__88_0---------------------------------------------------- CL__3------------------------------------------------------- __88_0---------------------------------------------------- ### SEE PART 4 FOR BEGINNING ### Article 421. Form of the Contract The contract of keeping, where both or one of the parties are (is) a citizen, if the cost of the property handed over for keeping exceeds ten minimum salaries, must be made in writing (Article 49 of this Code), except cases of placement of things for a short-term keeping to clock rooms of enterprises, institutions and organizations with the keeper giving out a ticket. In case of a dispute about the identity of things accepted for keeping and things returned by the keeper witnesses' evidences may be allowed. Placement of things for keeping in extraordinary circumstances (fire, flood and so on) may be proved by witnesses' evidence irrespective of the cost of the things placed for keeping. Article 422. Termination of the Contract of Keeping on Demand by One of the Parties The person who has placed things for keeping shall have the right to demand, at any time, the things back from the keeper. If the things placed for keeping on demand or without specifying the term of keeping, the keeper shall have the right to reject, at any time, the contract but shall be obliged to give the person who has placed the things for keeping a period of time sufficient in the given circumstances to accept the property back. Article 423. Obligations of the Keeper The keeper shall be obliged to take all measures stipulated by the contract or which are required for the preservation of the property. The keeper on the free of charge contract of keeping made between citizens shall be obliged to take care of the property transferred to him for keeping as of his own property. The keeper shall not have the right to use the property transferred to him for keeping, unless the contract stipulates otherwise. Article 424. Remuneration and Reimbursement of Expenses to the Keeper The amount of remuneration to the keeper on the free of charge contract of keeping (Article 420 of this Code) shall be determined according to the rates, tariffs approved in the established manner or - if such do not exist - by the agreement of the parties. In case of a free of charge keeping the person who has placed the property for keeping shall undertake to reimburse the keeper for the expenses necessary for the keeping of the property. Article 425. Liability of the Keeper for the Loss, Partial Loss or Damage of the Property The organization for which the keeping is one of the objectives of its activities envisaged by the statute (regulation) shall be exempted from the liability for the loss, partial loss or damage of the property caused by force majeure. If on expiration of the period of keeping envisaged in the contract or of the period specified by the keeper according to the procedure of Article 422 of this Code the property has not been taken back by the person who has placed it for keeping, the keeper shall henceforth be responsible for the loss, partial loss or damage of this property only if there is an intend or grave carelessness on his part. Article 426. Amount of Liability of the Keeper If the law or the contract does not envisage liability of the keeper for the reimbursement of losses caused by the loss, partial loss or damage of the property, the keeper shall be answerable: 1) for the loss or partial loss of the property - in the amount of the cost of the lost property; 2) for the damage of the property - in the amount of the reduced cost of the property. If when the property was placed for keeping this property was evaluated with the value specified in the contract or another document give out by the keeper, the keeper shall be answerable in the amount of the evaluation cost inasmuch as it is not proved that the real cost of the lost or damaged property is below this amount. If as a result of the damage for which the keeper is answerable the quality of the property has changed to such an extent that it may not used as planned originally, the person who placed the property for keeping shall have the right to reject the property. Article 427. Liability for the Loss or Damage of Property at Hotels, Hostels and Other Organizations Hotels, rest houses, sanatoria, hostels and similar organizations shall be answerable for the loss or damage of the property of citizens kept in the rooms allotted to them, although this property, except money and valuables, has not been transferred for keeping to these organizations. Article 428. Consequences of the Breach of the Time Period Specified for Taking Back of the Property The person who has placed property for keeping shall be obliged to take it back within the time specified in Article 425 of this Code. If the person who has placed property for keeping evades to take back the property, the keeper, if he is a citizen, shall have the right to demand through the court that this property be forcibly sold in the manner envisaged by the Civil Procedural Code of the Republic of Belarus in relation to the execution of judicial decisions. If the keeper if an organization, then sale of the unclaimed property shall be effected in the manner stipulated in its statute (regulation). The amounts received from the sale of the property shall be given to