At present copyright and neighbouring rights are regulated by A Civil Code.
The subject matter of copyright (author's rights) are science, literary and artistic works, regardless to the work's form, purpose, value as well as the method of its expression.
Copyright also extend to neighbouring rights and the performers, producers of video and phonograms are protected by the regulations of A Civil Code.
Copyright vets on the author of the work, however if work was created by an employee during the course of his contractual duties, the "economic rights" belong to the employer and author enjoys "moral rights".
ACQUISITION OF COPYRIGHT
Protection is independent of any formalities and copyright protection starts when work is created.
The term of protection starts at the time of creation and ends 50 years after the death of the author. In the event of the work being published using a pseudonym, the term of protection is 50 years from the publication.
The term of protection of neighbouring rights-50 years.
THE PROTECTION OF RIGHTS OF FOREIGN PERSONS
The copyright and neighbouring rights, that originate beyond the territory of Lithuania, enjoy protection in Lithuania following bilateral or other treaties.
On December 14, 1994 Lithuania became a member of the Bern Convention (1886). This convention was ratified in Lithuania on 28 May 1996.
Unfortunately, Lithuanian has not signed the Rome Convention (1961) for the protection of Performers, Producers of phonograms and Broadcasting Organisations and the Geneva Convention (1971)for the Protection of Producers of Phonograms against unauthorised duplication of their phonograms.
On July 12, 1995 Lithuania signed an Association Agreement with the European Community. Lithuania is obligated to harmonise existing legislation with European Community legislation.
Therefore, taking into consideration that new requirements arose, the programme on harmonisation of legislation was adopted.
Creating this programme the following provisions were upheld:
the Directives of the European Parliament and Council;
the provisions of multilateral treaties;
the common provisions of the European Community legislation, for establishing institutions for implementation and enforcement of copyright and neighbouring rights.
Nowadays, the project of a new Civil code is presented for consideration, in which the main requirements of the above mentioned documents was taken into consideration.
The content of this article is intended to provide a general information. Specialist advice should be sought about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Your commercial negotiations have reached a certain stage. You now wish to record the main points and the basis on which you agree to proceed with the transaction in the form of Heads of Terms (also known as heads of agreement, memoranda of understanding, term sheets or letters of intent).
‘Boilerplate’ is the term often used to describe clauses, such as governing law and entire agreement clauses, that are so commonly found in commercial contracts that they often seem to have become standardised.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”