1.When technological measures applied by owners of copyright, related rights and sui generis rights prevent the users of such rights from benefiting from the limitations of copyright, related rights and sui generis rights, provided for in paragraph 1 of Article 20, subparagraphs 1 and 2 of paragraph 1 of Article 22, paragraph 1 of Article 23, Article 27, subparagraph 2 of paragraph 1 of Article 29, subparagraphs 4, 5, 6, 7, and 8 of paragraph 1 of Article 58, and paragraph 1 of Article 63 of this Law, the users of the rights must be provided with conditions or adequate means (i.e. decoding devices and other) enabling to use legitimately accessible objects of copyright, related rights or sui generis rights to the extent necessary for the users of the rights to benefit from the limitations of copyright, related rights and sui generis rights provided for their interests.
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2.Paragraph 1 of this Article shall not apply to works, objects of related rights and sui generis rights made available to the public by way of interactive on-demand transmissions, so that members of the public may access them from a place and at a time individually chosen by them. Conditions of the provision of such services shall be set in agreements.
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3.The owners of copyright, related rights and sui generis rights who desire to apply voluntary measures ensuring the right to benefit form the limitations of copyright, related rights and sui generis rights, provided for in paragraph 1 of this Law, must furnish information to the institution authorised by the Government about a measure to be applied, and other information related to the implementation of such measure, including information about going negotiations between owners of the rights, users of the rights and other interested persons. The institution authorised by the Government shall have the right to appoint its representative to take part in those negotiations 4. When the owners of copyright, related rights and sui generis rights do not take measures (i.e. do not provide with decoding devices, do not conclude agreements with the users of the rights, etc.) which would enable the users to benefit from the limitations specified in paragraph 1 of this Article, the users of the rights who have the right to benefit from such limitations, may apply to the Council for mediation in such dispute. The mediator(s) shall present proposals and help the parties to reach agreement. If the parties do not accept a proposal of the mediator(s), the dispute shall be settled by Vilnius regional court.
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Article 76Violation of Rights-Management Information
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Violation of rights-management information shall be the removal or alteration of any rights-management information without permission of the owner of the rights; as well as distribution, importation with the aim of distributing, broadcasting, communication to the public or making available to the public of objects of copyright, related rights and sui generis rights in which the rights-management information has been removed or altered without permission, when the person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of the rights protected under this Law.
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Article 77Remedies for Infringement
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1.Owners of copyright, related rights and sui generis rights, with the aim of defending their rights, licensees of exclusive rights, with the aim of defending the rights assigned to them, as well as associations of collective administration of the rights, with the aim of defending the administered rights, shall be entitled to apply, in the manner prescribed by law, to court to demand:
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1)recognition of rights;
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2)injunction with the aim of prohibiting the continuation of unlawful acts;
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3)prevention from carrying out acts because of which the rights may be actually infringed or damage may be actually caused;
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4)redress of the infringed moral rights (injunction to make appropriate amendments, to announce the infringement in the press, or any other way);
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5)exaction of unpaid remuneration for unlawful use of a work, objects of related rights or sui generis rights;
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6)compensation for property damage, including the lost income and other expenses, and in the cases provided for in Article 84 – non-pecuniary damage, as well;
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7)payment of compensation;
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8)application of other measures for defence of the rights, provided for by this and other laws.
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2.Seeking to ensure the enforcement of an injunction to continue the unlawful acts, as well as an injunction to prevent any acts because of which the rights may be actually infringed or damage may be actually caused (subparagraphs 2 and 3 of paragraph 1 of this Article), the court may, at the request of the persons who are entitled to make such demands, obligate an infringer to lodge adequate assurance intended to ensure compensation for any possible damage.
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3.Where the person, against whom an injunction aimed at prohibiting the continuation of the unlawful acts is issued or who is liable to be subject to the corrective measures referred to in Article 82 are applied, acted unintentionally and without negligence, the court may, at the request of the said person, order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in paragraph 1 of this Article, if execution of the measures in question would cause him disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory. It shall be considered that a person, who has paid pecuniary compensation, acquires the right to exploitation of a work, an object of related rights or sui generis rights.
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Article 78Right to Apply for an Injunction against Intermediaries
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1.When defending their rights, owners of copyright, related rights and sui generis rights shall have the right to apply for an injunction against an intermediary, with the aim of prohibiting him from rendering services in a network to third parties who make use of these services infringing a copyright, related right or sui generis right. An injunction to render the said services shall encompass suspension of a transmission of information related to the infringement of copyright, related rights or sui generis rights or elimination of such information, if an intermediary have technical means to carry this out, or removal of the access to information infringing copyright, related rights or sui generis rights.
