In case the person under the employment task of whose work
has been created gives his consent, the author may acquire the
right to use the work. In such event the author shall be entitled
to remuneration according to the agreements that he has entered
into.
Article 524. Copyright of Legal Persons
In cases and within the restrictions determined by laws of
the Republic of Lithuania, legal persons can be acknowledged as a
subject matter of copyright.
Article 525. Copyright in Periodicals and other Publications
Copyright in scientific collections, encyclopaedic
dictionaries, journals or other collections as a whole shall be
enjoyed by the persons who publish them on their own or through
one of the publishing houses.
Publishers shall enjoy the right in polygraphic preparation
and design of works (books, albums and the like), prepared for
printing and published by them. Without the publishers' consent
no one has the right to reproduce these published works by means
of photography or by other means analogous to photography.
Copyright in works included into such published works shall
be enjoyed by the authors of the respective works. They may
dispose of the works belonging to them at their own discretion.
Article 526. Copyright in Cinematographic Films and
Television Films, other Audiovisual Works, Radio
and TV Programmes
Copyright in a cinematographic film and television film or
other audiovisual work shall be enjoyed by its author or co-
authors: director, scriptwriter, composer, cameraman and set
designer. Property rights shall be enjoyed by the producer of a
cinematographic film and television film or of other audiovisual
work, unless otherwise provided in the agreements between the
author and the producer.
In this Article "the producer" shall mean the person who
finances and organizes the production of a cinematographic film
or television film or other audiovisual work. The producer shall
be entitled to dispose of a cinematographic film or television
film, or other audiovisual work produced by him, unless otherwise
provided in the agreement with the authors, and may indicate his
name while using this work.
The authors of works which have autonomous meaning and are
used in a cinematographic film and television or other
audiovisual work, as well as in a television or radio programme
shall enjoy copyright each in his own work and may dispose of
their works at their own discretion irrespective of the use of a
cinematographic film and television film, or other audiovisual
work, as well as of the use of a television or radio programme.
Copyright in radio and television programmes as a whole
shall be enjoyed by the organizations which transmit them;
copyright in the works included in these programmes shall be
enjoyed by their authors.
Article 527. Copyright of Compilers of Collections
Copyright in the collections of works, that are not subject-
matter of copyright, such as laws, decisions of courts, other
official documents, works of folk art the authors of which are
unknown, ancient statements and monuments, as well as in
collections of other works, which are not under the protection of
copyright, shall be enjoyed by compilers of collections, provided
that they have originally processed and systematized the material
included in the collection.
The same right shall be enjoyed by the natural persons who
processed on their own separate works of the aforementioned kind.
This right does not prevent other natural persons from publishing
the same works if they systematize and process those works on
their own.
The compiler of a collection who has selected and
systematized the works protected by copyright may enjoy copyright
in the collection provided that he has complied with the rights
of the authors of the works.
Article 528. Use of the Author's Work by other Persons
Other persons shall be permitted to use the author's work
(including a translation into another language with the aim to
publish it) only on the basis of an agreement with the author or
his successor in title, except for the cases provided by laws.
Article 529. Translation of a Work into Another Language
Translation of a work into another language with the
intention of making it available to the public shall be permitted
only with the consent of the author or his successor in title.
Following international agreements, competent bodies of the
Republic of Lithuania may permit to translate works into the
Lithuanian language.
Article 530. Copyright of Translator
The translator shall enjoy copyright in the translation made
by him.
Article 531. Author's Right to Remuneration for Use of his
Work Translated into Another Language
The author of the original shall enjoy the right to
remuneration for the use of his work translated into another
language in all cases with the exception of the cases specified
in laws.
