Lithuania has implemented the Use for the purpose of caricature, parody or pastiche (Art. 5.3(k) InfoSoc) exception in Article 21' of the Law No VIII- 1185 on Copyright and Related Rights. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the use of works for the purpose of caricature or parody or pastiche. Indicating the source, including the author’s name, is required, whenever possible.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • caricature or parody

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: The pre-existing Lithuanian parody exception for copyrighted works was removed in 2011, leaving the corresponding neighbouring rights exception behind in art. 58(1), p.12. For a time the law, in terms of litteral reading, provided for an exemption for the purposes of parody and caricature solely regarding neighbouring rights. The exception also did not cover pastiche.

As of 24 March 2022, in implementation of the CDSM Directive, the parody exception was reintroduced in its full scope as per the InfoSoc directive under art. 21' of the Law. Art. 58(1), p.12 was also amended to include pastiche.

In a decision (Nr. 3K-3-214/2009), preceding the CJEU Deckmyn case, the Supreme Court of the Republic of Lithuania ruled that the use of a work for the purpose of parody was permitted under the following conditions:
i) the parody is an imitation of the copyrighted work,
ii) the use of a work is humoristic,
iii) the parodied work is the target of parody,
iv) the parody is an original work,
v) the use of a work for the purpose of parody meets the three-step test requirements (do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the right holder).