the person who has placed the property for keeping, less the amounts due to the keeper. Article 429. Reimbursement of Losses Caused to the Keeper The person who has placed property for keeping shall be obliged to reimburse the keeper for the losses caused by the properties of this property, if the keeper, when accepting the property for keeping, did not know and must not have known about such properties. Article 430. Contract of Keeping the Things Unnamed If several person have placed for keeping things specified in the contract by their type characteristics and the things are kept by the keeper unnamed, then the common share property shall be established for the persons who have placed the things for keeping in accordance with the quantity of things placed by them. If such things are transferred for the ownership of the keeper, when relevant agreement exists on this, then the keeper shall be obliged to return to the person who has placed them for keeping things of the same type and of the same quality in the equal quantities or in the quantities stipulated by the parties. Article 431. Obligation of Keeping on the Strength of the Law The rules of this Chapter shall also be applied in cases when the obligation of keeping has appeared not on the strength of the contract of keeping, but stems from other legal grounds. Chapter 39. JOINT ACTIVITIES Article 432. Contract on Joint Activities According to the contract on joint activities the parties shall undertake to act jointly to reach the joint economic (managerial) objective, namely: construction and operation of the enterprise or institution (not to be transferred for operative management to an organization which is a legal person), erection of water management installations and works, construction of roads, sport facilities, schools, delivery hospitals, living houses and so on. Article 433. Management of Joint Business of the Parties to the Contract Joint business of the parties to the contract on joint activities shall managed on their joint agreement. If the parties to the contract on joint activities, on the agreement between them, have charged one of the parties to the contract to manage their joint activities, then this party shall also be charged to manage joint business of the parties to the contract. The person who has been charged to manage joint business of the parties to the contract on joint activities shall act on the basis of a power of attorney signed by other partied to the contract. Article 434. Joint Property of the Parties to the Contract To reach the objective specified in Article 432 of this Code, the parties to the contract on the joint activities shall make contributions with money or other property or by their labour participation. Money or other property contributions of the parties to the contract as well as the property created or acquired as a result of their joint activities shall be their joint property. A party to the contract on joint activities shall not have the right to dispose of his share in the joint property without the consent of other parties to the contract. Article 435. Joint Expenses and Losses of the Parties to the Contract The procedure of coverage of expenses stipulated by the contract on joint activities and of losses arising as a result of joint activities shall be defined by the contract. If the contract does not stipulate such procedure, then joint expenses and losses shall be covered at the expense of the property of the parties to the contract (Article 434 of this Code) while the lacking amounts shall be distributed among the parties to the contract in proportion to their contribution into the joint property. Article 436. Rules on Certain Types of Joint Activities Certain types of joint activities shall be regulated in accordance with the present Code by the Council of Ministers of the Republic of Belarus. Chapter 40. CONTEST Article 437. Announcement of the Contest Public promise by the legal person or citizen to pay special remuneration (prize) for the best performance of the definite work (announcement of the contest) shall oblige the legal person or citizen to pay the promised remuneration to the person whose work has been recognized worthy of remuneration in accordance with the conditions of the contest. The announcement of the contest must include the description of the task, the time of its performance, the amount of remuneration, the place of presentation, the procedure and the term of comparative evaluation of the work and may include other conditions of the contest, too. Article 438. Alteration of the Conditions of the Contest Alteration of the conditions of the contest may be allowed only during the first half of the time period established for the presentation of the work. Alteration of the conditions of the contest must be notified to the participants in the contest in the same manner as used when the contest was declared. Article 439. Decision on the Payment of Remuneration (Prize) The decision on the payment of remuneration (prize) must be made and made known to the participants of the contest within the time period established in the announcement of the contest and in the manner specified in this announcement. Article 440. Use of the Works of Science, Literature and Art Which Have Been Awarded a Prize at the Contest If the contest has been announced