3.When defending their own rights, owners of copyright and related rights shall have the right to apply for an injunction against intermediaries to render over computer networks the services to a third party who makes use of such services by infringing copyright and related rights. Prohibition to render such services shall include discontinuation of the transmission of information relative to the infringement of copyright or related rights, or, when an intermediary is technically able to carry out such an act, removal of information infringing copyright or related rights, or prohibition from accessing information infringing copyright or related rights. Implementation of such decision of the court shall not exempt the intermediary from the liability for actions or inaction related to keeping or transfer of the said information, which was carried out before entry into force of such decision.
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Article 78Claims of Collective Administration Associations Filed in the Interest of the 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 remuneration from the users of works or objects of related rights exploiting the mentioned works or objects of related rights without a licence of collective administration associations.
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2.An amount of compensation subject to recovery or value of a file shall be established on the basis of the rates fixed by collective administration associations for 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 used at least a month, unless otherwise proved.
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3.The court, where it decides that the works or objects of related rights have been used without the said licence of a collective administration association, shall make a decision to exact from the user to the collective administration association the remuneration 3 times as big as the original amount payable under the licence to use a work or an object of related rights would have been.
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4.A repeated infringement of the procedure for the exploitation of works and objects of related rights, established by this Law, within a one-year period from the exaction of remuneration under paragraph 3 of this Article shall result in the increase of the remuneration to be exacted from the infringer 6 times as big as the original amount payable for the rights granted under the licence to use a work or an object of related rights would have been.
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5.The whole recovered sums of remuneration shall, in accordance with the procedure established by its regulations and remuneration payment rules, be distributed by a collective administration association among the authors or owners of related rights.
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6.The court in its proceedings on civil actions brought by owners of copyright or related rights, whose rights are not represented by collective administration associations, shall be guided by the provisions of paragraphs 2-4 of this Article.
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Article 79Recovery 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 assessing the amount of losses, the court shall take into account the substance of violation, the amount of the inflicted damage, the lost income as well as other expenses incurred by the owner of copyright, related rights or sui generis rights, and gains received by the infringer from unlawful acts. Infringing copies of works or other objects may be handed over to the respective owners of copyright, related rights or sui generis rights, if requested.
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3.The amount of income not received by an owner of copyright, related rights or sui generis rights shall be established taking into account the income that would have been received when using works or other objects (taking into consideration a remuneration which is normally paid for lawful use of such works or other objects, or a remuneration which is paid for lawful use of similar works or other objects, or remunerations 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 income (works performed by owners of rights, devices used, negotiations on conclusion of agreements pertaining to the use of a work, etc.).
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4.Gains received by infringing copyright, related rights or sui generis rights may, at the request of the owners of such rights, be recognised as losses. Illicit gains of an infringer shall comprise everything that the infringer saved and (or) received by infringing copyright, related rights or sui generis rights. Illicit gains received by the infringer shall be established and recovered regardless of whether the owner of the rights himself would have received the same gains which was received by the infringer, or whether the infringer knew that his actions were unlawful.
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5.When presenting a claim for damages, including a claim for the illicit gains received by the infringer, an owner of copyright, related rights or sui generis rights shall have the right to request that the infringer would submit documents which are necessary to establish his illicit gains. If such documents are deliberately or without valid reason not submitted to the court within set time limits, or the infringer refuses to let use them, the court shall have the right to make a decision on the basis of evidence presented to it.
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6.Instead of recovery of damages, the owner of copyright or related rights may claim compensation. Its amount, from 10 to 1000 minimal standards of living, shall be determined by the court having regard to the culpability of the infringer, his property status, causes of unlawful actions and other circumstances are of significance to the case, as well as the criteria of good faith, fairness and reasonableness.
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Article 80Compensation for Non-pecuniary Damage
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1.A person who has infringed moral rights of the author or performer, provided for in Article 14 and Article 52 of this Law, must compensate for non-pecuniary damage inflicted, the amount of which expressed in money shall be determined by the court.
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2.When determining the amount of compensation for non-pecuniary damage, the court shall have regard to the culpability of the infringer, his property status, the causes of unlawful actions, as well as other circumstances that are of significance to the case, as well as the criteria of good faith, fairness and reasonableness.
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Article 81Provisional Measures
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2.In urgent cases, with the presence of sufficient evidence about the infringement of copyright, related rights or sui generis rights, the court may, in accordance with the procedure established by the Code of Civil Procedure, apply provisional measures necessary to preserve evidence, to promptly prevent an infringement from occurring and to enforce a final decision of the court, that is:
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1)to order persons to terminate the unlawful exploitation of works or other objects of the rights protected under this Law;
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2)to prohibit the release into circulation of infringing copies of works or other objects of the rights protected under this Law;
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3)seize infringing copies of fixations of audiovisual works or phonograms, as well as technical devices and equipment used for the reproduction thereof, and appropriate documents;
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4)to apply other measures set out by the Code of Civil Procedure.
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2.Where essential irreparable damage may be caused to the owner of copyright or other rights, or where the evidence may be destroyed, the court may, in accordance with the procedure established by the Code of Civil Procedure, apply provisional measures, specified in paragraph 1 of this Article, without informing the other party and without calling it to the court hearing.
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Article 82Administrative and Criminal Liability
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Administrative and criminal liability for violations of copyright, related rights and sui generis rights shall be defined by the Code of Administrative Offences and the Criminal Code.
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Article 83Application of Border Measures
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Border measures provided for by laws, may be applied to infringing copies of works, computer programmes, fixations of audiovisual works (films) and phonograms imported into or exported from the Republic of Lithuania.
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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; and
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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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Article 2Transitional Provisions
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1.This Law shall apply to authors and owners of related rights if at the moment of the entry into force thereof the term of protection of their rights in literary, scientific and artistic works or objects of related rights, which were effective before the entry into force of this Law, has not expired, except the case specified in paragraph 2 of this Article.
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2.When a term of protection of the rights of producers of phonograms, granted pursuant to paragraph 2 of Article 50 the Law of the Republic of Lithuania on Copyright and Related Rights, expires on 22 December 2002, the protection of the rights of producers of phonograms under this Law shall not be granted anew.
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3.Any acts done before the entry into force of this Law and not infringing the provisions of the relevant legislation in force at that time shall not constitute the infringement of rights and shall not give rise to the right to obtain remuneration granted under this Law.
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4.Agreements concluded before the entry into force of this Law shall be valid as long as they comply with the provisions stipulated by this Law.
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Article 3Entry into Force of the Law
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Paragraph 3, 4, 5, and 6 of Article 20 of the Law of the Republic of Lithuania on Copyright and Related Rights set out in Article 1 of this Law shall enter into force on 1 January 2004.
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Article 4Implementation of the Law
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The Government shall, by 1 July 2003, adopt legal acts necessary for the implementation of this Law.
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I promulgate this Law passed by the Seimas of the Republic of Lithuania.
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President of the Republic ROLANDAS PAKSAS