LAW OF THE REPUBLIC OF BELARUS

of May 16, 1996 No. 370-XIII

About copyright and the related rights

Section I. General provisions

Article 1. Subject of regulation of the 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 of the Republic of Belarus on copyright and related rights

The legislation of the Republic of Belarus on copyright and the related rights consists of provisions of the Constitution of the Republic of Belarus, the Civil code of the Republic of Belarus, this Law, decrees and presidential decrees and other acts of the legislation.

Article 3. International agreements

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

Article 4. Basic concepts

For the purposes of this Law the terms provided below have the following values:

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

the audiovisual work - the work consisting of 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; the cinema and other works expressed by the means similar to cinematography (television movies, videos and similar works) irrespective of method of their initial or subsequent fixing belong to audiovisual works;

the database - compilation of materials, data, information, on matching and arrangement of materials representing result of creative activity; the concept of the database does not extend to the computer program by means of which electronic access to database materials can be provided;

reproduction - production of one or more copies of the work or object of the related rights in any material form, including permanent or temporary storage in digital form in electronic means;

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

information on management of the rights - any information which identifies the author the work, the contractor, execution of the contractor, producer of soundtrack, soundtrack, the organization of on-air or cable broadcasting, transfer of on-air or cable broadcasting to the organization, the owner of any right provided by this Law or information on conditions of use of the work, execution, soundtrack, transfer of on-air or cable broadcasting to the organization and any figures or codes in which such information when any of these elements of information is attached to copy of the work, the written-down execution is provided, soundtracks, the written-down transfer of on-air or cable broadcasting to the organization or appears in connection with the message for general data or informing everyone the work, the written-down execution, soundtracks, transfers of on-air or cable broadcasting to the organization;

the contractor - the actor, the singer, the musician, the dancer or the other person who performs literary works, art or folk art by means of game, singing, reading, recitation, playing musical instrument, dance or any otherwise;

the cartographic work - the map, the plan, the atlas or other work which body is the cartographic image of Earth, other celestial body or space;

the computer program - the arranged set of teams and data for receipt of certain result by means of the computer which is written down on the material carrier, and also the accompanying electronic documentation;

folk art - the works including 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 and others);

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 or otherwise;

public property - objects of copyright and the related rights on which property rights expired or were absent;

publication - the offer to public with the consent of the author or other owner author's or the related rights of copies of the work or soundtrack in the quantity satisfying reasonable needs of public by sale, hire or other transfer of property or right of possession copy of the work or soundtrack;

transfer to ether (on-air broadcasting) - the message of the work, execution, soundtrack or transfer of on-air or cable broadcasting to the organization for general data by means of wireless transfer, including transfer via the satellite; transfer of the coded signals is transfer to ether 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 - the program created by the organization of on-air or cable broadcasting and also by its order and at the expense of its means - other organization;

performing arts and crafts - the work of art postponed for objects of practical use, including performing art trade or the work produced by industrial method;

the producer of the audiovisual work - the physical person or legal entity which took the lead and charge of for creation of such 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 is designated on this work;

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