Article 532. Use of Author's Work without Consent of Author
and without Payment of Remuneration
It shall be permitted without the author's consent and
without payment of remuneration, but obligatorily indicating the
source and the name of the author if it appears thereon:
1) to make quotations in scientific works, works of
criticism and educational publications from scientific, literary
and artistic works which have been made available to the public
in the original language or translated into another language to
the extent justified by the purpose, as well as to use quotations
from newspaper and magazine articles in press reviews;
2) to use the published works as illustrations in teaching
publications, radio and television teaching programmes, sound and
visual recordings for teaching purposes and in a manner
compatible with fair practice;
3) to reproduce by the periodical press, to communicate to
the public by means of radio, television or by other means of
communication articles on current economic, political or
religious issues which have been published in newspapers,
magazines, or communicated to the public by means of radio and
television, unless there is a specific prohibition to do so;
4) to reproduce in the press, in the cinema, by radio and
television political speeches delivered in public or speeches
delivered during legal proceedings;
5) to use works during legal and administrative proceedings;
6) to communicate information on literary, artistic and
scientific works, made available to the public, in the press, by
means of cinema, radio, and television (annotations, essays,
reviews and other documentary forms of information);
7) to use literary and artistic works directly from the
places they are being performed or exhibited to the public for
the purpose of displaying information on the events in social
life, surveys in the press, radio or television on current events
provided such use of the works is justified by informatory
purpose and when the works are used as subsidiary informatory
material;
8) to reproduce in libraries, for non-profit educational and
scientific purposes, short passages from books and articles
published in periodicals; and
9) to issue works which have been made available to the
public, in braille except for works which have been specially
created for such purposes.
Article 533. Use of Work for Personal Needs
It shall be permitted for personal needs to reproduce or use
in any other way a work of another author made available to the
public without the consent of the respective author and without
payment of remuneration.
Article 534. Use of a Work of Another Author in Order to
Create a New Original Work
A person who has made use of a work of another author in
order to create a new original work shall enjoy copyright in a
newly created work.
This right shall not serve as an obstacle for other persons
to utilize the same work in order to create a new work.
Article 536. Term of Copyright
Copyright shall extend for the entire life of the author and
fifty years after his death. In the case of pseudonymous or
anonymous works (when the name of the author is not indicated),
the term of protection shall expire fifty years after the work
has been made available to the public. In both cases the term of
copyright shall run from the 1st of January of the year following
the date of the author's death or from the date of making the
work available to the public.
When the author of an anonymous or pseudonymous work leaves
no doubt as to his identity or if the author of an anonymous or
pseudonymous work discloses his identity during the above
mentioned period, the term of the protection applicable shall be
fifty years after the date of the author's death.
Copyright shall be inheritable. The right to authorship, the
author's name and the inviolability of a work cannot be
inherited.
Protection of authorship, the author's name and the
inviolability of the work shall be of unlimited duration.
Article 537. Term of Copyright in Works of Joint Authorship
The term of protection of a work of joint authorship shall
subsist for the life of every co-author and it may be inherited.
The heirs of every co-author shall enjoy copyright for fifty
years from the 1st of January of the year following the date of
the death of the last surviving co-author.
Article 538. Term of Copyright of Legal Persons
The legal person shall enjoy copyright for fifty years after
the work has been made available to the public. In the case of
reorganization of the legal person, copyright shall transfer to
its successor in title, and in the case of dissolution of the
legal person property rights shall transfer to the persons who
acquired them.
Article 539. Protection of Moral Rights of the Author
In case a work has been used without a contract with the
author or his successors in title (Article 528), or if the
conditions for the use of a work without the consent of the
author have not been complied with (Article 532), also in case if
inviolability (Article 520) or other moral rights of the author
have been violated, the author or his successor in title after
the author's death and other persons specified in Article 521 of
this Code, are entitled to demand that the violated rights should
be restored (by making appropriate corrections, publishing in the
press an announcement or other information correcting the
infringement) or that the publication of the work be forbidden or
its distribution be discontinued.
The infringer of copyright shall be obliged to recover moral
damage the amount of which expressed in money is to be fixed by
the court. The amount of compensation in every event should not
be less than five hundred Litas and should not exceed ten
thousand Litas.
The court may order that unlawfully reproduced copies of a
work be confiscated and destroyed. Technical devices used
basically for illegal reproduction of works shall also be subject
to legal seizure.
Article 540. Protection of Economic Rights of the Author
In case the author or his successor in title have suffered
damages because of violation of the author's rights (Article
227), the author or his successor in title shall enjoy the right
to demand compensation for damages, irrespective of the
requirements specified in Article 539 of this Code. In any case,
all the proceeds gained or that were to be gained by the
infringer by illegal use of the work shall be reclaimed in favour
of the author or his successor in title. Copies of unlawfully
reproduced work may be transferred to the author or his
successors in title as a compensation for damages.
