The procedure for forming and maintaining lists of right holders whose objects can be used without their consent has been determined in Belarus
On 18 October 2023, the Council of Ministers of the Republic of Belarus adopted Resolution No. 696 "On the Use of Certain Objects of Copyright and Related Rights" (hereinafter - the Resolution), which approved:
- Regulations on the Procedure for Forming and Maintaining Lists of Rights Holders and Organisations for Collective Management of Property Rights (hereinafter - Regulations on the Procedure for Forming Lists);
- Regulations on Remuneration for the Use of Audiovisual Works and Programmes of Broadcasting Organisations (hereinafter referred to as the Regulations on Remuneration).
Thus, at this moment, it has been determined how the lists of right holders of audiovisual works and broadcasts, whose objects can be used without their consent, will be formed, if such right holders are the residents of foreign states committing “unfriendly actions” against the Republic of Belarus.
In accordance with the previously adopted Law No. 241-Z of 3 January 2023 "On Restriction of Exclusive Rights to Intellectual Property Objects" (hereinafter - the Law), it is allowed to use intellectual property objects without the consent of the right holder or collective management organisation (hereinafter - CMO) if certain conditions are met. One of such conditions is the inclusion of right holders and CMOs in certain lists of right holders.
In accordance with the provisions of the Law, the Council of Ministers of the Republic of Belarus determines the state bodies authorised to form and maintain such a list. Until 21 October 2023, there was no normative regulation of the procedure of formation and maintenance of that.
More details on the procedure of the Law, as well as the procedure of forming the list of goods that are essential for the domestic market can be found in the previous materials of REVERA lawyers.
The Resolution determines the procedure for the formation of the following lists:
- rights holders of audiovisual works and CMOs;
- right holders of the broadcast programmes.
The Resolution does not apply to other IP objects which, in accordance with the Law, can be used without the consent of the right holders (i.e. computer programme, musical work).
Criteria for inclusion in the lists
Inclusion of the right holder and CMO in the above lists is based on the following criteria in aggregate:
- the right holder and (or) CMO are the residents of the states committing "unfriendly actions" against Belarus;
- the right holder / CMO has prohibited or has not consented to the use of the audiovisual work / broadcast in Belarus;
- the use of an audiovisual work / broadcast is necessary to create conditions for increasing the level of information security, and (or) developing the intellectual and spiritual and moral potential of society, and (or) providing access to the achievements of world culture and events of modern life.
Procedures for maintaining the lists
The decision to include in the list or to reject such proposal is taken by the board of the Ministry of Information of the Republic of Belarus.
Rights holders and/or CMOs are removed from the relevant lists if they, audiovisual works, broadcasts cease to fulfil at least one of the criteria described above.
Also, if an interested organisation has received consent (permission) from a right holder after its inclusion in the list, the organisation is obliged to send a proposal to the Ministry of Information of the Republic of Belarus to remove such a right holder from the list.
Remuneration for the use of IP
Despite the possibility to use IP objects without the consent of the rights holders, the Law stipulates that in such instances, the compensation is deposited into the account of the patent authority (National Centre for Intellectual Property) until claimed. The specific amount of this compensation was not determined prior to the adoption of the Resolution.
In accordance with the Regulations on Remuneration , the following compensation have been established:
- for an audiovisual work - 0.1 BV;
- for transmission - 10 BV*.
For one audiovisual work, one programme of a broadcasting organisation regardless of the volume, including the timing, and methods of their use.
The regulation came into force on 21 October 2023.
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