1 republic of lithuania law amending the law on CINEMA No. Vilnius

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REPUBLIC OF LITHUANIA
LAW AMENDING THE LAW ON CINEMA
22 December 2011 No. XI-1897
Vilnius
(Official Gazette, 2002, No. 31-1107; 2003, No. 108-4812; 2009, No. 77-3163)
Article 1. New Version of the Law of the Republic of Lithuania on Cinema
The Law of the Republic of Lithuania on Cinema shall be amended and set forth to
read as follows:
“REPUBLIC OF LITHUANIA
LAW ON CINEMA
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of this Law
This Law shall establish the fundamentals of State administration of cinema and
State funding for cinema as an important field of Lithuanian culture, the protection of film
heritage, and the procedure of film distribution and public exhibition of films in cinema
theatres in the Republic of Lithuania.
Article 2. Application of the Law
The provisions of this Law shall apply to Lithuanian natural and legal persons and
other organisations established in another Member State of the European Union or a State
of the European Economic Area in producing, distributing films and exhibiting films in
cinema theatres.
Article 3. Main Definitions of this Law
1. Co-production means the production of a film with the participation of a
Lithuanian film producer and a foreign film producer, in compliance with the Civil Code
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of the Republic of Lithuania, the international treaties ratified by the Republic of Lithuania
and other legal acts of the Republic of Lithuania.
2. Experimental film means a film of innovative content and (or) form the artistic
value of which is more important than the commercial success of the film.
3. Film means an audiovisual work that consists of a series of related images
consistently fixed on film or another kind of media and which is designed to be recreated
by any technical means and to be publicly exhibited.
4. Film production means a phase of implementation of the creative idea of a film
in the course of which a film is created by shooting in accordance with the script, the
filming schedule and the estimate of expenditure.
5. Film producer means a citizen of the Republic of Lithuania or another State of
the European Economic Area, or another natural person who exercises the rights of
movement in the Member States provided for by the legal acts of the European Union, as
well as a legal person or another organisation or branches thereof established in the
Republic of Lithuania or another State of the European Economic Area, engaged in film
production and responsible for the creative, organisational and financial processes of film
production.
6. Film distribution means rental, lending or sale of the original or copies of a
film.
7. Exhibition of a film means a presentation of a film to the audience in cinema
theatres, on television and in other public places by any technical equipment means that
are in compliance with the special quality requirements.
8. Production of film prints means the making of copies of a film.
9. Cinema means a field of culture that comprises the film creation and production
activity, film distribution, public exhibition of films, activity of cinema theatres, film
promotion and protection of film heritage.
10. Film heritage means the original film material or the material that may be used
to recreate a film which is collected, protected, documented, restored and, when necessary
used for educational, scientific and cultural purposes in accordance with the procedure
provided for by the Law of the Republic of Lithuania on Documents and Archives
(hereinafter – the Law on Documents and Archives).
11. Filmmaking tools means raw material, props, pavilions and technical
equipment (mechanisms, equipment, technical devices and spare parts thereof) that are
used to produce, make prints, distribute and publicly exhibit films.
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12. Film Project means a plan for implementation of a film idea submitted with a
view to obtaining State funding. Preproduction of a film, film production, film promotion,
film distribution and collection and protection of film heritage are eligible for funding.
13. Film promotion means the presentation of films, creators and producers of
films in film festivals, forums, retrospectives, educational events, film publications and
specialised websites.
14. Cinema theatre means a special place dedicated for constant public exhibition
of films.
15. Lithuanian film producer means a film producer – a natural person who is a
citizen of the Republic of Lithuania, or another natural person who exercises the rights of
free movement in the Member States provided for by the legal acts of the European Union
who has the right to reside in the Republic of Lithuania, or a legal person or a subdivision
thereof established in the Republic of Lithuania, also a subdivision or a subsidiary,
established in the Republic of Lithuania, of a legal person or another organisation
established in a State of the European Economic Area.
16. Low-budget film means a film the production expenses of which are lower
than the double State funding quota established by the Lithuanian Film Centre for the
current year.
