Lithuania has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in Article 58(1), p.11 of the Law No VIII- 1185 on Copyright and Related Rights. The national exception is much more restrictive than the EU exception.
Implementation summary:
This exception allows for the incidental inclusion of performances, phonograms, film fixations, broadcasts and electronic press publications in other materials.
Implementation details:
Beneficiaries:
- any user
Purposes:
- not specified (use must be incidental)
Usage:
- any use
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- electronic press publications
Compensation:
- no compensation required
Attribution:
- indicating the source, including the author’s name is required, whenever possible
Introduced/last updated: 05 March 2003
Remarks: Like the case with the Lithuanian parody exception, the exception for incidental inclusion of copyrighted works was removed in 2011, leaving the corresponding neighbouring rights exception behind in art. 58(1), p.11. Unlike the parody exception, this omission was not remedied with the ammendment of 24 March 2022 implementating the CDSM Directive.
