Lithuania has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Article 25 of the Law of 18 May 1999 No VIII- 1185 on Copyright and Related Rights. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction, publishing, adaptation and communication to the public, including the making available to the public via computer networks (on the Internet), of lawfully published or communicated to the public works, including audio version (also in electronic form) and Braille versions of works and works specially adapted for persons with intellectual and reading impairments, for the benefit of natural and legal persons approved by the institution authorised by the Government representing the interests of persons with a disability, when they act for non- commercial purposes, provided that only persons with a disability shall have the possibility to use and access this work, to the extent required by the specific disability, with the exception of the works specially created for this purpose.

Implementation details:

Beneficiaries:

  • people with disabilities
  • natural and legal persons approved by the institution authorised by the Government representing the interests of persons with a disability (when they act for non-commercial purposes|

Purposes:

  • non-commercial purposes, for the benefit of people with disabilities

Usage:

  • reproduction
  • publishing
  • adaptation
  • communication to the public
  • making available to the public via computer networks (on the Internet)

Subject Matter:

  • works, including audio version and Braille versions of works, as well as adapted works (except works specially created for the use of persons with disabilities)
  • performances
  • phonograms
  • film fixations
  • broadcasts
  • electronic press publications

Compensation:

  • no compensation required

Attribution:

  • the source, including the author’s name, must be indicated, where possible

Other Conditions:

  • works used must be lawfully published or communicated to the public
  • works must be used only by persons with a disability
  • works must be used to the extent required by the specific disability
  • works specially created for the use of persons with disabilities are expressly excluded by the scope of the exception

Introduced/last updated: 05 March 2003

Remarks: Under p.3 of the provision, the adaptation of works for persons with intellectual and reading impairments means a transformation of works by simplifying lexis, grammar and (or) morphology, or by shortening the text, i.e. in such a manner as to make the works perceivable by persons with such impairments.

The exception extends to neighbouring rights as per Section 58(1), p.8 of the CA which provides for the use for a non-commercial purpose in the manner specified in Article 25 of this Law.