Atlikėjų teisių perdavimo prezumpcijos

Abstract

The article analyzes the presumptions of transfer of performers’ rights as set out in the Law of the Republic of Lithuania on Copyrights and Related Rights. Lithuania’s legal literature has so far omitted this subject, hence the article starts with the analysis of development of performers’ rights considering the impact of international and regional legal provisions on the regulation of performers’ rights and incorporation of presumption of the transfer of rights to audio-visual performance records in national legislation of the majority of states, including Lithuania. Other application of presumption of the performers’ rights transfer is concerned with the performer’s labour relations. This area of legal regulation covers the legal relations emerging in both audio-visual segment, and other spheres of culture and art, such as the activities of broadcasting institutions (radio, television), as well as various fields of theatrics (theatrical plays and other theatrical performances, programmes of concert literature and pieces of music, etc.). The article concludes that the application of presumptions to civil relationships, which develop in various areas of literature and works of art performances, does not lead to consistency and clarity. To avoid any conflicts, which may result from vague legal regulation, Lithuania’s legal provisions governing the presumptions of transfer of performers’ rights need to be improved.