Legislation in the Field of Copyright and Related Rights

Relations, which come into existence in connection with creation and use of scientific, literary and artistic works (copyright subject matters) and performances, phonograms, transmissions of broadcasting and cablecasting organizations (related rights subject matters), 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 Civil Code of the Republic of Belarus, the Law of the Republic of Belarus on Copyright and Related Rights, ordinances, edicts and decrees of the President of the Republic of Belarus, resolutions of the Council of Ministers of the Republic of Belarus and departmental normative and 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 matters of copyright and related rights, moral and economic copyright and related rights, the periods of their protection, main requirements for assignment contracts in respect of copyright and related rights, methods used for their protection. 

The resolutions of the Council of Ministers of the Republic of Belarus set the minimum rates of the author’s remuneration for the use of some kinds of literary and artistic works as well as the practice of their use.

In order to restrain the infringement 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 responsibility for infringements of copyright and related rights.   

The Customs Code of the Republic of Belarus stipulates measures for protection of copyright and related rights subject matters during transfer of goods across the customs border of the Republic of Belarus.

The norms of the international treaties in force related to copyright and related rights, in which the Republic of Belarus participates, constitute a part of the civil legislation effective throughout the territory of the Republic of Belarus and are subject to direct enforcement except the cases when it follows from the international treaty that the enforcement of such norms have to be constituted by an internal act .   

The Republic of Belarus is a contracting party to 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 (in the edition of 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

In accordance with the legislation, authors and other rightholders may exercise their copyright personally as well as through an organization for collective administration of property rights.     

To protect their copyright or related rights the rightholders apply to judicial and other bodies in accordance with their competence as established by the procedure.

The rightholders are entitled to claim:

• acknowledgement of copyright or related rights;
• restitution of relations existed prior to infringement of copyright or related rights;
• suppression of actions infringing copyright or related rights or instigating threat of infringement thereof;
• compensation for losses including the missed profit;
• recovery of the income drawn by an infringer as a result of copyright and related rights infringement instead of compensation for losses;
• reimbursement at the amount of 10 to 50 thousand basic standard rates determined by the court instead of loss compensation or income recovery taking into account the essence of infringement;
• other measures related to the copyright and related rights protection which may be stipulated by the legislative acts to be taken.

The litigation as regards disputes arising from enforcement of the legislation regulating economic and moral relations emerging out of creation, legal protection and use of subject matters of intellectual property are subject to jurisdiction of the Supreme Court of the Republic of Belarus.