17. Original film material means the material necessary for reproducing and
making high quality prints of a film and the material suitable for long-term preservation (a
negative, a reference copy, a phonogram with music and noises, etc.), also the first fixation
of a film.
18. Pre-production means a phase of implementation of the creative idea of a film
in the course of which a script is being created, the rights to use copyright works and
objects of related rights are being obtained, the material in archives is being collected, the
filming schedule is being drafted (the course of shooting divided in accordance with
numbered scenes and corresponding decorations and motives), a creative crew is being
formed, the dates of filming and rehearsals of lead actors and other participants are being
planned, the sketches of decorations and costumes are being created, graphic projects are
being prepared, investors and partners are being located, a detailed film production
estimate and a marketing strategy is being drafted, as well as other works that need to be
completed before the film production phase are carried out.
19. Pornographic film means a film the principal aim of which is to demonstrate
openly and in detail a sexual intercourse, sexual organs, defecation, masturbation or sexual
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perversions (paedophilia, sadism, masochism, zoophilia, necrophilia, etc.). The laws of the
Republic of Lithuania prohibit the production, distribution and public exhibition of
pornographic films.
20. Violent film means a film which shows in detail the killing, injury or torture of
people or animals, or any other behaviour causing paint, discomfort or other kind of
damage (physical, psychological or material) to people or animals, also vandalism, and
(or) when violence and cruelty are being presented positively, promoted or being enjoyed.
21. Foreign film producer means a film producer – a natural person, regardless of
whether he or she holds a citizenship of any foreign country, or any legal person or
another organisation or subdivisions thereof established in any foreign State.
22. State funding of film projects (hereinafter – State funding) means the State
support from the funds of the State budget provided for the implementation of film
projects in accordance with the scheme specified in the Treaty on the Functioning of the
European Union and approved by the European Commission.
Article 4. National Film
1. A film shall be considered as a national film in the event that it complies with all
the following conditions:
1) a film is produced by a Lithuanian film producer;
2) a film director, an author of the script or the adapted literary work, or one of the
lead actors is a citizen of the Republic of Lithuania or a permanent resident of the
Republic of Lithuania;
3) the first fixation of a film is in Lithuanian, or the film is dubbed (subtitled) in
Lithuanian if the language of the film is a forein language.
2. A co-produced film shall be considered a national film in the event that it is
produced taking into consideration the conditions provided for by the conventions,
directives and international treaties ratified by the laws of the Republic of Lithuania.
CHAPTER TWO
STATE ADMINISTRATION OF CINEMA
Article 5. Entities Responsible for Formation and Implementation of State
Film Policy
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1. The Ministry of Culture of the Republic of Lithuania (hereinafter – the Ministry
of Culture) shall:
1) form State film policy and prepare drafts of laws and other legal acts in the
cinema field;
2) analyse the trends of cinema development in the Republic of Lithuania and in
foreign countries, initiate and draft strategic planning documents in the cinema field
(concepts, strategies, programmes), and carry out the monitoring of implementation of
these documents;
3) at the assignment of the Government of the Republic of Lithuania (hereinafter –
the Government) or the Prime Minister, represent the Republic of Lithuania in foreign
countries or international organisations; in accordance with the competence and the
established procedure maintain contacts with respective foreign institutions and
international organisations, and, in accordance with the procedure provided for by the Law
of the Republic of Lithuania on International Treaties, conclude and implement the
international treaties;
4) coordinate and control the activities of the Lithuanian Film Centre under the
Ministry of Culture.