for the works of science, literature or arts, the legal person or citizen shall acquire the right to use the works which have been awarded a prize in the way specified in the announcement of the contest. The authors of such works shall retain the right to receive remuneration for the use of the works (Article 476 of this Code) inasmuch as the announcement of the contest does not stipulate otherwise. Article 441. Return of Works to the Participants in the Contest The legal person or citizen who has announced the contest shall be obliged to return the works which have been awarded remuneration (a prize ) to the participants in the contest, inasmuch as the announcement of the contest does not stipulate otherwise. Chapter 41. OBLIGATION ARISING DUE TO THE HARM CAUSED Article 442. General Grounds for Liability for the Harm Caused A harm caused to the personality or property of the citizen as well as a harm caused to an organization shall be liable to be reimbursed by the person who has caused the harm in the full scope with the exception of the cases stipulated by the legislation. The person who has caused the harm shall be exempted from its reimbursement, if he proves that the harm has been caused due to a fault which is not his. The harm caused by legal actions shall be reimbursed only in cases stipulated by the law. Article 443. Liability of the Organization for the Harm Caused by its Workers The organization shall be obliged to reimburse the harm caused by its workers when they performed their work (office) duties. Article 444. Liability for the Harm Caused by Illegal Actions of Organizations as well as of Officials A harm caused to a citizen by illegal actions of organizations as well as of officials when they performed their office duties in the domain of administrative management shall be reimbursed on the general grounds (Articles 442 and 443 of this Code), unless the law stipulates otherwise. Liability for a harm caused by such actions to organizations shall become in the manner established by the law. A harm caused to a citizen as a result of an illegal conviction, illegal bringing him to criminal responsibility, illegal application of the taking into custody as a measure of precaution, illegal imposition of an administrative penalty represented by arrest or corrective labour shall be reimbursed by the State in the full amount irrespective of the guilt of officials of the inquiry authorities, preliminary investigation, prosecution and court in the manner established by the law. Article 445. Harm Caused in Condition of the Necessary Defense A harm caused in conditions of the necessary defense shall not be liable to reimbursement if the limits of the defense have not been exceeded. Article 446. Liability for the Harm Caused in the Conditions of Extreme Necessity A harm caused in conditions of extreme necessity must be reimbursed by the person who has caused it. Considering the circumstances in which this harm was caused the court may place the responsibility for the reimbursement of this harm on a third person in whose interests acted the person who caused the harm or exempt from the reimbursement of the harm in full or in part both this third person and the person who caused the harm. Article 447. Liability for the Harm Caused by the Person under Legal Age Who Is under Fifteen For the harm caused by a person under legal age who is under fifteen shall be answerable his parents (adoptive parents) or guardians, if they do not prove that the harm has occurred because of a fault which is not theirs. If a person who is under fifteen has caused a harm at the time when was under supervision of his educational establishment, corrective or medical institution, the latter shall be answerable for this harm unless they prove that the harm has occurred because of a fault that is not theirs. Article 448. Liability for the Harm Caused by a Person under Legal Age Who Is between Fifteen and Eighteen The person under legal age who is between fifteen and eighteen shall be answerable for the harm caused by him on the general grounds (Articles 442, 446 and 451 of this Code). In case when the person under legal age who is between fifteen and eighteen has no property or salaries or wages sufficient to reimburse the harm caused by him, the harm in the relevant part must be reimbursed by his parents (adoptive parents) or guardians unless they prove that the harm has occurred because of a fault that is not theirs. This obligation of such persons shall terminate when the person who has caused the harm becomes of legal age as well as in case if before he becomes of legal age he acquires a property or salary (wages) sufficient to reimburse the harm. Article 449. Liability for the Harm Caused by the Citizen Recognized Incompetent For a harm caused by a citizen recognized incompetent (Article 16 of this Code) shall be answerable his guardians or the organization responsible to exercise control over him unless they prove that the harm has been caused by a fault that is not theirs. Article 450. Liability for the Harm Caused by a Citizen Unable to Be Aware of the Importance of His Actions A competent citizen who has caused a harm in a condition when he was not able to be ware of the importance of his actions or control them shall not be answerable for the harm caused by him. However he shall not be