Lithuania has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 29(2) of the Law of 18 May 1999 No VIII- 1185 on Copyright and Related Rights. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the making of ephemeral recordings of works made by broadcasting organisations or a person acting on behalf of and under the responsibility of the broadcasting organisation by means of their own facilities and for their own broadcasts. Such recordings may be preserved for a period not exceeding 30 days and must be erased after their use for broadcasting. The preservation of these recordings in state archives may, on the grounds of their exceptional documentary character, be permitted.

Implementation details:

Beneficiaries:

• broadcasters (or a person acting on behalf thereof)
• state archives (for the preservation of subject matter of exceptional documentary value)

Purposes:

• for the needs of beneficiaries' own programmes (ephemeral recording)
• preservation of recordings of exceptional documentary value in official archives (reproduction)

Usage:

• ephemeral recording
• reproduction

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts
• electronic press publications

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• beneficiaries must use their own facilities
• use must be for beneficiaries' own broadcasts
• preservertion by broadcasters is limited to 30 days

Introduced/last updated: 05 March 2003

Remarks: The exception extends to neighbouring rights as per Section 58(1)7 of the CA