2. The Lithuanian Film Centre under the Ministry of Culture (hereinafter – the
Lithuanian Film Centre) shall:
1) participate in the formation of State film policy;
2) implement State film policy and exercise the functions entrusted thereto in
accordance with this Law and other legal acts;
3) organise film project tenders for State funding;
4) give advice to film producers concerning the preparation of film projects;
5) allocate State funding for film projects;
6) exercise control over the use and reporting of State funding;
7) prepare measures for improving professional mastership and qualifications of
film creators and specialists in the Republic of Lithuania and abroad;
8) represent the Republic of Lithuania in foreign and international institutions,
organisations, programmes, funds, events, and cooperate with film organisations of the
Republic of Lithuania and foreign countries in implementing international film
programmes;
9) coordinate the European Union support programmes for the audiovisual sector
in the Republic of Lithuania;
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10) create a common information and statistical database of the cinema field,
disseminate information on Lithuanian cinema;
11) manage the Film Registry;
12) index films in accordance with the age rating of the audience;
13) organise the work of the Film Council;
14) promote foreign investments in the Lithuanian cinema;
15) provide information to the general public on the implementation of State film
policy;
16) collect and use films for the purposes of educating the general public in the
cinema field.
CHAPTER THREE
FUNDING FOR CINEMA
Article 6. Funding for cinema
1. Cinema shall be funded from the following sources:
1) State budget funds, taking into consideration the programmes prepared by the
Lithuanian Film Centre;
2) 60 per cent of actual income from value added tax for distribution and
exhibition of films in cinema theatres of the previous year. The amount shall be calculated
in accordance with the data published by the Lithuanian Department of Statistics;
3) municipality budget funds;
4) other funds obtained in accordance with the procedure established by legal acts.
2. Municipality budget funds shall be allocated for:
1) production of films;
2) supporting the main activity of municipality cinema theatres;
3) supporting other municipality film projects.
Article 7. Areas of State Funding
State funding shall be allocated for:
1) preproduction, production, distribution and exhibition of films;
2) film promotion;
3) collection and preservation of film heritage.
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Article 8. Criteria of State Funding
1. State funding shall be allocated for preproduction and production of films if they
comply with at least two cultural criteria:
1) the script or the main topic of a film is based on the events of the Lithuanian or
the European culture, history, religion, mythology or social life;
2) the film tells a story about a well-known Lithuanian or European personality
from the field of culture, history, religion or social life, or a mythological character;
3) the script or the main topic of a film is based on a significant Lithuanian or
European literary work;
4) the film portrays important Lithuanian or European values: cultural and
religious diversity, human rights and citizenship, democracy and solidarity, minority rights
and tolerance, respect for cultural and family traditions;
5) the film analyses the issues of national or European identity.
2. State funding shall be allocated for film promotion projects if the object of these
projects is:
1) a film that received State funding;
2) a film that was produced without State funding but which complies with at least
two cultural criteria specified in Paragraph 1 of this Article.
3. State funding shall be allocated for film heritage collection and preservation
projects if the object of these projects is the original film material or the material which
may be used to recreate a film, provided that these films comply with the criteria specified
in Paragraph 2 of this Article .
4. State funding shall not be allocated for:
1) compensation for production expenses of films already produced;
2) creation of television programmes;
3) creation of violent films;
4) creation of pornographic films.
Article 9. Fundamentals of State Funding
1. State funding shall not exceed 50 per cent of the film production budget and 75
per cent of the budget of a low-budget or an experimental film, in line with the quotas for
the areas of State funding established by the Minister of Culture. The possible amounts of
State funding for other film projects shall be determined by the Minister of Culture. The
aforementioned percentages shall include the funding granted by the State and
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municipality institutions and organisations, as well as the bank interest calculated for the
funds allocated by the State and municipalities that must be used for film production.
2. State funding shall be allocated only to legal persons or other organisations or
the subdivisions thereof established in the Republic of Lithuania or another State of the
European Economic Area (hereinafter – the legal persons), that are, as one of the main
fields of activity, engaged in:
1) film production;
2) film distribution;
3) exhibition of films;
4) film promotion;
5) collection and protection of film heritage.
3. Applications concerning the allocation of State funding for a film project shall
be submitted to the Lithuanian Film Centre by a legal person. Natural persons may be the
partners of implementation of a film project.
4. The films that are being co-produced shall be awarded a State funding priority.
5. Legal persons may use up to 20 per cent of State funding allocated for film
production outside the Republic of Lithuania.
