art 2004/1

Zbigniew Rogalski. Be pavadinimo. 2003, drobė, aliejus, 140x110
Paroda „Po baltai raudona vėliava“. Vilnius, Šiuolaikinio meno centras (2004 03 19–05 02)

Antanas Obcarskas. Trys aksonometrinės plokštumos, I–II. 2004, drobė, aliejus, silikonas, 146x195
Vilniaus tapybos trienalė. Vilnius, Šiuolaikinio meno centras (2004 05 14–06 13)

The Protection of Works of Art in the Expanded European Union

by Nijolė Janina Matulevičienė

The new edition of the Lithuanian Law of the Copyright and Subsidiary Rights (of 2003) is in full compliance with the European Union’s 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 Convention’s 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, manual,
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 author’s 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.