LAW OF THE REPUBLIC OF BELARUS

of May 17, 2011 No. 262-Z

About copyright and the related rights

Accepted by the House of Representatives on April 27, 2011

Approved by Council of the Republic on April 28, 2011

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

This Law governs the relations arising in connection with creation and use of works of science, literature and arts (copyright), execution, soundtracks, transfers of the organizations of on-air or cable broadcasting (related rights).

Article 2. Legislation on copyright and related rights

The legislation on copyright and the related rights is based on the Constitution of the Republic of Belarus and consists of the Civil code of the Republic of Belarus, this Law, regulatory legal acts of the President of the Republic of Belarus, other acts of the legislation.

Article 3. International agreements

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

the author – physical person which creative activity creates the work;

the audiovisual work – the work consisting of the fixed series of the images connected among themselves (with maintenance or without their sound) making impression of movement, and intended for visual and acoustical (in case of maintenance by sound) perceptions by means of the corresponding technical devices. Movies, television movies, videos and others film and teleworks irrespective of method of their initial or subsequent fixing belong to audiovisual works;

the database – the data set or other information expressed in any objective form, representing result of creative activity on matching or arrangement of these data or other information;

reproduction – production, including replication, one or more copy of object of copyright or the related rights in any objective form (including other than form in which there is original), including permanent or temporary storage in digital or other objective form in electronic means or on other material carrier;

record – the fixing of sounds and (or) images or their displays allowing to perform their perception, reproduction or the message by means of the corresponding technical devices;

the publisher – person performing according to the procedure, established by the legislation, with the consent of the author or other owner activities for publication of literary and other works;

information on management of the rights – any information which identifies object of copyright or the related rights, the author or other owner or information on conditions of use of this object which contains on the material carrier is attached to it or appears in connection with the message for general data of object of copyright or the related rights. Such information can be expressed as the text, and also any figures and codes;

the contractor – the actor, the singer, the musician, the dancer or the other person who performs literary works, arts, including performing folk art, by means of acting, singing, reading, the recitation, playing musical instrument, dance or any otherwise (further – the actor contractor), and also the production director of performance and the conductor;

collective management of property rights – the activities for the benefit of great number of authors or other owners aiming at ensuring collection, distribution and payment to authors or other owners of remuneration for use of objects of copyright or the related rights by physical persons and legal entities, performed according to this Law in case practical implementation of property rights in individual procedure is difficult, and directed to protection, including in court, property rights of authors or other owners in case of their violation;

the computer program – the ordered set of teams and data provided in objective form, held for use on the computer and in other systems and devices for the purpose of processing, transfer and storage of information, production of calculations, receipt of audiovisual images and other results. Part of the computer program are the documents included in the computer program which are in details describing functioning of the computer program, including interaction with the user and external components;

promulgation of the work – the action performed with the consent of the author which for the first time makes the work available for general data by its publication, public performance, public display, the message for general data or otherwise;

publication – the offer to public with the consent of the author or other owner of copies of object of copyright or the related rights in the quantity satisfying reasonable needs of public by sale, hire or other transfer of property or right of possession copy of object of copyright or the related rights;

the organization of on-air or cable broadcasting – the legal entity who is independently determining content of transfer of on-air or cable broadcasting to the organization and performing its broadcasting in air either on cable by own efforts or by means of the third parties;

transfer to air (on-air broadcasting) – transfer without use of wire and cable of sounds and (or) images for acceptance by public, including transfer via the satellite. Transfer without use of wire and cable of the coded signals is transfer to air if means of decoding are provided to public by the organization of on-air broadcasting or from its consent;

transfer of on-air or cable broadcasting to the organization – transfer to air or the transfer on cable of sounds and (or) images for acceptance by public performed by the organization of on-air or cable broadcasting or for its order and at the expense of its means other organization;

transfer on cable (cable broadcasting) – transfer on wires, radio-frequency or optical cable of sounds and (or) images for acceptance by public, including broadcast of TV programs in systems of cable television and broadcast of radio programs by means of wire lines;