6. The Minister of Culture shall approve the Regulations on State Funding for Film
Projects. These Regulations shall specify:
1) the terms and procedure of the tender;
2) the application content requirements;
3) qualitative, qualification, technical, financial and economical criteria for
evaluation of film projects;
4) the priorities of State funding;
5) the quotas of the areas of State funding;
6) the procedures of consideration of applications;
7) the requirements to use State funding efficiently and transparently;
8) the procedure of allocating State funding;
9) the conditions and procedure of transfer of the original film material to State
archives, and the supervision of compliance with these conditions;
10) the procedures of reporting on the use of the received State funding;
11) the content requirements of the agreement. The agreement shall specify: the
ground for granting State funding for a film project; the deadline for implementation of a
film project; the date of completion of film production; the film premiere date; the
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requirements for using State funding in the course of implementation of a film project; the
terms and conditions and the time limits of reporting on the use of State funding; the terms
and conditions and the time limits for repaying the State funding; the terms and conditions
and the time limits for recovery of State funding; the obligation of the legal person to
transfer, within the established time limit, the original material of a national film to the
State archives.
7. State funding shall not be allocated to a legal person if:
1) a member of the management bodies or a joint owner of the legal person is, by
an effective court judgement, found guilty of a crime or a misdemeanour against the
financial system, intellectual property, or economy and business order;
2) a member of the management bodies or a joint owner of the legal person has
been subject to sanctions for administrative violations: public procurement infringements,
or infringements of the order of commercial or economic activity; infringements of the
order of submission of reports and documents on income, property, profit and taxes; tax
avoidance; unlawful commercial, economic, financial or professional practice;
infringements of accounting regulations; or infringements of copyright and related rights;
3) it failed to report on the use of the allocated State funding;
4) it failed to transfer the original material of a national film to the State archives,
when it was obliged to do so in accordance with this Law and other laws;
5) it is managed by an assigned administrator or is undergoing liquidation, or
bankruptcy or rescue procedures have been initiated in respect to this legal person.
8. State funding shall not be allocated to a legal person until a member of the
management bodies or a joint owner of the legal person convicted for a crime or
misdemeanour specified in subparagraph 1 of Paragraph 7 of this Article is fully
rehabilitated.
9. State funding shall not be allocated to a legal person for a period of two years
from the day of imposing an administrative sanction for the administrative violations
specified in subparagraph 2 of Paragraph 7 of this Article on a member of the management
body or a joint owner of this legal person.
10. State funding shall not be allocated to a legal person for a period of five years
from the day of recovery of the State funding in accordance with the procedure provided
for by the legal acts.
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11. State funding shall not be allocated to a legal person that failed to transfer the
original material of a national film to the State archives from the day on which the original
material of a national film had to be transferred.
12. In the event that the restrictions specified in Paragraph 7 of this Article arise or
become evident after the allocation of State funding, a legal person shall be obliged to
repay the State funding allocated for a film project to the Lithuanian Film Centre within
the prescribed time limit. The State funding that the legal person fails to repay shall be
recovered from that legal person in accordance with the procedure established by the legal
acts of the Republic of Lithuania.
Article 10. Film Council
1. The Film Council (hereinafter – the Council) is a collegiate and advisory
institution of the Lithuanian Film Centre. The Council shall evaluate the film projects
submitted with a view to receiving State funding, present proposals concerning the State
funding for film projects, assess the results of implementation of film projects, and shall
submit proposals concerning these issues to the Director of the Lithuanian Film Centre.
The conclusion of each member of the Council concerning each film project shall be made
in writing.
2. The Council shall consist of 7 members. It shall be composed of creators of
cinematic art, professional valuers of cinematic art, film producers and representatives of
the Lithuanian Film Centre.
3. The term of office of a member of the Council shall be two years. A member of
the Council shall hold office no more than 2 consecutive terms.
4. The criteria of selecting, appointing and withdrawing the members of the
Council, the composition and the Regulations of the Council, as well as the procedure of
payment for the work of Council members shall be established by the Director of the
Lithuanian Film Centre in coordination with the Minister of Culture.
