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Protection of personal data Protection of personal data
Protection of personal data
Contracts Contracts
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Copyright Copyright
Copyright
Disputes relating to trademarks, designs, inventions and copyright Disputes relating to trademarks, designs, inventions and copyright
Disputes relating to trademarks, designs, inventions and copyright
services
Trademarks Trademarks
Trademarks
Design Design
Design
Patents Patents
Patents
Legal consultancy Legal consultancy
Legal consultancy
Technology and e-commerce Technology and e-commerce
Technology and e-commerce
Protection of personal data Protection of personal data
Protection of personal data
Contracts Contracts
Contracts
Copyright Copyright
Copyright
Disputes relating to trademarks, designs, inventions and copyright Disputes relating to trademarks, designs, inventions and copyright
Disputes relating to trademarks, designs, inventions and copyright
services
Copyright
Why must copyright and neighbouring rights be protected?
FINANCIAL BENEFITS
You shall be entitled to financial benefits since royalties must be paid for a work protected by copyright or neighbouring rights. If an author or copyright holder does not defend their rights, they may deprive themselves of a considerable share of income.
REPUTATION
If other parties unlawfully alter an author’s work, this may result in damage to the integrity of the work and be detrimental to the author’s good name and reputation.
PROTECTION
An author can prevent the misappropriation of his or her authorship to a work or other object. When a work is used, its author must be indicated in all cases.
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Copyright

Copyright refers to the exclusive rights to a work which appear from the moment the work is created. An author’s work is guaranteed with copyright protection if it is an original work of literature, science or art expressed in an objective form. Copyright protects works and does not protect ideas, operating methods or procedures. Copyright can effectively protect an author’s economic, creative and legal interests.

 

In Lithuania, copyright protection and implementation are regulated by the Law on Copyright and Neighbouring Rights. Copyright protection is also regulated by the provisions of the Berne Convention.

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Property rights of the author

Copyright includes property and non-property rights of the author to a work created by the author. The nature of author property rights is economic, i.e. they grant the author the right to control any use of his or her work and provide an opportunity to receive royalties for such use. A work may be used in a variety of ways, e.g. it may be translated, published, reproduced, distributed, adapted, publicly demonstrated, publicly performed or publicly announced, etc. A copyright owner may either permit or prohibit other parties from using its work in any of the manners referred to above. An author also has the right to dispose of his or her work, i.e. to transfer his or her rights to the work or part thereof to other persons.

Personal non-property rights of the author

Personal non-property rights of the author pertain to the author’s name, reputation, dignity and similar intangible aspects. Personal non-property rights of the author are the rights to the author’s name, its mentioning, the integrity of the author’s work and the prohibition of other persons from altering the work.

 

Registration of copyright to a work is optional. If a work meets the requirements for the object of copyright referred to above, the author of the work acquires property rights and personal non-property rights of the author from the moment the work is created.

Copyright protection term

The law protects copyright throughout the author’s life and 70 years after the author’s death, and the personal non-property rights of the author in the Lithuanian territory are protected for an unlimited term. The property rights of the author may be inherited under a will or according to local law. Upon expiry of the prescribed validity term of the property rights of the author, the authority empowered by the Government, i.e. the Ministry of Culture, continues to protect these rights.

When is the author’s permission to use his or her work required?

The requirement to obtain the author’s permission in order to use his or her intellectual property does not apply if criticism of the author’s work is expressed or the work cited, or when a link to the work is provided on a publicly accessible website. Neither is the author’s permission to use his or her work is required when a comical picture or parody is created out of, or based on the work. This also applies to the so-called internet memes, as these qualify as parodies and persons who create them do not need the author’s permission to use their works. In all other instances, copyright is protected and it is prohibited to use an author’s intellectual property without the author’s permission.

Neighboring rights
Neighboring rights

Neighboring rights are the rights of performing artists, creators of sound tracks, broadcasters and producers of first recordings of audiovisual works (movies) that ensure the protection of their financial rights and, in the case of performing artists, of moral rights. Both a live performance and a performance recorded on a medium, a sound track, the first recording of an audiovisual work (movie), a broadcaster’s radio or television broadcasting may be an object of neighboring rights.

 

In Lithuania, the protection and implementation of neighboring rights are regulated by the Law on Copyright and Neighboring Rights. Neighboring rights include property rights and personal non-property rights.

Property and non-property rights

The nature of property neighboring rights is economic, i.e. they grant the exclusive right to either permit or prohibit the use of a work performance, sound track, broadcasting or audiovisual work (movie). These rights also provide their owners with an opportunity to receive royalties for the use of the objects referred to above.

 

Non-property neighboring rights are enjoyed by performing artists only: they have the right to their name, their live performances or performance recordings. This means that users of live performances or performance recordings must indicate the performing artist, and the performing artist also has the right to the integrity of his or her performance.

Neighboring rights protection term

Neighboring rights are acquired automatically from the moment of the lawful public performance of the relevant work or lawful publication of the relevant object. The term of protection of these rights depends on the subject of neighboring rights, i.e. the owners of the rights. If neighboring rights are owned by performing artists, their personal non-property rights are protected for an unlimited term, while property neighboring rights are protected for 50 years from the date of the relevant performance. The rights of sound track producers are protected for 50 years from the date the relevant recording is made. The neighboring rights of broadcasting organizations are protected for 50 years from the first public transmission of the relevant broadcasting, irrespective of the manner of the transmission. The rights of producers of first recordings of audiovisual works (movies) are protected for 50 years from the date the relevant recording is made.

Services related to copyright and neighboring rights
DEVELOPMENT OF A COPYRIGHT PROTECTION STRATEGY

We advise on matters related to copyright protection. We develop customized copyright protection strategies that ensure optimal protection and effective implementation of copyright.

COPYRIGHT REGISTRATION

We perform voluntary registration of copyright that ensures the implementation of the rights of authors and copyright owners.

DRAFTING OF COPYRIGHT AND NEIGHBOURING RIGHTS AGREEMENTS

We draft agreements of assignment of rights, work orders, license and publication agreements and other agreements related to copyright and neighboring rights.

CONSULTANCY RELATED TO PROTECTION OF COMPUTER SOFTWARE AND DATABASES

We advise on matters related to protection of computer software and databases.

DEVELOPMENT OF A COPYRIGHT PROTECTION STRATEGY
COPYRIGHT REGISTRATION
DRAFTING OF COPYRIGHT AND NEIGHBOURING RIGHTS AGREEMENTS
CONSULTANCY RELATED TO PROTECTION OF COMPUTER SOFTWARE AND DATABASES
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