of October 18, 2023 No. 696
About use of separate objects of copyright and the related rights
1. Approve:
Regulations on procedure for forming and maintaining lists of owners and the organizations for collective management of property rights (are applied);
The regulations on remuneration for use of audiovisual works and transfers of the organizations of broadcasting (are applied).
2. This resolution becomes effective after its official publication.
Prime Minister of the Republic of Belarus
R. Golovchenko
Approved by the Resolution of Council of Ministers of the Republic of Belarus of October 18, 2023 No. 696
1. This Provision determines procedure for forming and maintaining:
the list of owners of audiovisual works and the organizations for collective management of property rights (further – the list concerning audiovisual works);
list of owners of transfers.
3. Determination and maintaining the lists specified in Item of 1 this provision (further, unless otherwise specified, – lists), are performed by the Ministry of information.
4. Offers on inclusion of owners and (or) the organizations for collective management of property rights (further – OKU) in lists (further, unless otherwise specified, – offers) and the reasons attached to them are prepared by the organizations which are the editorial offices of television mass media (further – the interested organizations), and are considered on board of the Ministry of information (further – board).
The ministry of information if necessary can send inquiries for refining of the data provided in Items 11, of 12, of the 15 and 16 this provision.
5. The decision on inclusion of the owner and (or) OKU in the corresponding list is accepted based on the criteria established in Items 10 and 14 of this provision.
6. By results of consideration of the offer the board accepts one of the following decisions:
about inclusion of the owner and (or) OKU in the corresponding list;
about offer variation.
7. The board makes the decision on offer variation in cases:
discrepancies of the owner and (or) OKU, the audiovisual work, transfer of broadcasting to the organization (further – transfer) to the criteria established in Items 10 and 14 of this provision;
lack of the documents and (or) data provided in Items 11, of 12, of the 15 and 16 this provision.
8. The interested organizations are informed by the Ministry of information on variation of their offers and non-inclusion of owners and (or) OKU in lists with the reasoned reasons within 30 calendar days from the date of receipt of the offer in the Ministry of information. In case of sending an inquiry according to part two of item 4 of this provision the specified term is prolonged for 15 calendar days.
Reasons for need of adoption of such resolutions with the argumentation of inclusion of owners and (or) OKU in lists are applied to the drafts of resolutions of the Ministry of information specified in part one of this Item.
10. Inclusion of the owner and (or) OKU in the list concerning audiovisual works is performed based on the following criteria in total:
the owner and (or) OKU are faces from the foreign state making unfriendly actions;
the owner prohibited or did not agree (permission) to use in the territory of the Republic of Belarus of the audiovisual work on which exclusive right belongs to it, and (or) OKU prohibited or did not agree (permission) to use in the territory of the Republic of Belarus of such work, the rights to which it manages;
use of the audiovisual work is necessary for creation of conditions for increase in level of information security, and (or) development of intellectual and spiritual and moral potential of society, and (or) ensuring access to achievements of world culture and events of modern life.
11. The offer on inclusion of the owner and (or) OKU in the list concerning audiovisual works shall contain:
information about the owner of the audiovisual work (surname, own name, middle name (if that is available) physical person or full name of the organization, the foreign state making unfriendly actions with which such owner is connected or the foreign person under whose control such owner is according to part two of article 1 of the Law of the Republic of Belarus "About restriction of exclusive rights for intellectual property items") and (or) OKU managing the rights to such work (full name of OKU, the foreign state making unfriendly actions with which it is connected or the foreign person under whose control it is according to part two of article 1 of the Law of the Republic of Belarus "About restriction of exclusive rights for intellectual property items").
The offer on inclusion of the owner and (or) OKU in the list concerning audiovisual works may contain:
name of the specific audiovisual work;
the name of TV program (TV programs), in whose list (whom) such work is planned to turn on;
other data at the discretion of the interested organization.
12. Reasons for inclusion of the owner and (or) OKU in the list concerning audiovisual works shall contain:
data, confirmatory that the owner prohibited or did not agree (permission) to use in the territory of the Republic of Belarus of the audiovisual work on which exclusive right belongs to it and (or) that OKU prohibited or did not agree (permission) to use in the territory of the Republic of Belarus of such work, the rights to which it manages (the letter of the owner and (or) OKU, the data from official open sources of information, another);
the reasons of need of use of the audiovisual work specified in the paragraph the second to this part for creation of conditions for increase in level of information security, and (or) development of intellectual and wind and moral potential of society, and (or) ensuring access to achievements of world culture and events of modern life;
Reasons for inclusion of the owner and (or) OKU in the list concerning audiovisual works may contain also information on the expected effect of such inclusion and other data.
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