Protection of Copyright in the Digital Environment in Belarus

1) What measures should be taken to protect copyright on music, videos, and images on the internet?

The protection of exclusive IP rights to music, video, or images on the Internet by right holders against Belarusian individuals or entities that have infringed such rights may be pursued through the following legal avenues:

• Judicial proceedings. The right holder is entitled to initiate proceedings before the Judicial Panel for Intellectual Property of the Supreme Court of the Republic of Belarus. Such claims may seek compensation for damages, payment of statutory compensation, or cessation of the unlawful use of the IP object.
• Administrative proceedings. The right holder may file a petition with the internal affairs authorities, requesting the initiation of an administrative process or the institution of criminal proceedings in connection with the unauthorised use of the IP object.
• Out-of-Court resolution. The right holder may submit a complaint regarding the infringement of IP rights directly to the website owner or to a designated department of an online platform.

In each of the above cases, the right holder is entitled to request the removal of infringing content as a means of enforcement or as a provisional measure.

2) What are the specifics of copyright protection for content posted on platforms like YouTube, TikTok, and Instagram?

The protection of exclusive IP rights to content published on online platforms may be pursued through both traditional legal mechanisms and alternative complaint procedures. Traditional avenues include submitting claims to the Supreme Court of the Republic of Belarus, the internal affairs authorities, or the Ministry of Antimonopoly Regulation and Trade. Alternatively, the right holder may file a complaint directly with the website owner or the designated complaints service of the platform.

The rights holder is entitled to lodge a complaint with the platform’s rights management team in respect of an infringement by a third party – such as the unauthorised use of their content in an image or video. This complaint must be supported by evidence of the exclusive right, such as deposit documentation or registry records, and must identify the individual or entity that unlawfully used the IP in question.

3) What legal restrictions apply to the use of third-party content on social media, and what measures can be taken to ensure compliance with copyright laws? 

When using third-party content on online platforms, it is essential to comply with both the platform’s user agreement and the applicable laws on copyright and related rights. By accepting the user agreement, individuals confirm that they will not use IP belonging to others without the appropriate authorisation. In the event of an infringement, the platform’s designated rights management team may remove the infringing content, temporarily restrict access to the user’s account, or permanently delete the account without the possibility of restoration.

Under the Law on Copyright and Related Rights, the use of third-party IP is permitted either with the rights holder’s consent or in specific cases of fair use as defined by the Law. In the latter case, use without prior consent is allowed provided that it is non-commercial in nature.

4) What legal steps can be taken in response to the unauthorized use of content online?

Where a rights holder identifies unlawful use of their IP in third-party content, the following steps are advisable:

1. secure evidence of the infringement (e.g. by taking screenshots, saving the link to the source, and, if preparing for litigation, seeking a notarial certification of evidence);
2. send a pre-action notice to the alleged infringer, requesting the cessation of the unauthorised use of the content in an out-of-court manner;
3. if resolution is not achieved, file a complaint with the relevant online platform or website operator;
4. if the complaint is rejected, refer the matter to the competent national authorities for enforcement of applicable legal remedies:

• the internal affairs authorities;
• the Supreme Court of the Republic of Belarus;
• the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus (in cases involving unfair competition).

5) What legal risks arise when distributing digital content internationally?

It is important to bear in mind that relationships between users and online platforms are typically cross-border in nature. 

In practice, online platforms often subject their terms and conditions to foreign law (for example, the law of England and Wales or the law of the United States). Consequently, when distributing content via such platforms, it is necessary to comply with the legal requirements of those jurisdictions, which may differ significantly from the legislation of the Republic of Belarus.

In addition, rights holders must be mindful of the laws of the target jurisdictions where the content is intended to be distributed, particularly in respect of data protection. Failure to comply may result in access to content being restricted in specific territories.

Publishing content in violation of local legislation may expose the rights holder to administrative liability, including fines, as well as potential civil claims for damages arising from rights violations.

6) How can a company working in digital content implement a copyright protection policy?

