Best Copyright Lawyers in Marijampolė

About Copyright Law in Marijampolė, Republic of Lithuania

Copyright in Marijampolė operates under the national legal framework of the Republic of Lithuania, which is harmonized with European Union law and international treaties. Protection arises automatically the moment an original work is created and fixed in a tangible or digital form. You do not need to register your work to be protected. The law covers literary, musical, visual, photographic, architectural, software, audiovisual, and other creative works, as well as related rights for performers, producers of phonograms, and broadcasting organizations. Although enforcement and business practices may be local to Marijampolė, the same national rules apply across Lithuania.

Lithuanian law grants authors both economic rights - such as reproduction, distribution, public performance, communication to the public, and adaptation - and strong moral rights, including the right of authorship, name attribution, and integrity of the work. Moral rights are inalienable and protected indefinitely, while economic rights generally last for the life of the author plus 70 years. Collective management organizations help administer licensing and remuneration in everyday contexts like music use in shops, events, media, and online services.

This guide offers general information to help you understand the basics before you speak with a qualified attorney. It is not legal advice.

Why You May Need a Lawyer

- You discovered your work posted online without permission and need to remove it or claim compensation.

- Your business in Marijampolė plays music or shows TV content in public and you want to ensure all licenses are in place.

- You are negotiating a publishing, recording, software, or design contract and want to secure fair terms and correct rights transfers.

- You hired a freelancer or employee to create content and need clarity on who owns the rights and how you may use the work.

- You are launching a website, app, marketing campaign, or product and need to clear third-party content or avoid infringement risk.

- You received a takedown notice or demand letter and need a strategy to respond, settle, or defend.

- You plan to monetize content on platforms and need advice on collective management, royalties, and platform obligations.

- You are dealing with online piracy, counterfeit goods incorporating your work, or customs seizures and need cross-border help.

- You want to structure licenses, assignments, or open-source compliance in software projects.

- You need representation in civil, administrative, or criminal proceedings related to alleged infringement.

Local Laws Overview

- Core statute: Law on Copyright and Related Rights of the Republic of Lithuania. It defines protected works, authorship, economic and moral rights, exceptions and limitations, collective management, and enforcement mechanisms.

- EU and international alignment: Lithuanian law implements EU directives, including the Information Society Directive, the Collective Rights Management Directive, the Software and Database Directives, the Orphan Works regime, and the Digital Single Market rules on text-and-data mining, educational use, press publishers rights, and online content-sharing services. Lithuania is a party to major treaties such as the Berne Convention and WIPO Internet Treaties.

- Ownership and transfers: Authors initially own rights. For works created in employment, economic rights may pass to the employer for the agreed purpose under statutory rules or contract. For computer programs created by employees, economic rights typically vest in the employer. Exclusive licenses and assignments must be in writing. Non-exclusive licenses may be broader but should be documented to avoid disputes.

- Moral rights: In Lithuania, moral rights are strong, inalienable, and protected without time limit. They include the right to be recognized as the author and to object to derogatory treatment of the work.

- Duration: Economic rights generally last for the author’s life plus 70 years. For anonymous or pseudonymous works the term is typically 70 years from lawful publication. Related rights terms depend on the right holder category, with EU-harmonized durations that may reach 70 years for certain phonograms and performances. Sui generis database rights typically last 15 years from completion or first making available.

- Exceptions and limitations: Lithuanian law provides specific permitted uses, including quotation with attribution, private copying with a levy, use for teaching and research under statutory conditions, library and archive uses, parody and caricature, text-and-data mining under certain conditions, and use by people with disabilities. These are not broad US-style fair use clauses - they are narrowly defined, so legal advice is important when in doubt.

- Collective management and public use: Using music, audiovisual works, or other repertoire in public often requires licenses from organizations such as LATGA for authors, AGATA for performers and phonogram producers, and AVAKA for audiovisual authors and producers. Businesses in Marijampolė that play background music, host live performances, or show television content should ensure appropriate licenses are in place.

- Online enforcement: The Lithuanian Radio and Television Commission may act against illegal online audiovisual services, including ordering access restrictions in cooperation with internet service providers, under media and communications legislation. Notice-and-takedown processes also operate on platforms under EU rules.

- Remedies and enforcement: Civil courts can order injunctions, destruction or recall of infringing goods, damages based on actual loss or a lump-sum calculated by reference to hypothetical license fees, and publication of judgments. There are administrative and criminal measures for serious or commercial-scale infringement. Customs can detain suspected infringing goods at the border under EU customs rules.

- Procedure and local practice: Disputes are heard by Lithuania’s general courts, with jurisdiction depending on the claim’s nature and value and certain centralized competencies for specific IP matters. In Marijampolė, you will typically work with local counsel who can file or defend cases in the competent court and coordinate with national authorities and EU mechanisms where needed.