exempted from liability if it was him who has brought himself to such condition through the use of alcohol or narcotic drugs or in another way. Article 451. Liability for the Harm Caused by a Source of Increased Danger Organizations and citizens whose activities are connected with the increased danger for the people (transport organizations, industrial enterprises, construction sites, owners of automobiles and so on) shall be obliged to reimburse harm caused by means of a source of increased danger unless they prove that the harm has occurred due a force majeure or the intend of the sufferer. Article 452. Liability for the Harm Caused Jointly by Several Persons Persons who have caused a harm jointly shall bear joint responsibility before the sufferer. Article 453. Right of Regress to the Person Who Has Caused Harm The person who has reimbursed the harm caused by other person shall have the right for back claim (regress) to this person in the amount of the reimbursement paid, if the law does not establish another amount. Parents (adoptive parents), guardians as well as organizations specified in Articles 447 and 449 of this Code which have reimbursed the harm caused by a citizen under legal age or recognized incompetent shall not have the right of regress to this citizen. Article 454. Scope, Nature and Amount of Reimbursement of Harm Adjudicating the reimbursement of harm the court of justice, economic or arbitration court shall oblige, depending on the circumstances of the case, the person responsible for the harm to reimburse it in kind (provide a thing of the same kind and quality, correct the damaged thing and so on) or to reimburse the caused losses in full (Article 211 of this Code). Article 455. Considering of the Guilt of the Sufferer and the Property Status of the Person Who Has Caused Harm If a grave carelessness of the sufferer himself facilitated the occurrence or the increase of the harm, then, depending on the degree of the guilt of the sufferer (and in case of a guilt of the person who has caused the harm - depending on the degree of his guilt) the amount of reimbursement, unless the law stipulates otherwise, must be reduced or the reimbursement of harm must be rejected. The court may reduce the amount of reimbursement caused by a citizen depending on his property status. Article 456. Scope of Reimbursement of Harm Caused to Life and Health of the Citizen In case of an infliction of mutilation to a citizen or of another harm to his health the reimbursement shall be paid for the lost salaries (incomes) as well as for expenses connected with the restoration of health (special diet, prosthetic operations, special care and so on). In case of death of the sufferer the persons specified in Article 457 of this Code shall have the right for reimbursement in the share of the salaries (incomes) of the sufferer which they have received or have had the right to receive for their maintenance if he were alive. Harm caused to a citizen through a mutilation or by another injury of health shall be reimbursed irrespective of his pension (allowance). The salary (incomes) lost by the citizen as a result of the harm caused to his health or life shall be determined in accordance with the rules of reimbursement of harm approved by the Council of Ministers of the Republic of Belarus. Article 457. List of Persons Having the Right to Reimbursement of Harm in Case of the Death of the Sufferer In case of death of the sufferer the right to reimbursement of harm shall be given to the person unable to work who were dependent on the late person or who had, by the time of his death, the right to obtain from him the maintenance as well as a child of the late person born after his death. Harm shall be reimbursed: to persons under legal age - till the age of eighteen; to students - till the end of their studies at day-time departments of educational institutions, but not later than twenty three years; to women over fifty five and men over sixty - for lifetime; to invalids - for the time of their invalidity; to the spouse or another relation of the late person irrespective of the age and ability to work who was not working in connection with the care of children, grand-children, brothers or sisters of the late person or who was carrying on their education (upbringing) - till they reach the age of fourteen. Articles 458, 459, 460 have lost their force. Article 461. Reimbursement of Harm Connected with Damage of Health of the Citizen under Fifteen If a mutilation or another damage of health has been caused to a citizen under fifteen who has no salary (wages), the organization or citizen responsible for the harm shall be obliged to reimburse expenses connected with the recovery of health of the sufferer. When the sufferer reached the age of fifteen the organization or citizen who is responsible for the harm shall be also obliged to reimburse the sufferer for the harm connected with the loss or reduction of his ability to work stemming from the amount of the average salary (wages) of unskilled worker in the given locality. If at the time of the damage to the health the citizen under the age of fifteen had a salary (wages), then the harm must be reimbursed to him stemming from the amount of this salary (wages) but not lower than the minimum salary (wages) of the unskilled worker in the given