5. A member of the Council shall be withdrawn if he or she:
1) refuses to hold office;
2) is found guilty of committing a crime by an effective court judgment;
3) fails to perform his or her duties;
4) deceases.
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Article 11. Commission by the State
1. The films commissioned by the State shall be the films commissioned by the
Government or, at the assignment of the Government, by another entity of State
administration.
2. The Government shall allocate targeted State funding for the implementation of
the commission by the State.
3. The commission by the State shall be carried out in accordance with the
procedure established by the Law of the Republic of Lithuania on Public Procurement.
4. The owner of economic rights of authors of a film and the related rights in the
first fixation of a film produced following a commission by the State shall be the State.
Article 12. Supervision of the Use of State Funding
1. The Lithuanian Film Centre shall supervise the lawfulness of the use of State
funding.
2. The Lithuanian Film Centre shall determine the procedure and the modes of
supervision of the use of State funding.
3. In performing the supervision, the Lithuanian Film Centre shall have the right to
demand to submit documents or information in another durable media that are or may be
of significance in determining whether the State funding is being used properly.
4. In the event that it is established that a legal person fails to use the State funding
in accordance with the intended purpose, or fails to follow the time limits or other
provisions of the agreement on State funding for a film project, the Lithuanian Film Centre
shall be entitled to terminate the agreement on State funding for a film project concluded
with a legal person.
5. When terminating the agreement on State funding for a film project concluded
with a legal person, the Lithuanian Film Centre shall set a time limit for repaying the State
funding.
6. If a legal person fails to return the State funding within the time limit specified
by the Lithuanian Film Centre, the State funding shall be recovered in accordance with the
procedure provided for by the legal acts of the Republic of Lithuania.
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CHAPTER FOUR
DISTRIBUTION AND EXHIBITION OF FILMS
Article 13. Requirements for Distribution and Exhibition of Films
1. It is permitted to distribute and exhibit films in the Republic of Lithuania only
once an authorisation from the holders of copyright and related rights or their authorised
persons is obtained in accordance with the procedure established by law.
2. Natural and legal persons who are engaged in the exhibition of films in cinema
theatres must:
1) have a certificate specifying the index of a film according to the age rating of
the audience;
2) register the film in the Film Registry.
3. The information that is meant to publicly present the films exhibited in cinema
theatres shall be subject to the provisions of the Law of the Republic of Lithuania on the
Protection of Minors against the Detrimental Effect of Public Information and the Law of
the Republic of Lithuania on the Provision of Information to the Public.
4. The Lithuanian National Radio and Television, at the written proposal of the
institution of State administration having commissioned the film or the film producer,
shall, for a period of one year from the registration of a film in the Film Registry, have the
obligation of the first showing in television programmes of a film the production of which
has been 100 per cent funded from the State budget.
5. The cultural and (or) educational entities and (or) institutions specified by the
Minister of Culture shall have the right to make a digital copy of a State-funded film and
exhibit it for cultural and educational purposes or preserve this copy in implementing the
activity goals provided for these entities or institutions.
Article 14. Indexing of Films according to the Age Rating of the Audience
1. The films exhibited in cinema theatres shall be indexed according to the age
rating of the audience.
2. The films that are exhibited in cinema theatres during the events dedicated to
satisfy the cultural, artistic or educational needs of the general public (festivals,
workshops, retrospectives, etc.) shall not be indexed according to the age rating of the
audience.
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3. The film indexes according to the age rating of the audience that have to be
indicated on film posters, other advertising material and any other type of information
dedicated to film previews shall be attributed by the Lithuanian Film Centre, upon the
submission of the Film Indexing Commission.
4. The Film Indexing Commission shall consist of 7 members. The Ministry of
Education and Science of the Republic of Lithuania, the Institution of the Ombudsman for
Children Rights of the Republic of Lithuania, the Lithuanian Filmmakers Union, the
Council of Higher Education, the Association of Lithuanian Psychiatrists, the Lithuanian
Youth Council and the Lithuanian Film Centre shall each delegate one member to this
Commission.
