20 Kozlov St., Minsk, Republic of Belarus 








 

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COPYRIGHT AND RELATED RIGHTS
COLLECTIVE MANAGEMENT


Article 42 of the Law of the Republic of Belarus «On Copyright and Related Rights» provides that for the exercise and protection of the economic rights of authors, performers, phonogram producers and other holders of copyright or related rights organizations for the collective management of the economic rights of those persons may be established in cases where the individual exercise of such rights is hampered by difficulties of a practical nature.

In accordance with the Resolution of the Council of Ministers of the Republic of Belarus, dated May 8, 1997, No. 452 «On Collective Management of the Economic Rights of Authors and Minimum Rates of Authors’ Fees for the Use of Certain Literary and Artistic Works», the legal entities and physical persons that use copyrights and objects of related rights which are protected under the Civil Code of the Republic of Belarus and the above-mentioned Law must conclude contracts with either the authors or other rights owners or the State Committee on Science and Technologies and/or its lower organizations for the use of those copyrights or objects of related rights.

In keeping with the Resolution of the Committee on Science and Technologies to the Council of Ministers of the Republic of Belarus, dated April 25, 2003, No. 15 «On Collective Management of the Economic Rights of Authors», the Republican Unitary Enterprise «Belarusian Authors’ Society» (hereinafter referred to as «the Belarusian Authors’ Society») has been authorized to exercise and protect the economic rights of those persons on a collective basis.

With a view to improve the organizational infrastructure concerning the collective management of the economic rights of authors and other holders of copyright or related rights the Belarusian Authors’ Society, by the order of the State Committee on Science and Technologies No. 342 of December 28, 2006, was made part of the National Center of Intellectual Property («the Center»). The reorganization procedures were completed on May 10, 2007.

In accordance with the Rules of the National Center of Intellectual Property and its Statutes the Center is under the State Committee on Science and Technologies of the Republic of Belarus and it ensures the functioning of the collective management system in the Republic of Belarus, in particular, it:

  • concludes contracts with holders of copyright or related rights to manage their economic rights and manages those rights in keeping with the terms and conditions of the contracts concluded and applicable legislation;
  • concludes, on its behalf but in the interest of holders of copyright and/or related rights, contracts with users for the exploitation of copyrights and objects of related rights on the basis of the authorizations given by rights owners, and also by relevant foreign organizations;
  • collects royalties for the use of copyrights and objects of related rights in the territory of the Republic of Belarus in accordance with the terms and conditions of the contracts concluded and/or in the manner prescribed by the law;
  • distributes the royalties collected and transfers them to the owners of copyrights and/or related rights;
  • enforces the rights and protected interests of authors and other holders of copyright and related rights by judicial means, and also performs other legally significant acts relating to the enforcement;
  • concludes agreements of mutual representation with collective management societies (organizations) of foreign countries and makes payments to the foreign societies and organizations resulting from those agreements;
  • maintains lists of objects of copyright and related rights, their authors, other rights owners, and also users of the objects of copyright and related rights.

The Center is a full legal successor to the Belarusian Authors’ Society with respect to relations with authors and other holders of copyright and related rights, and also with foreign collective management societies (organizations).

In order to perform the functions concerning the collective management a special structural division has been set up in the Center -  the Center for Collective Management of Economic Rights.

For more information contact

Center for Collective Management of Economic Rights
20, ul Kozlova
220034 Minsk
Republic of Belarus

Telephone: (375-17) 294-25-68
Fax:          (375-17) 285-26-05, 285-27-64
E-mail:       coll_manager@belpatent.gin.by

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e-mail:ncip@belgospatent.by