locality. On begging his work activities in accordance with the qualification (skill) obtained by the sufferer he shall have the right to demand the increased reimbursement for the harm connected with the reduction of his ability to work due to the damaged health stemming from the amount of remuneration of the worker with his qualification. Article 462. Alteration of the Amount of Reimbursement on Demand of the Sufferer if His Ability to Work Changes The sufferer who has partially lost the ability to work shall have the right to demand, at any time, that the organization or citizen responsible for the mutilation of other damage caused to his health should respectively increase the reimbursement if his ability to work has become lesser with time in connection with the damage caused to his health if compared to that which he had by the time the reimbursement was adjudicated for him or if the amount of pension obtained by him as the state social insurance has been decreased. Article 463. Alteration of the Amount of Reimbursement on Demand of the Persons Who Have Caused the Harm The organization or citizen which have been made to reimburse for the harm connected with the reduced ability to work of the sufferer due to a mutilation or another damage caused to his health shall have the right to demand, at any time, that the adjudicated amount of reimbursement be respectively reduced if the ability to work of the sufferer has increased in comparison to that which he had at the time he was awarded reimbursement for the harm or if the amount of pension received by him as the state social insurance has been increased. Article 464. Payment for Reimbursement of the Harm Reimbursement of a harm connected with the decreased ability to work of the sufferer as well as the harm connected with the death shall be paid by monthly installments. Article 465. Regressive Demands by the Bodies of State Insurance and Social Security The organization or citizen responsible for the caused harm shall be obliged to reimburse, on the regressive demand by the body of the state social insurance or social security, the amounts of allowances or pensions which have been paid to the persons mentioned in Articles 457 and 458 of this Code. In case of the increase of the harm reimbursement amount (Article 455 of this Code) the amount of reimbursement on the regressive demand shall also be respectively reduced. Article 466. Reimbursement of Harm in Case of Termination of the Legal Person Due to Pay Reimbursement In case of re-organization of the legal person the demands based on Articles 457 to 461 and 465 of this Code shall be made to the successor of the legal person. In case of the liquidation of the legal person the above demands shall be made to his superior organization or to he organization specified in the decision on the liquidation. In case of re-organization of the legal person which has been recognized in the established manner as obliged to make payments specified in Article 464 of this Code these payments shall be made by the successor of the re-organized legal person. In case of liquidation of the legal person which has been recognized in the established manner as obliged to make payments specified in Article 464 of this Code these payments shall be capitalized according to the rules of the state insurance and be placed by the insurance organization for their payment in the established manner and amount. The demands on the increase or decrease of the harm reimbursement amount stipulated by Articles 462 and 463 of this Code shall be made, in case of the re-organization of the legal person, to the successor or, respectively, by the successor of the legal person, while in case of liquidation - to the superior organization or the organization specified in the decision on the liquidation or, respectively, by these organizations. Article 467 has lost its force. Article 468. Reimbursement of Expenses for the Burial In case of death of the sufferer the burial expenses shall be reimbursed to the person who ha sustained such expenses by the organization or citizen responsible for the harm connected with the death of the sufferer. Chapter 42. OBLIGATIONS APPEARING DUE TO THE SAVING OF STATE PROPERTY Article 469. Reimbursement of Harm Sustained During the Saving of the State Property Harm sustained by a citizen when saving the state property from the danger which threatened it must be reimbursed by the organization whose property the sufferer was saving. Reimbursement of such harm shall be liable to respective rules of part one of Article 422, Articles 452, 454, 456, parts two and three of Article 457, Articles 458 to 464, 466 to 468 of this Code. Chapter 43. OBLIGATIONS APPEARING AS A RESULT OF UNGROUNDED ACQUISITION OR SAVING OF PROPERTY Article 470. Obligation to Return the Ungroundedly Acquired or Ungroundedly Saved Property The person who has acquired property at the expense of another person without the grounds established by the law or the transaction shall be obliged to return to the latter person the property acquired ungroundedly. The same obligation shall appear if the ground on which the property was acquired disappeared with time. If it is impossible to return in kind the property acquired ungroundedly its cost must be reimbursed as it was at the time of acquisition. Property acquired at the expense