5. The composition of the Film Indexing Commission, the Regulations of the
Commission which shall specify the criteria for evaluation of films according to the age
rating of the audience, as well as the description of the terms and conditions and procedure
of payment for the services rendered by the members of the Commission shall be
approved by the Director of the Lithuanian Film Centre in coordination with the Minister
of Culture.
6. A State fee shall be charged in accordance with the procedure established by the
Law of the Republic of Lithuania on State Fees for the issuing of a certificate specifying
the film index according to the age rating of the audience.
7. The film indexes shall be attributed before registering the films in the Film
Registry.
8. A natural or a legal person (hereinafter – the person) who is engaged in the
exhibition of films in cinema theatres shall submit to the Film Indexing Commission an
application concerning the issuing of a certificate specifying the film index according to
the age rating of the audience no later than 20 business days before the first exhibition of a
film in a cinema theatre.
9. A person who is engaged in the exhibition of films in cinema theatres shall, after
submitting to the Film Indexing Commission an application to index films, organise the
screenings of films that are requested to be indexed for the Film Indexing Commission.
10. A certificate specifying the film index according to the age rating of the
audience shall be issued within 10 business days from the day of filing an application to
the Film Indexing Commission. This time limit may be extended up to 15 business days
by a motivated decision of the Chairman of the Film Indexing Commission.
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11. The following film indexes shall be established according to the age rating of
the audience:
1) “V” for films dedicated to the audience of different ages;
2) “N-7” for films dedicated to the audience aged 7 and over;
3) “N-13” for films dedicated to the audience aged 13 and over;
4) “N-16” for films dedicated to the audience aged 16 and over;
5) “N-18” for films dedicated to the audience aged 18 and over.
12. In the event that the Film Indexing Commission determines that a film is
pornographic or violent, the certificate specifying the film index according to the age
rating of the audience shall not be issued, the film shall not be registered in the Film
Registry and it shall be prohibited to exhibit the film in cinema theatres in the Republic of
Lithuania.
13. The owners and (or) managers of cinema theatres shall ensure that:
1) the information clarifying the meaning of indexes is made publicly available to
the audience;
2) the presentations (previews) of films indexed “N-18”, “N-16”, “N-13” and “N7” are not showed before and after the films that are dedicated for younger audiences than
those of the films being presented (previewed);
3) minor audiences of the age below the age specified in the film index are not
allowed to enter the cinema hall.
14. The information on the indexes attributed to films in the Republic of Lithuania
shall be provided by the Film Registry.
15. The films exhibited in festivals, workshops, retrospectives and other events
dedicated to satisfying the cultural, artistic or educational needs of the general public shall
be indexed according to the age rating of the audience by the organisers of events. In the
event that a film has been attributed an index according to the age rating of the audience in
the Republic of Lithuania, the organisers of events shall mark such a film with the index
attributed to the film in the Republic of Lithuania, and in the event that no index according
to the age rating of the audience has been attributed to a film in the Republic of Lithuania,
such a film shall be marked with the index of the age rating of the audience attributed by
the country of production of the film.
16. The persons who are engaged in film distribution shall ensure that each film
media package indicate a film index attributed in the Republic of Lithuania or the index of
the age rating of the audience of the country of production of the film.
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Article 15. Film Registry
1. The Film Registry is a State registry established by the Government and
managed by the Lithuanian Film Centre. The Ministry of Culture shall be the leading
management entity of the Film Registry.
2. All the films produced in Lithuania and the films brought into the Republic of
Lithuania with a view to exhibiting them in cinema theatres have to be registered in the
Film Registry.
3. The films brought into the Republic of Lithuania with a view to exhibiting them
in cinema theatres during the events dedicated to satisfy the cultural, artistic or educational
needs of the general public (festivals, workshops, retrospectives, etc.) shall not be
registered in the Film Registry.
4. A film shall be registered in the Film Registry within 14 business days from the
day of attribution of a film index according to the age rating of the audience by the Film
Indexing Commission.
