Lithuania has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article 23 of the Law No VIII- 1185 on Copyright and Related Rights. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows cultural heritage institutions or third parties or other persons acting on their behalf and under their responsibility to reproduce works permanently held in their holdings and collections in any format or on any medium for the purposes of preservation of such works, and to the extent that is necessary to preserve such works. Contractual terms contradictning the exception shall be null and void.
Implementation details:
Beneficiaries:
- cultural heritage institutions
- third parties or other persons acting on cultural heritage institutions' behalf and under their responsibility
Purposes:
- preservation
Usage:
- reproduction (in any format or on any medium)
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- electronic press publications
Compensation:
- no compensation required
Attribution:
- the source and the author's name must be acknowledged where possible
Other Conditions:
- works used must be permanently held in beneficiaries' holdings and collections
- use must be limited to the extent that is necessary to preserve such works
- contractual terms contradicting the exception are considered null and void
Introduced/last updated: 24 March 2022
Remarks: The pre-existing Lithuanian reproduction exception for CHIs was very narrow in scope. It was significantly broadened in implementation of art 6 of the CDSM Directive as of 24 March 2022, however its scope remained narrower then the InfoSoc model clause in art 5(2)(c).
The exception also covers neighbouring rights under art 58(1), p.4 of the Law, according to which it is allowed to 'reproduce an object of related rights permanently held in the collection or fonds of a cultural heritage institution, other than an object of related rights published on computer networks (the Internet), where a copy of the object of related rights is made in any format or medium for the purposes of preserving such works, and to the extent necessary for the preservation of such works'.