of another person not by a transaction but as a result of other actions knowingly contradictory to the interests of the State shall be exacted for the benefit of the State, unless it is liable to confiscation. The person which has received property ungroundedly shall also be obliged to return or reimburse all incomes which he has received or must have received from this property from the time when he learned or must have learned about the ungrounded receiving of the property. These rules shall cover the case of saving of property at the expense of another person without grounds established by the law or contract. Article 471. Property Which Is not Liable to Be Returned The following property shall not be demanded back as ungroundedly acquired: 1) property transferred as execution of obligations before the term of their execution; 2) property transferred as execution of obligations on expiration of the term of lawsuit prescription in cases when such execution is permitted by the law; 3) copyright remuneration or remuneration for discovery, invention, rationalization or industrial specimen paid in excess or according to the grounds which became void afterwards, if the payment has been made by the organization voluntarily, when there is no error of calculation on its part and unfair actions on the part of the receiver; 4) amounts paid in excess as reimbursement of harm in connection with damage to health or death, if the payment has been made with no unfair action on the part of the receiver. Section IV. COPYRIGHT Article 472. Works Covered by the Copyright Copyright shall cover works of science, literature or arts irrespective of the form, purpose and merits of the work as well as of the method of its reproduction. Copyright shall cover works released or not released but expressed in some objective form which permits to reproduce the result of creative activity of the author (manuscript, drawing, image, public pronouncing or performance, film, mechanical or magnetic recording and so on). Article 473. Subject of the Copyright The subject of the copyright may be: oral works (speeches, lectures, reports and so on); written works (literature, science and so on); drama or music drama works as well as music works with or without a text ; translations; scripts, script plans; cinema films, television films, radio and television broadcast; choreography and pantomime works in relation to which there exist instruction for their realization (staging) either in writing or oral; works of art, sculpture, architecture, graphics and decorative applied arts, illustrations, pictures, designs, drawings; plans, sketches and plastic works referred to science, technology or stage performance as a drama or musical drama; geographic, geologic and other maps; photographic works and works obtained by methods analogous to photography; works expressed by means of mechanical or other technical recording; other works. Copyright for photographic works and works made by the methods analogous to photography shall be recognized if each copy of the work bears the name of the author, place an year of its release. Article 474. Released Works A work shall be considered released (published) if it has been published, publicly performed, publicly shown, broadcast by radio or television or made known in any other way to the indefinite number of persons. Information about the work with the description of its content shall not be considered as its release, and in cases envisaged by the Council of Ministers of the Republic of Belarus also copying of the work with the right of manuscript. Article 475. Copyright for Works Released on the Territory of the Republic of Belarus Copyright for the work which is released for the first time on the territory of the Republic of Belarus or not released but present on the territory of the Republic of Belarus in some objective form shall be retained by the author and his successors irrespective of their citizenship as well as by other successors of the author. Copyright shall be recognized also as belonging to citizens of the Republic of Belarus whose works have been for the first time released or are present in some objective form on the territory of a foreign state as well as belonging to their successors. In relation to other persons copyright for the work released for the first time or present in any objective form on the territory of a foreign state shall be recognized as belonging to them in accordance with the international agreements (treaties) of the Republic of Belarus. In case of protection offered in accordance with the international agreements (treaties) the fact of release of the work on the territory of a foreign state shall be determined according to the provisions of the correspondent international agreement. In relation to foreign successors of authors who are citizens of the Republic of Belarus copyright shall be recognized as belonging to them on the territory of the Republic of Belarus in case this right is transferred to them according to the procedure established by the legislation. Article 476. Rights of the Author The author shall have the right: to the publication, reproduction and spreading of his work by all methods authorized by law under his own name, under a pseudonym or without name (anonymous); to the inviolability of the work; to the receiving