SUB-CHAPTER 46
AUTHOR'S CONTRACTS
Article 543. Author's Contract
Other persons may use a work without making modifications to
it or by adapting it, and also translate it into another
language, only after they have made an agreement with the author
or his successors in title, except for the cases specified in
part 2 of Article 529 and Article 532 of this Code.
Author's contracts may be of two types:
1) author's contract on the transfer of a work for use; and
2) author's contract on granting a license.
Consistent with author's contract on delivery of a work, the
author or his successor in title shall deliver the work or the
author shall be obliged to create and deliver it to the other
person (contracting party) in an agreed manner and by the date
prescribed in the contract, whereas the contracting party shall
be obliged to use the work or to commence the use of the work
starting with the date prescribed in the contract, and to pay the
remuneration to the author or his successor in title.
By virtue of author's contract on granting a license, the
author or his successor in title gives other persons the right to
use the work, including the right to use it translated into
another language or modified under conditions and by the date
prescribed in the contract, whereas the user of the work shall be
obliged to pay the author or his successor in title the
remuneration for granting a license or for using the work in the
manner provided for in the contract.
Article 544. Kinds of Author's Contracts on Granting the
Right of Transfer of Authority to Use a Work
The following kinds of contracts on granting the right of
transfer of authority to use a work are:
1) contract on publication or repeated publication of an
original work (a publishing contract);
2) contract on public performance of a work (a producing
contract);
3) contract on use of a work in a cinematographic film,
television or video film (a script contract), radio and TV
programme;
4) contract on creation of a work of visual art (a contract
on creation of a work of fine art, architecture, design to
order);
5) contract on use of a work of fine arts in industry; and
6) other contracts on transfer of authority to use literary,
scientific or artistic works in some other way.
Article 545. Form of Author's Contract
Author's contract has to be done in writing.
The written form shall not be obligatory in making contracts
on the publication of a work in periodicals and encyclopedic
dictionaries.
Article 546. Terms and Conditions of Author's Contract
Author's contract shall prescribe:
1) exact methods and conditions of use of the author's work;
2) terms and order of delivery and approval of a work;
3) amount of remuneration, term and order of payment; and
4) other conditions determining mutual relations between the
parties concerned.
Article 547. Amount of Author's Remuneration under Author's
Contract
The amount of author's remuneration paid under author's
contract shall be determined by an agreement between the parties.
Article 548. Delivery and Approval of a Work
Consistent with author's contract on delivery of a work, the
author shall be obliged to create a commissioned work under the
terms and conditions determined by the contract and to deliver it
to the contracting party by the date fixed in the contract and in
the agreed order.
The contracting party shall be obliged to inform the author
in writing by the date fixed in the contract, whether the
delivered work has been approved or refused on the grounds
prescribed in the contract. The contracting party may request
modifications to be made in the work, indicating the exact nature
of the modifications under the terms and conditions prescribed in
the contract. In case a statement in writing has not been sent to
the author by the date fixed in the contract, the work shall be
considered to be accepted by the contracting party.
Article 549. Limitations of Use of the Work on which a
Contract is made by a Third party
Consistent with author's contract on transfer of a work for
use, the author shall not enjoy the right to transfer the work
referred to in the contract or a part of it to a third party for
the use in the same way as agreed upon in the contract or in some
other way without the consent of the other party in written form,
unless otherwise provided in the contract. The term for such
limitation shall be determined by the contract. If the term is
not specified in the contract, it shall be deemed to be 3 years
in a contract on transfer of a work for use and 5 years in a
licencing contract.
Article 550. Obligation of the Contracting Party to Use a
Work
Consistent with author's contract on transfer of a work for
use, the contracting party shall be obliged to use or to commence
the use of the work in the manner and by the date stipulated by
the contract. Provided the term is not fixed in the contract, it
shall be 2 years starting with the day on which the work was
approved by the contracting party.
Article 551. Liability of Author for Violation of Contract
The author shall be obliged to return the remuneration he
has received by virtue of contract on transfer of a work for use
in case of cancellation of the contract by another party for the
following reasons:
1) the author has not delivered the work by the term fixed
in the contract through his fault;
2) the work created by the author does not comply with the
clauses of the contract or the work has been fulfilled
unconscientiously;
3) the author refused, upon the request of the contracting
party, to make modifications due to the terms and conditions set
forth in the contract;
4) the author has violated the obligation to create the work
in person; and
5) the author has violated the provisions of Article 549 of
this Code.
