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Television Format Protection in Lithuania – The First Comprehensive Court Assessment

2025.01.21

Andrius Iškauskas, Partner

Arminas Magyla, Senior Associate

The courts have made a significant decision that will set a legal precedent regarding the protection of television formats. The case examined whether the Lithuanian National Radio and Television (LRT) violated copyright laws by broadcasting the musical project “Miuziklo garsai” (Sounds of the Musical). The plaintiffs argued that this show was identical to their 2020 project proposal for the LRT competition titled “Miuziklų žvaigždė” (Musical Stars), which came second in the competition but was not implemented.

The courts dismissed the plaintiffs’ claims, noting that their proposed idea was not original and therefore not protectable. “This is the first time in Lithuanian court practice that it has been clearly stated that television formats are not protected if they lack originality,” said Andrius Iškauskas, the head of NOOR’s Technology and Media, Data Protection, and Intellectual Property Group, who represented LRT.

LRT argued that the plaintiffs’ proposal did not meet the originality requirement necessary for copyright protection and therefore could not be considered a copyrighted work. LRT also pointed out that there are many similar television projects worldwide in which performers compete by performing musical arias, meaning the plaintiffs’ idea could not be considered original. Furthermore, the LRT project “Miuziklo garsai” differed from the plaintiffs’ proposed “Miuziklų žvaigždė” project. Both the first and appellate instance courts recognized that the proposal submitted by the plaintiffs was the result of their creative work. However, this alone was not enough to consider the project a copyright-protected work because it did not meet another essential criterion—originality. Additionally, the courts determined that the LRT broadcast and the plaintiffs’ idea had significant differences, and therefore, there was no basis to claim that the plaintiffs’ project was used without permission, nor to assert a violation of copyright or other rights.

“The case required a detailed comparative analysis of both TV projects, witness testimony, as well as judicial expertise and conclusions from several copyright law specialists. It is gratifying that our efforts paid off, and the client’s interests were successfully defended. Moreover, the court’s practice in copyright disputes has been significantly enriched,” said attorney Arminas Magyla, who represented LRT in this litigation.

This decision is an important precedent that establishes the criteria for when a television format can be considered an original work and protected by copyright.

 

Team