the owner – the physical and (or) legal entity having exclusive right on object of copyright or the related rights owing to the fact of its creation, legal succession based on the signed agreement or other basis determined by this Law;

performing folk art which author is unknown, – the work which includes characteristic elements of traditional art heritage (national fairy tales, national poetry, national songs, instrumental folk music, national dances and plays, art forms of national ceremonies, etc.) and concerning which it is impossible to establish authorship of the particular physical person;

the producer of the audiovisual work – the physical person or legal entity which took the lead and responsibility for creation and financing of creation of the audiovisual work. In case of failure of evidence of other the producer of the audiovisual work person is recognized, the name or the name of which are designated on this work;

the producer of soundtrack – the physical person or legal entity organizing the first sound record of any execution or other sounds or displays of sounds;

the derivative work – the transfer or other conversion of the work which are result of creative activity including processing, the overview, retelling, the summary, the summary, the paper, performance, musical arrangement;

hire – provision of the original or copies of object of copyright or the related rights in temporary use on paid basis;

public performance – submission of the work or object of the related rights by means of acting, singing, readings, recitation, playings musical instrument, dance or any otherwise, including by means of technical devices (concerning the audiovisual work – display of personnel in their sequence), in places where there are present or can be persons which are not belonging to regular circle of family or close acquaintances of family of the person performing or organizing such representation;

public display – demonstration of copy of the work it is direct or display in the form of the photo, slide, film, teleshot on the screen or by means of other technical device or any different way (concerning the audiovisual work – display of separate personnel out of their sequence) in places where there are present or can be persons which are not belonging to regular circle of family or close acquaintances of family of the person performing or organizing such display;

the production director of performance – person performing statement of theatrical, circus, variety, doll or other performance (representation, concert);

reproduction – process of printing reproduction in any sizes and forms of one or more copies of written and other graphical works by photocopying or otherwise, except the edition. Reproduction are not storage or reproduction of the specified copies in electronic (including digital), optical or other machine-readable form;

the head of group of contractors – the artistic director or the other person given authority to represent the interests of group of contractors, including to dispose of exclusive right on execution;

office execution – the execution performed on the instructions of the employer or according to the procedure of accomplishment of the obligations caused by the employment contract;

the office work – the work of science, literature, art (its part having the independent value) created by the author on the instructions of the employer or according to the procedure of accomplishment of the obligations caused by the employment contract;

the message for general data – transfer by means of wireless communication or on wires, radio-frequency or optical cable of sounds and (or) images or their displays for acceptance by public, including on-air and cable broadcasting. The message for general data also is bringing object of copyright or the related rights to general data in such a way that representatives of public can provide access to it from any place and at any time at their own choice;

the compound work – the collection (including the encyclopedia, the anthology, the database), the newspaper, the magazine or other work representing result of creative activity on matching or arrangement of materials;

the technical tool of protection of copyright or the related rights – any the technologies, the technical device or their components controlling access to object of copyright or the related rights, preventing or limiting implementation of actions which are not resolved by the author or other owner concerning object of copyright or the related rights;

soundtrack – any exclusively sound record of execution or other sounds or displays of sounds. Soundtrack is not the record of sounds included in the audiovisual work;

work copy – the original or the copy of the work made in any material form;

soundtrack copy – the original or the copy of soundtrack on any material carrier made directly or indirectly from soundtrack and unmuting or the displays of sounds fixed in this soundtrack.

Chapter 2. Copyright

Article 5. Copyright coverage

1. Copyright extends to the works of science, literature and art existing in any objective form:

in the territory of the Republic of Belarus, irrespective of nationality of authors and their legal successors;

outside the Republic of Belarus, is also recognized for avtoramigrazhdana of the Republic of Belarus and their legal successors;

outside the Republic of Belarus, is also recognized for avtoramigrazhdana of other states and their legal successors according to international treaties of the Republic of Belarus.

2. By provision in the territory of the Republic of Belarus of protection to the work according to international treaties of the Republic of Belarus the owner of copyright of the work is determined by the legislation of the state in the territory of which the action or event which formed the basis for possession of copyright took place.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info