Problems of Individual Exercise of Performers’ Economic Rights in Lithuania (article in Lithuanian)
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Abstract
Practical issues of the individual exercise of performers’ economic rights in Lithuania are analysed in the article. The analysis is divided in two parts: the first part deals with the peculiarities of the transfer of performers’ exclusive economic rights under civil contracts and focuses on performers’ rights exercise under employment contract and analyses problems related to the legal presumption of performers’ rights’ transfer to the employer.
Analysis of the factual relations between performers and their contractors in Lithuania has shown that in most cases performers’ economic rights are transferred under copyright agreement. Even though the legal rules on the transfer of performers’ rights should protect performers as weaker party of agreement against theirs contractors, performers in most cases conclude contracts with vague, unclear, uncertain clauses. Usually the agreements do not differentiate the remuneration for the performance service and the transfer of economic rights. These factors allow making a conclusion that the individual exercise of performers’ economic rights despite the existing protective legal regulation is not effective and does not ensure equitable economic benefit for the performers.
Analysis of the factual relations between performers and their contractors in Lithuania has shown that in most cases performers’ economic rights are transferred under copyright agreement. Even though the legal rules on the transfer of performers’ rights should protect performers as weaker party of agreement against theirs contractors, performers in most cases conclude contracts with vague, unclear, uncertain clauses. Usually the agreements do not differentiate the remuneration for the performance service and the transfer of economic rights. These factors allow making a conclusion that the individual exercise of performers’ economic rights despite the existing protective legal regulation is not effective and does not ensure equitable economic benefit for the performers.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