To implement an effective copyright protection policy within a company, the following measures should be taken:

• Development of internal regulations. This typically involves the adoption of an IP Policy, which sets out the company’s general approach to the creation, use, and protection of IP objects. Based on this policy, supplementary documents may be developed, such as regulations governing the procedures for creating and using IP, or guidelines on employee incentives for the development of IP objects;
• Organisational measures. These may include appointing designated personnel or establishing dedicated units or departments responsible for IP management. Additionally, newly hired employees should be familiarised with the company’s internal IP regulations upon commencement of employment. Where an employee creates a work in the course of their employment, they must submit a report confirming the creation and content of the IP asset in question;
• IP objects register. To ensure effective management and legal protection of its IP objects, the company should maintain a register of IP objects created by its employees. Such assets are the property of the company. In cases of unauthorised use of IP, the company is entitled to seek enforcement of its rights through the competent authorities.
• Contract management. Effective management of IP objects requires not only proper record-keeping of the assets themselves, but also the accurate transfer of IP rights. Companies should have in place well-drafted templates for IP-related agreements (such as assignment agreements, licence agreements, commissioned works agreements, etc.). Implementing this framework helps to streamline and standardise IP-related operations within the company.

7) What international agreements and laws regulate copyright protection on the internet, and how are they applied in practice?

Belarus is a party to the Berne Convention for the Protection of Literary and Artistic Works of 1886, the WIPO Copyright Treaty, and the Universal Copyright Convention. These international agreements do not have direct effect and require incorporation into domestic legislation.

The copyright regime in Belarus includes the Treaty on the Eurasian Economic Union (Chapter XXIII and Annex No. 26), which provides for the protection of IP within the EAEU member states, as well as the Civil Code and the Law of 17 May 2011 No. 262-Z "On Copyright and Related Rights", which is the principal legal instrument governing this area.

8) What should be taken into account when entering into licensing agreements for the use of digital content?

When entering into a licensing agreement concerning online content, the following key provisions should be taken into account:

• Type of licence. This may be either exclusive (granting the licensee the sole right to use the IP, thereby excluding the rights holder and third parties from exercising the same rights), or non-exclusive (allowing the licensee to use the IP while preserving the rights holder’s ability to license the asset to third parties);
• Scope of the licensee’s rights. This may include the right to reproduce the content, modify it, create derivative works, distribute it, and other related uses;
• Territory of use. It may be limited to the territory of Belarus, the EAEU, or granted on a worldwide basis
• Duration of the licence. This should include a defined term, with the possibility of extension where applicable;
• Right to grant sublicences or a prohibition on sublicensing;
• Right to retain previously published content.

9) How can copyright infringement be monitored online, and what actions should be taken in response to detected instances of piracy?

Monitoring websites and social media platforms for infringements of IP rights typically involves the following steps:

• Training IP protection specialists in monitoring techniques;
• Regular and systematic review of online resources by such specialists to detect content that may infringe exclusive IP rights;
• Identification of instances of unauthorised use of content in violation of exclusive rights;
• Verification of the author and rights holder of the content in question;
• Documentation of the infringement of exclusive IP rights.

Following the monitoring process, the rights-holding company is entitled to pursue appropriate remedies for the protection of its rights, as outlined in question 1, including applying to state authorities or initiating judicial proceedings.

10) What sanctions are provided for copyright infringement on the internet, and how can their enforcement be ensured?

The unauthorised use of IP objects on the Internet may give rise to the following types of liability:

1. Civil liability. The rights holder may seek redress by demanding that the infringer cease using the protected content and compensate for losses or pay statutory damages. The amount of compensation that may be claimed is subject to legislative limits, ranging from €12 to €610,000, depending on the rights holder’s internal assessment of the infringement;
2. Administrative liability. Where the unlawful use of an IP object does not generate income exceeding €6,000, administrative liability may apply as follows: (a) individuals – a fine ranging from €120 to €370; (b) individual entrepreneurs – a fine ranging from €605 to €1,220; (c) legal entities – a fine ranging from €1,215 to €3,660. In addition to a fine, confiscation of items used to facilitate the infringement (e.g., computer equipment) may also be imposed;
3. Criminal liability. Repeat infringement following a prior administrative liability, or infringement resulting in income exceeding €6,000, may lead to the imposition of community service, a fine, restriction of liberty for up to 3 years, or imprisonment for up to 2 years.

Where the dispute has a cross-border element, it is necessary to consider the procedures for the recognition and enforcement of foreign court judgments.