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2.An intermediary referred to in paragraph 1 of this Article shall be a natural or legal person, including a branch or an affiliate of a foreign legal person, registered in the Republic of Lithuania, which provides network services, consisting of a transmission of information, submitted by third parties, in a network or providing of a possibility to use a network and (or) storing of the submitted information.
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Article 79Right of information
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1.In the context of proceedings concerning an infringement of the rights protected under this Law and in response to a proportionate request of the claimant, the court may, during the proceedings, order that information on the origin and distribution networks of copies of the works, other objects of the rights protected under this Law, goods or services which infringe copyright, related rights or sui generis rights be immediately provided by the person, especially:
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1)the names and addresses of the manufacturers, distributors, suppliers and other previous holders of the works, copies of other objects of the protected rights, goods (services), as well as the intended wholesalers and retailers;
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2)information on the quantities of manufactured, delivered, received or ordered works, other objects of the protected rights, goods, as well as the price obtained or due for the goods or services in question;
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3)information on the exploited works and objects of related rights or sui generis rights, the scope and duration of their exploitation, income received by the users and other information necessary for calculation of remuneration.
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2.Infringers of the rights protected under this Law, other persons who possess for commercial purposes the goods and copies of works, other objects of the protected rights, which infringe the rights protected under this Law, who were found to be using on a commercial scale the services infringing the rights protected under this Law or who were found to be providing on a commercial scale services used by third persons in activities infringing the rights protected under this Law, as well as those indicated by the above mentioned persons as being involved in the manufacture or distribution of the goods or copies of works, other objects of the protected rights, which infringe the rights protected under this Law, or the provision of the services, infringing the rights defined by this Law, may be ordered to provide information referred to in this paragraph, without prejudice to the provisions which afford an opportunity for refusing to provide information which would force the person to admit to his own participation or that of his close relatives in an infringement of the rights protected under this Law and govern the protection of confidentiality of information sources or the processing of personal data.
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Article 80Evidence
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1.The court may, on application by a party which has presented reasonably available evidence sufficient to support its claims, and has, in substantiating those claims, specified evidence which lies in the control of the opposing party, order in accordance with the procedure laid down in the Code of Civil Procedure that such evidence be presented by the opposing party, subject to the protection of confidential information. A reasonable sample of a substantial number of products shall be considered by the court to constitute reasonable evidence of an infringement of the rights protected under this Law.
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2.Under the conditions specified in paragraph 1 of this Article, in the case of an infringement of the rights defined by this Law, committed on a commercial scale, the court may, in accordance with the procedure laid down by the Code on Civil Procedure, order the communication of banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information. In the event of failure to provide such evidence without valid reasons within the time limit set by the court or refusal to permit to make use of them, the court shall be entitled to take a decision on the basis of the evidence submitted to it.
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Article 81Provisional Measures and Measures for Preserving Evidence
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1.Where there are sufficient grounds to suspect that an infringement of copyright, related rights or sui generis rights has been committed, the court may, in accordance with the procedure laid down by the Code of Civil Procedure, apply provisional measures necessary to prevent any imminent infringement, to forbid the continuation of the infringements and to enforce the final decision of the court, that is:
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1)to forbid persons to commit any imminent infringement of the rights protected under this Law;
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2)to order persons to discontinue, on a provisional basis, any infringement of the rights protected under this Law;
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3)to forbid an intermediary to provide services to a third party who uses these services by infringing the rights covered by this Law;
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4)to seize, to forbid the entry into or remove from the channels of commerce the goods and copies of works, other objects of the rights protected under this Law, suspected of infringing copyright, related rights or sui generis rights;
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5)to seize the movable and immovable property of the persons allegedly infringing the rights protected under this Law, which is possessed by the said persons or third parties, including the bank accounts, the means and equipment allegedly mostly used to create or manufacture goods, copies of works, other objects of the rights of the protected rights;
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6)to apply other measures defined by the Code of Civil Procedure.
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2.If the applied provisional measures referred to in subparagraphs 1 and 2 of this paragraph are infringed or such infringement continues, the court may order the alleged infringers to lodge adequate security intended to ensure damage compensation to the person who requested the application of provisional measures.
