Regulations of the Council of Ministers of the Republic of Belarus aligned with the Law of the Republic of Belarus dated July 15, 2019 No. 216-Z “On Amendments to the Law of the Republic of Belarus “On Copyright and Related Rights” were adopted

On May 22, 2020, Regulations of the Council of Ministers of the Republic of Belarus No. 303 “On Amendments to the Regulation of the Council of Ministers of the Republic of Belarus of November 29, 2011 No. 1609” (hereinafter – Regulation No. 303) and No. 304 “On Amendments to the Regulations of the Council of Ministers of the Republic of Belarus of November 29, 2011 No. 1610 and November 13, 2012 No. 1039” (hereinafter – Regulation No. 304) were adopted.

These Regulations were adopted as part of the implementation of Article 3 of the Law of the Republic of Belarus dated July 15, 2019 No. 216-Z “On Amendments to the Law of the Republic of Belarus “On Copyright and Related Rights”.

The Regulation No. 303 amends the Regulation of the Council of Ministers of the Republic of Belarus of November 29, 2011 No. 1609 “On Collective Management of Property Rights” (hereinafter – Regulation No. 1609) regarding the adjustment of the structure of the commission for state accreditation of organizations for collective management of property rights, as well as editorial and technical changes, aimed at clarifying the activities of the commission for state accreditation of collective management organizations.

The Regulation No. 1609 is also supplemented by the Provision on the Procedure for State Accreditation of Collective Management Organizations and the Provision on the Collection, Distribution and Payment of Remuneration to Authors or Other Right Holders, and the Procedure for Transferring Unpaid Remuneration to the State Budget. These issues were previously regulated by the Resolution of the State Committee on Science and Technology of the Republic of Belarus dated November 30, 2011 No. 25 (is no longer in force).

The Regulation No. 304 amends the Regulations of the Council of Ministers of the Republic of Belarus "On Minimum Rates of Royalties and Remuneration for Certain Activities Related to Publication of Works of Science, Literature and Art" (hereinafter – Regulation No. 1610) and "On Minimum Rates and Order of Payment of Royalties and Other Forms of Remuneration in Cinematography" (hereinafter – Regulation No. 1039).

The Regulation No. 1610 introduces amendments to Annex 5, concerning royalties for reproducing art-graphic works and photographs in publications, as well as excludes Annexes 6 and 7.

These changes appeared due to clarification of the legal regulation subject of the Regulation No. 1610, concerning the establishment of minimum remuneration rates in respect of works, but not other activities.
The Regulation No. 1039 is supplemented by Annex 5, concerning the minimum amount and procedure for paying remuneration for creation (production) and transfer of exclusive rights to films. It establishes the minimum remuneration rates paid to the authors of audiovisual works.