In case another party rejected the work on the basis of the
clauses prescribed in the contract (Article 543) and did not
prove the dishonesty of the author while in the process of
creation in court, the whole amount of remuneration received
under contract shall be left to the author.
Article 552. Liability of the Contracting Party for
Violation of Contract
If the contracting party does not use the work approved by
him or does not commence the use of the work by the term fixed in
the author's contract, he shall be obliged, at the instance of
the author, to pay the author the whole amount of remuneration
stipulated by contract. In this case the author shall enjoy the
right to cancel the contract and to claim the return of the
copies thereof which have been delivered by virtue of the
contract. The contracting party shall be relieved from the
obligation to pay the author a part of the remuneration which
would be due to the author after the use of the work commenced,
if the contracting party proves that he could not use the work
because of circumstances relevant to the author.
Article 553. Copyright and Ownership Right in a Work of
Fine Art and in an Original of a Manuscript
An author shall enjoy copyright in a work of fine art, or in
the original of a writer's or composer's manuscript to which the
ownership right is acquired by another person. The author shall
also enjoy the inalienable right in a share of proceeds of each
resale of original work, provided that an antiquarian or a head
of an auction takes part in making a contract of sale and
purchase as a buyer, mediator or valuer, and the sale price is
not less than five hundred Litas. A share due to the author of a
work shall be 5% of the sale price of a work.
The author shall enjoy the right to request that the owner
of the work should give him a possibility to reproduce the work,
unless otherwise provided for in the contract.
The owner of the work shall enjoy the right to expose the
work publicly without a preliminary consent of the author unless
such exposition was prohibited by the author while transferring
the work.
Article 554. Protection of Interests of a Person Depicted
in a Work of Fine Art
It shall be permissible to publish, reproduce and
disseminate a work of fine art in which a person has been
depicted only with the consent of the person who has been
depicted, and after his death with the consent of his children or
spouse. In case of absence of a spouse or children, the parents
of the person shall give their consent. The consent is not
necessary if the person who has been depicted modeled or posed
for remuneration.
Article 555. Procedure for Use of Technical Schemes Made to
Order (in Architecture, Engineering, etc.)
Technical schemes in architecture, engineering, etc.,
technical drawings and drafts, made to order, may be utilized by
a customer for personal needs, unless otherwise provided in a
contract between the customer and the author.
Article 556. Author's Contract on Granting Licence to
Translate a Work into Another Language or
Transform It
The conditions of an author's contract on granting the
licence to translate a work into another language or to create a
derivative work (including the conversion of a narrative work
into a dramatic work or a scenario or vice versa) shall be
determined by the parties while making the contract.
Article 557. Execution of Author's Rights
Authors of literary, artistic and scientific works implement
their rights by entering into agreements with the users of the
works. They also may, by contract of assignment, grant the
execution of their rights to copyright protection organizations,
legal or natural persons.
Copyright protection organizations consistent with their
statutes and contracts with authors shall:
1) enter into agreements with the third parties on the use
of works;
2) agree with the users of the works on the amount of
remuneration, the terms and order of payment;
3) collect and distribute author's remunerations,
compensations and other payments; and
4) take remedies for infringement of author's rights.
By virtue of bilateral and multilateral agreements with the
organizations which represent foreign authors copyright
protection organizations shall implement the rights of foreign
authors in the territory of the Republic of Lithuania, take
remedies for infringement of their respective rights.
CHAPTER 5
SUB-CHAPTER 47
RIGHTS OF STAGE-DIRECTORS, PERFORMERS, PRODUCERS OF SOUND
AND VISUAL RECORDINGS (NEIGHBOURING RIGHTS)
Article 558. Subjects of Protection
The rights of stage-directors, performers, producers of
sound and visual recordings specified in this Article shall be
under protection unless this violates the rights of authors whose
works are being performed.
A stage-director shall be a person who stages a performance
of theatre, ballet, opera, circus, puppet, variety art or some
other.
A performer shall be an actor, conductor, singer or some
other person, who performs literary or artistic work, circus or
puppet show item.