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3.For the purpose of application of provisional measures, the court may, upon request of an interested person, order the competent authorities to communicate bank, financial or commercial documents, or provide appropriate access to the relevant information.
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4.The court shall be entitled to require the person, who requests application of provisional measures, to provide any reasonably available evidence in order to satisfy itself with a sufficient degree of certainty that he or a person, for whose interests application of provisional measures is requested, is the owner or user of the rights protected under this Law and that the applicant's right is being infringed, or that such infringement is imminent.
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5.The court may, on application by a party who has presented reasonably available evidence to support his claims that his rights protected under this Law has been infringed or is about to be infringed, apply measures to preserve relevant evidence in respect of the alleged infringement, that is:
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1)the detailed description and detention of the goods and copies of works, other objects of the protected rights, which infringe the rights protected under this Law, or only the description thereof;
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2)the arrest and seizure of the goods and copies of works, other objects of the protected rights, which infringe the rights protected under this Law, and, in appropriate cases, the materials and implements used in the production and/or distribution of these goods, copies, and the documents relating thereto.
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3)the application of other provisional measures covered by the Code on Civil Procedure.
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6.Provisional measures and measures for preserving evidence may be applied without the defendant having been informed and heard, in particular where any delay is likely to cause irreparable harm to the applicant or where there is a demonstrable risk of evidence being destroyed. Where measures to preserve evidence are applied without the defendant having been informed and heard, the defendant must be so informed without delay after the application of the measures at the latest. Upon request of the defendant, including his request to be heard, the court may revoke the applied provisional measures and measures for preserving evidence, or other measures for the said ones in accordance with the procedure laid down by the Code of Civil Procedure.
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7.Where the applied provisional measures or measures to preserve evidence are revoked by the court, or where they lapse due to any act or omission by the person who applied for the application of such measures, or where a court’s decision comes into force stipulating that there has been no infringement or threat of infringement of the rights protected under this Law, or the person who applied for the application of provisional measures or measures for preservation of evidence, does not institute, within the period determined by the court, proceedings, the defendant shall be entitled to claim compensation for any injury caused by those measures.
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8.The norms of the Code of Civil Procedure shall apply in respect of all other issues related to application of provisional measures and measures to preserve evidence, which are not covered by this Article.
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Article 82Corrective Measures
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1.The persons referred to in paragraph 1 of Article 77 of this Law shall have the right to apply to the court and to request to recall, to remove from the channels of commerce the goods, copies of works, other objects of the rights protected under this Law, in such a way, that the rightholder would not incur any injury and the protection of his rights would be safeguarded (e.g., to remake into other goods or to apply similar measures), or to destroy copies and goods which the court has found to be infringing the rights protected under this Law, as well as, in appropriate cases, the materials and implements principally used in the creation or manufacture of the specified objects.
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2.The measures indicated in paragraph 1 of this Article shall be applied regardless of other claims by a person, requesting the application of such measures, for compensation of the prejudice suffered by him as a result of the infringement of his rights. Moreover, these measures shall be carried out unrequitedly, at the expense of the infringer, taking into account the proportionality between the seriousness of the infringement and the remedies ordered as well as the lawful interests of third parties.
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3.When the measures referred to in paragraph 1 of this Article may be applied to the person who acted unintentionally or without negligence, the court may, at the request of that person, apply the alternative measures provided for in paragraph 3 of Article 77 of this Law, if such measures to the injured party appear reasonably satisfactory.
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Article 83Recovery of Material Damage. Compensation
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1.The procedure for recovery of material damage shall be regulated by the Civil Code and this Law.
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2.When appraising the amount of damage (losses) actually caused by the infringement of the rights protected under this Law, the court shall take into account the substance of the infringement, the amount of the inflicted damage, lost profits as well as other expenses suffered by the owner of copyright, related rights or sui generis rights, other important circumstances. The profits made by the infringer may, at the request of the persons referred to in paragraph 1 of Article 77 of this Law, be recognised as losses. Infringing copies of works or other objects of the rights protected under this Law may be handed over to the respective owners of copyright, related rights or sui generis rights, if so requested.
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3.The amount of lost profits of the persons indicated in paragraph 1 of Article 77 of this Law shall be set taking into account the profits that would have been received when legally using works or other objects (taking into consideration royalties and fees which are normally paid for lawful use of such works or other objects, or royalties and fees which are paid for lawful use of similar works or other objects, or royalties and fees most suitable for the modes of use of a work or any other object), as well as taking into account concrete circumstances which might have created conditions to receive profits (works performed by owners of rights, used materials and implements, negotiations on conclusion of agreements pertaining to the use of a work, etc.).
