Main Copyright and Related Rights General Information
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Legislation in the Field of Copyright and Related Rights

The relations arising out of creation and use of copyright works of science, literature and art (subject matter of copyright) and performances, phonograms, broadcasts of on-air or closed-circuit broadcasting organizations (subject matter of related rights) are regulated by the legislation of the Republic of Belarus in the field of copyright and related rights.

The legislation of the Republic of Belarus in the field of copyright and related rights consists of the provisions of the Constitution of the Republic of Belarus, the Belarusian Civil Code, the Law of the Republic of Belarus «On Copyright and Related Rights», decrees and edicts of the President of the Republic of Belarus, the resolutions of the Council of Ministers of the Republic of Belarus and departmental standard legal acts.

The Civil Code of the Republic of Belarus and the Law of the Republic of Belarus «On Copyright and Related Rights» determine the subject matter of copyright and related rights, moral and economic copyright and related rights, terms of copyright protection, the general requirements to agreements on transfer of copyright and related rights, methods of copyright and related rights protection.

The resolutions of the Council of Ministers of the Republic of Belarus have set the minimum rates of author’s remuneration for use of some copyright works of literature and art, and also established an application procedure thereof.

To restrain infringements of copyright and related rights, the Code on Administrative Violations and the Criminal Code of the Republic of Belarus imposed measures of administrative and criminal liability for infringements of copyright and related rights.

The Customs Code of the Republic of Belarus stipulates measures on protection of the subject matter of copyright and related rights in movement of goods across the border of the Republic of Belarus.

The legal standards of the international treaties and agreements in force in the field of copyright and related rights, which the Republic of Belarus is a party to, are a part of the civil legislation effective on the territory of the Republic of Belarus and are subject to immediate enforcement, unless it follows from an international treaty that a domestic act has to be issued for enforcement of such legal standards.
The Republic of Belarus participates in the following international treaties in the field of copyright and related rights:
  • Berne Convention for the Protection of Literary and Artistic Works;
  • WIPO copyright treaty;
  • Universal Copyright Convention 1952;
  • WIPO Performances and Phonograms Treaty;
  • International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations;
  • Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms.
Exercise and Protection of Copyright and Related Rights

According to legislation, authors and other copyright holders have the right to enjoy their copyright individually, and also through the organization on collective management of property rights.

For protection of their copyright or related rights the right holders apply to judicial and other bodies in accordance with their competence in the established order.

The right holders are entitled to require:
  • acknowledgement of copyright or related rights;
  • restitution of the situation that existed before infringement of copyright or related  rights;
  • suppression of actions infringing copyright or related rights or creating the threat of their infringement;
  • indemnification, including the loss of profit;
  • recovery of income gained by the infringer as a result of infringement of copyright and related rights, in lieu of indemnification;
  • reimbursement payment at the amount of 10 to 50 thousand basic units, determined by the court, in lieu of indemnification or income recovery taking into account the essence of infringement;
  • other actions related to protection of copyright or related  rights to be taken as envisaged by the legal acts.
The litigation cases resulting from implied enforcement of the laws, covering the economic and moral relations, arising out of creation, legal protection and use of intellectual property rights, are within jurisdiction of the Supreme Court of the Republic of Belarus.