The producer of sound and visual recordings shall be a
natural or legal person who with the help of technical devices,
first fixes stage productions, the sound or image, the sound and
image of the works being performed, on material objects for the
purpose of use and distribution of the said recordings.
Article 559. Moral Rights of Stage-Directors and Performers
Stage-directors and performers shall enjoy the right to
author's name, the authorship right to the stage production, and
performance of works.
These rights are inseparably connected to the personality of
the director or performer; they cannot be transferred to other
persons and are effective for an unlimited period of time.
After the death of the stage-director or performer the
protection of moral rights shall be executed by his heirs,
respective public and state organizations and by society.
Article 560. Recording of Stage-Production or Performance
of other Work, Use and Broadcast of Recording
It shall be permitted to record the image, sound, image and
sound of a stage-production or performance of other work with the
help of technical devices in order to use, reproduce and
distribute them later, likewise to broadcast a stage-production
or performance of other work, including the recording of them,
over radio, television, cable or satellite system of transmission
only with the consent of the stage-producer or performing artist.
In case a work is performed by a collective (choir,
ensemble, orchestra, group of actors, etc.) the authorization to
broadcast the work, to make recordings of it, reproduce and
distribute the recordings shall be given by the stage-director,
conductor, soloist, representatives of the collective or the
leader of the group. The acquisition of such consent constitutes
an agreement in written form, which provides for the conditions
for the use of recordings and for the agreed remuneration.
If a performer performed or a stage-director directed a work
in the course of employment, the conditions for the production,
use, reproduction, distribution of recordings shall be determined
by the employment contract and other additional contracts.
No special permission shall be required to broadcast the
recording of a stage-production or performance of other work,
which has been made with the aim to transmit over the radio,
television, cable or satellite television, provided that this is
specified in an agreement concluded by a stage-director or
performer concerning the recording of a stage-production or
performance of other work.
Article 561. Rights of Producers of Sound and Visual
Recordings
The producers of sound and visual recordings shall enjoy the
right to give permission for the use of their recordings, for the
broadcast of the recordings over radio, television, cable
television, satellite systems, for the public reproduction of the
recordings for distribution.
If a recording is lawfully distributed through the trade
network it shall be permissible to use such a recording in public
places, except for theatre performances. In this case
remuneration must be paid to the producer of the recording, to
the stage-director and to the performers. The rates of the
remuneration and the procedure for payment shall be determined by
a joint agreement among creative organizations, copyright
protection organizations and the Ministry of Culture of the
Republic of Lithuania.
The producer of sound and visual recordings may inform the
public of his rights by marking every copy of the recording with
the symbol P in a circle, accompanied by the year of the first
publication of the recording and by the name of the producer of
the recording.
Article 562. Duration of Rights of Stage-Directors,
Performers and Producers of Sound and Visual
Recordings
Economic rights of stage-directors, performers, producers of
sound and visual recordings (Articles 559 and 560) shall extend
for the time of 50 years and beginning from the end of the year
in which the recording was produced or broadcast, and the right
to the stage-production or performance of other work which is not
fixed in sound or visual recordings beginning from the end of the
year in which the stage-production or other work was first
performed in public.
Article 563. Limitations on Rights of Stage-Directors,
Performers, Producers of Sound and Visual
Recordings
It shall be permissible without the consent of the stage-
director, performer, producer of sound and visual recording to
use lawfully produced recordings or excerpts from them for
educational, scientific, informatory purposes or for personal
needs.
Article 564. Execution of Rights
Stage-directors, performers, producers of sound and visual
recordings may execute their rights in the procedure provided for
in Article 557.
Article 565. Protection of Rights
In case the rights of stage-directors, performers and
producers of sound and visual recordings are violated, the
remedies for the protection of rights provided for in Articles
539 and 540 of this Code shall be applied.
Article 566. Rights of Foreign Directors, Performers,
Producers of Sound and Visual Recordings
The rights of foreign directors, performers and producers of
sound and visual recordings to recordings made outside the
borders of the Republic of Lithuania shall be under protection in
the territory of the Republic of Lithuania pursuant to the
agreements concluded by the Republic of Lithuania.
I promulgate this Law passed by the Seimas of the Republic
of Lithuania.
ALGIRDAS BRAZAUSKAS
President
of the Republic
Vilnius
17 May 1994
No. I-459
____________