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4.Instead of requesting compensation of damage (losses) caused by the infringement of the rights protected under this Law, the persons specified in paragraph 1 of Article 77 of this Law may claim:
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1)compensation in the amount of up to 1 000 minimum living standards (MLS), which is set by the court, taking into account the culpability of the infringer, his property status, causes of unlawful actions and other circumstances relevant to the case, as well as the criteria of good faith, reasonableness and justice; or
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2)royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects of the rights protected under this Law, and where the infringer acted intentionally or with negligence – up to twice the amount of such royalties and fees.
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5.Where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity, the court may, at the request of the owner of copyright, related rights or sui generis rights, order the recovery of profits. The profits of the infringer shall be considered to be a total that the infringer has saved and (or) received by infringing the rights protected under this Law. The profits of the infringer shall be determined and recovered regardless of the fact whether or not the owner of the rights himself would have gained the similar profits. When determining the profits of the infringer, the owner of the rights must present only the evidence, which would confirm the gross earnings received by the infringer; the amount of the net earnings (earning after the deduction of expenses) must be proved by the infringer himself.
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Article 84Redress of Non-pecuniary Damage
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A person who has infringed personal moral rights of the author or performer, referred to in Article 14 and Article 52 of this Law, must redress non-pecuniary damage. The amount of such damage expressed in money shall be set by the court, in compliance with the norms of the Civil Code, which regulate redress of non-pecuniary damage.
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Article 85Publication of Judicial Decisions
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The court, which takes a decision on the infringement of the rights protected by this Law, may, at the request of the persons referred to in paragraph 1 of Article 77 of this Law, order the infringer to disseminate, at his own expense, the information concerning the decision, including announcing the decision in full or in part in the mass media, or in any other way. The decision of the court or the information about the decision may be disseminated after the coming into force of the decision, unless otherwise established by the court. The manner of dissemination of the court decision and the extent of the dissemination shall be defined in the decision. The owner of copyright, related rights or sui generis right may request that the infringer pays in advance into the account, indicated by the court, a sum of money necessary to disseminate the information concerning the court decision or the court decision itself.
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Article 86Claims of Collective Administration Associations Filed in the Interest of Owners of Copyright and Related Rights They Represent
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1.Collective administration associations shall, in the interest of the owners of copyright or related rights they represent, and without their separate authorisation, be entitled to file claims for the recovery of royalties and fees from the users of works or objects of related rights, who exploit the mentioned works or objects of related rights without a licence of a collective administration association or without paying royalties and fees to owners of the rights.
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2.An amount of compensation subject to recovery or the sum of a claim shall be set on the basis of the rates fixed by collective administration associations for the use of works and objects of related rights. When works and objects of relate rights are used by communicating them to the public, including background music, after a fact of unlawful use of works or objects of related rights has been established, it shall be considered that they have been used at least a month, unless otherwise proved.
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3.The court, where it establishes that the works or objects of related rights have been used without a licence of a collective administration association, shall take a decision to exact from the user the remuneration 2 times larger than the one due under the granted licence to use a work or an object of related rights.
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4.All recovered royalties and fees shall, in accordance with the procedure established by its regulations and remuneration payment rules, be distributed and paid by a collective administration association to the authors or owners of related rights.
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Article 87Administrative and Criminal Liability
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Administrative and criminal liability for violations of copyright, related rights and sui generis rights shall be defined respectively by the Code of Administrative Offences and the Criminal Code.
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Article 88Application of Border Measures
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Border measures provided for by legal acts of the European Union and the Republic of Lithuania, may be applied to infringing copies of works, other objects protected under this Law, goods infringing the rights protected under this Law, which are imported from third countries into the Republic of Lithuania or exported from it into third countries.
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Annex to The Law of the Republic of Lithuania on Copyright and Related Rights The Law of the Republic of Lithuania on Copyright and Related Rights is harmonised with the following legal acts of the European Union:
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1)Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs, with amendments made by Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights;
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2)Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, with amendments made by Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights and Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society;
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3)Council Directive 93/83/EEC of 27 September 1993 on the co-ordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission;
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4)Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights, with amendments made by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society;
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5)Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases;
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6)Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society;
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7)Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art;
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8)Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.