| Abstract [eng] |
This master`s thesis examines whether social networks accounts and their content should be classified as objects of intellectual property law, general property law or sui generis. It is concluded that social networks are service providers and internet intermediaries that provides platforms where users can create their public or semi-public accounts and voluntarily upload various type of content. By analyzing legislature, doctrine and agreements between service providers and users it is determined that social networks content, which falls under the list of protected objects of intellectual property, should be classified as objects of intellectual property law. Major attention is paid to virtual property doctrine and court decisions related to virtual property and a conclusion is made that social media accounts are virtual property that belongs to a user and should be classified as objects of general property law. Later it is examined whether social network accounts and their content should be classified as sui generis objects and it is concluded that in Lithuanian law this new classification is not necessary. Investigation is conducted on how social network accounts and their content are used in civil turnover and the conclusion is made that copyrights of social networks content can be transferred to other persons using license agreements, it is also stated that social network accounts can be transferred to third persons as users property using sale and purchase agreement with a provision that personal data should be deleted from the account before transferring it to the buyer. Finally, a conclusion is made that copyrights of social networks content can be inherited, but social network accounts need to be classified as objects of general property law in order to be an object of inheritance. |
