Amendments to the “ Law On Copyright” have come into force in Belarus

03.06.2020

On may 27 the amendments to the law “On Copyright And Related Rights”, came into force. Below the main novelties are listed:

Now the authors of audiovisual works will not be able to prohibit the publication of their works.

The law completely excludes the author’s contract as a type of contract that formalizes the transfer of property rights to the objects of copyright and related rights. The relations that are formalized today by copyright agreements will be regulated by  the license agreements.

Another innovation of the law is the provision of an open license. Now an open license is defined as a license agreement concluded in a simplified manner, under which the author or other right holder grants the licensee a simple license to use an object of copyright or related rights.

An open license is free of charge, unless otherwise specified. This is always a contract of accession, the terms of which must be publicly available. Acceptance of the terms of the open license is the start of use of the object.

Organizations for collective management of intellectual rights are required to send 25% of the yearly amount of remuneration to the Belarusian President’s Fund for Support Of Culture and Art no later than April 1 of the year following the reporting year. Consent to deduct this share from the remuneration amount must be stipulated in the agreement between the organization and the copyright holders.

The National Center For Intellectual Property and the Belarusian Society of Authors, Performers and Other Rightsholders are accredited as organizations for collective management of authors’ and related rights.