5. The Film Registry shall contain the following data of a film:
1) the title of the film;
2) the main creators of the film (author of the script, director, director of
photography, composer and art director);
3) the owner(s) of economic rights of authors and the producer(s) of the first
fixation of a film;
4) the running time of the film;
5) the country of production of the film;
6) the production date of the film;
7) the place of preservation of the original film material;
8) the terms and conditions of the licence agreement;
9) the index attributed to the film according to the age rating of the audience in the
Republic of Lithuania.
6. It shall be refused to register a film or the registration of a registered film shall
be declared void when:
1) an audiovisual work submitted for registration may not be considered as a film
in accordance with Paragraph 3 of Article 3 of this Law;
2) no documents attesting the authorisation by the owners of copyright and related
rights or their authorised persons to exhibit the film are submitted;
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3) no certificate specifying the film index according to the age rating of the
audience is issued for a film;
4) no data specified in Paragraph 5 of this Article are submitted;
5) it becomes evident that false (incorrect) data concerning the film have been
submitted.
CHAPTER FIVE
PROTECTION OF FILM HERITAGE
Article 16. Protection of Lithuanian Film Heritage
1. The protection of Lithuanian film heritage shall be the responsibility of the
Office of the Chief Archivist of Lithuania.
2. The original material of national films shall be preserved in State archives as a
national property. The State archives shall use the original material of national films in
cases and in accordance with the procedure provided for by the Law on Documents and
Archives, the Law of the Republic of Lithuania on Copyright and Related Rights, and the
contract concluded between the State archive and the film producer.
3. In the event that State funding was allocated for the production of a film, the
film producer must transfer the original material of a national film to the State archives for
preservation.
4. In the event that a national film was produced using private resources only, the
procedure of preservation and use of the original film material shall be established in the
contract concluded between the film producer and the State archives.
5. The provisions of Paragraphs 1 and 2 of this Article shall not apply to a coproduced film, provided that the agreement stipulates that the original film material shall
be preserved by the other contracting party.
6. The procedure for preservation of the original material of a national film shall be
the following:
1) the original material of a national film must be transferred to State archives for
preservation by a film producer;
2) the original material of a national film must be transferred no later than within
12 months from the day of production of the first fixation of a film;
3) it shall be prohibited to destroy the original material of a national film.
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7. The Lithuanian Film Centre shall submit the information on the national films
produced to State archives within 5 business days from the day of production of a film.
8. State archives shall notify the Lithuanian Film Centre about the original film
material of national films accepted from film producers for preservation within 5 business
days from the day of accepting the original film material for preservation.”
Article 2. Implementation and Entry into Force of the Law
1. This Law, except for paragraph 2 of this Article, shall come into force on 1 May
2012.
2. The Government of the Republic of Lithuania and the Ministry of Culture shall,
before the entry into force of this Law, draft and approve the legal acts implementing this
Law.
3. When exhibiting films indexed before the entry into force of this Law, it shall be
permitted, for a period of one year from the entry into force of this Law, to use the film
indexes granted in accordance with the provisions of the Law of the Republic of Lithuania
on Cinema previously in force. Once the Lithuanian Film Centre under the Ministry of
Culture starts to operate, the functioning Film Registry shall be reorganised and the data
held by the Film Registry shall be transferred to the Lithuanian Film Centre under the
Ministry of Culture in accordance with the procedure established by the Law of the
Republic of Lithuania on the Management of State Information Resources. The films
registered in the Film Registry that, according to the age rating of the audience, have been
attributed film indexes “A”, “T” and “S” shall be attributed new indexes “V”, “N-13” and
“N-18”.
4. The registration of films in the Film Registry carried out before the effective day
of this Law shall remain in force until the expiry of the film rights in the Republic of
Lithuania that are granted or transferred under copyright, licence or other type of
agreements concluded with copyright owners.
5. The provisions of this Law related to the State aid criteria established by the
European Commission shall remain in force until the European Commission announces
new criteria, but no later than until 1 January 2016.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC OF LITHUANIA
DALIA GRYBAUSKAITÄ–
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