Frequently Asked Questions

What is protected by copyright in Lithuania?

Original works of authorship fixed in any form are protected, including literature, music, films, photography, visual art, software and source code, architecture, choreography, applied art and design, databases with original selection or arrangement, and more. Protection also covers related rights for performers, phonogram producers, and broadcasters.

Do I need to register my work in Lithuania?

No. Copyright arises automatically upon creation and fixation. Although registration is not required, you can keep records and deposit copies or use trusted timestamping to help prove authorship and creation dates in a dispute.

How long does copyright protection last?

Economic rights generally last for the author’s life plus 70 years. Anonymous or pseudonymous works are usually protected for 70 years from lawful publication. Related rights durations vary by right holder category under EU-harmonized rules.

What are moral rights and are they transferable?

Moral rights protect the personal link between the author and the work, including attribution and integrity. Under Lithuanian law they are strong, inalienable, and protected without time limit. They cannot be sold, though authors may agree on how these rights are exercised.

Can I use images or music from the internet if I credit the author?

Not necessarily. Crediting the author does not replace the need for a license unless a statutory exception applies or the content is under a suitable open license. Always check the license terms or seek permission, and comply with attribution and other conditions.

What are the main exceptions for education and research?

There are specific, narrowly tailored exceptions for illustration for teaching, digital and cross-border teaching, and text-and-data mining for research, subject to conditions such as lawful access, non-commercial aims in some cases, and attribution. Institutions should adopt policies and, where needed, obtain licenses to complement exceptions.

Who owns works created by employees or contractors?

Authors initially own rights. For employees, economic rights may pass to the employer for the agreed job duties, especially for software. For contractors and freelancers, rights do not transfer unless the contract clearly assigns them or grants the appropriate license. Always use written agreements.

How do I legally play music or show TV in my business in Marijampolė?

You typically need public performance and communication-to-the-public licenses from relevant collective management organizations. In practice this may mean licenses from LATGA, AGATA, and for audiovisual content also AVAKA or other right holders, depending on the repertoire and how you use it.

What should I do if someone infringes my work?

Collect evidence such as screenshots, URLs, product samples, and dates. Preserve original files with metadata. Consider sending a cease-and-desist letter, filing platform takedowns, seeking interim injunctions, or claiming damages. A local lawyer can assess the best route and coordinate with authorities if criminal or customs action is appropriate.

Is software protected and what about open-source licenses?

Software is protected as a literary work, including source and object code, and documentation. Using open-source components requires compliance with the specific license conditions, which may include obligations to provide source code, attribution, or license notices. Non-compliance can result in infringement claims.

Additional Resources

- Ministry of Culture of the Republic of Lithuania - policy and oversight of copyright and related rights.

- Lithuanian Bar Association - directory of licensed attorneys and legal aid information.

- LATGA - authors collective management for literature, music, visual art, and other repertoires.

- AGATA - neighboring rights organization for performers and producers of phonograms.

- AVAKA - collective management for audiovisual authors and producers.

- Lithuanian Radio and Television Commission - oversight of audiovisual media services and online enforcement measures.

- Communications Regulatory Authority of the Republic of Lithuania - supervision of electronic communications and cooperation on court or authority orders.

- State Customs authorities - border measures against infringing goods under EU customs rules.

- Courts of the Republic of Lithuania - civil, administrative, and criminal enforcement forums.

Next Steps

- Clarify your goals: Do you want content removed, compensation, proper licensing, or a defense strategy if you received a claim.

- Preserve evidence: Save originals, collect timestamps, keep copies of contracts, invoices, emails, and take dated screenshots and URL captures.

- Audit your rights: Identify who created the work, under what contract, and what licenses or permissions you have or need.

- Seek local counsel: Contact a licensed attorney who practices intellectual property and copyright in Lithuania and can assist you in Marijampolė. Ask about experience, timelines, language options, and fees.

- Address licensing promptly: For businesses using music or audiovisual content, contact the appropriate collective management organizations to regularize licenses and avoid penalties.

- Consider early resolution: Takedown notices, cease-and-desist letters, and negotiated settlements can be efficient. Your lawyer can assess leverage and draft enforceable terms.

- Mind deadlines: Civil claims are subject to limitation periods under Lithuanian law, and interim measures may be time sensitive. Act quickly to protect your position.

- Plan for compliance: Implement internal policies on content use, open-source management, employee and contractor agreements, and record-keeping to reduce future risk.

- Explore funding: Ask about cost estimates, legal aid eligibility, insurance coverage for legal expenses, or staged strategies to match your budget.

- Follow through: If litigation or administrative action is necessary, your lawyer will file in the competent court or authority and coordinate any cross-border aspects under EU rules.