Zbigniew Rogalski. Be pavadinimo. 2003, drobė,
Paroda Po baltai raudona vėliava. Vilnius, Šiuolaikinio meno centras
(2004 03 1905 02)
Antanas Obcarskas. Trys aksonometrinės plokštumos,
III. 2004, drobė, aliejus, silikonas, 146x195
Vilniaus tapybos trienalė. Vilnius, Šiuolaikinio meno centras (2004
05 1406 13)
of Works of Art in the Expanded European Union
The new edition
of the Lithuanian Law of the Copyright and Subsidiary Rights (of 2003)
is in full compliance with the European Unions legal requirements.
Yet practical implementation of the rights of authors
in Lithuania causes problems, especially in regard of artistic works.
Purchasing a work of art creates the illusion for the owner that he
has acquired a copyright. Often, even artists do not understand what
the exclusive nature of the authors rights implies. The article
dwells on the nature of the exclusive authors property rights
and the content of agreements or licences that need to be drafted, should
these rights be transferred. The copyright, or the right to reproduction,
is, of course, the authors key right.
Based on the Berne Conventions commentary, the phrasing referring
to reproducing "in any form or way&" is spelled out as all
the methods that are known today and will be invented in the future,
mechanical, or digital.
The authors right to an interest in any sale of work subsequent
to the first transfer by the author of the work, is integrated in the
Berne Convention, and stipulated by the Lithuanian national law. The
new European directive, which still has to be integrated into the national
legislation, provides for an interest in case of a legal copy as well.
This right will apply not only to publicly re-sold works (as it is now),
but also to all other forms of ownership transference, including e-commerce.
Alongside, the justifications for legitimate limitation of authors
copyright is analysed, and how the principle of inalienability and proportionality
of the authors rights applies. The article also defines the nature
of the moral rights of authors.