of remuneration for the use of the work by other persons except cases specified by the law. rates of the copyright are established by the Council of Ministers of the Republic of Belarus. If no rates exist for the copyright remuneration the amount of remuneration to the author for the use of his work shall be determined on agreement of the parties. The procedure for the transfer by the author who is citizen of the Republic of Belarus of the right to use his work on the territory of a foreign state shall be established by the legislation. Article 477. Protection of Inviolability of the Work and the Name of the Author During His Life When the work is published, publicly performed or use in another way it shall be prohibited to make, without the consent of the author, any changes both in the work itself or in the name of the work or the name of the author. It is also prohibited to make, without the author's consent, any illustrations, forewords, comments or any explanations. The consent of the author given when making the authorship contract may not be withdrawn unilaterally. Article 478. Protection of Inviolability of the Work After the Death of the Author The author shall have the right in the same manner as the executor of the will is appointed (Article 539 of this Code) specify the person whom he charges to protect the inviolability of his works on his death. This person shall execute his authorities during his life time. If such instructions are absent, the protection of the works on the death of the author shall be executed by his successors as well as by the organizations which are charged to protect the copyright. These organizations shall also effect the protection of inviolability of works if successors are not available or their copyright has been ceased (Article 493 of this Code). Article 479. Co-authorship Copyright for the work created by joint work of two or more persons (collective work) shall belong to the co-authors jointly irrespective of whether such work represents the single integral unit or is made of parts each of which has also its separate importance. Each of the co-authors shall retain his copyright for the part of the collective work which he created himself having independent importance. The part of the collective work shall be recognized as having independent importance if it may be used independently of other parts of this work. Relationship between the co-authors may be determined by their agreement. If no such agreement is available, the copyright for the collective work shall be exercised by all co-authors jointly, while the remuneration shall be spread among them in the manner stipulated by the legislation. Article 480. Copyright of the Legal Persons Copyright of legal persons shall be recognized in cases and within the limits established by the legislation of the Republic of Belarus. These provisions do not cover the acquisition by legal persons of the copyrights by the contract. Article 481. Copyright for the Work Created When Performing Official Task The author of the work created when performing one's official (work) task in a scientific or other organization shall own the copyright for this work. The procedure of use by the organization of this work and the cases of payment of royalties to the author shall be established by the legislation. Article 482. Copyright of Organizations for Periodicals and Other Publications Organizations which release independently or with the help of some publisher scientific compilations, encyclopedic books, magazines or other periodicals shall have the copyright for these publications as a whole. Authors of the works included into such compilations shall have the copyright for their works. Article 483. Copyright for the Cinema Films, Television Films, Radio and Television Programmes The copyright for a cinema film or television film shall belong to the enterprise which shot the film. The copyright for an amateur cinema or television film shall belong to the author (or co-authors). The author of the script, composer, director, chief cameraman, chief artist and authors of other works making part of the cinema or television film shall own the copyright for their own work. Copyright for radio and television programmes shall belong to the radio and television organizations which broadcast them while copyright for the works included into these programmes shall belong to their respective authors. Article 484. Copyright of Makers of Compilations Copyright for compilations of works which are not subjects of somebody's copyright, namely: laws. judicial decisions, other official documents, people's arts, whose authors are not known, ancient acts and monuments as well as works that are not protected by the copyright shall belong to the authors of the compilations if they have subjected the material included into the compilation to their own systematization or working. The same right shall belong to citizens who have worked on individual works of the above kinds. This right shall not prevent other citizens from releasing the same works if they have systematized or worked on them independently. The maker of the compilation which has worked on or systematized the works included into it, if these works are the subject of somebody's copyright shall have the copyright for the compilation provided the copyright of the authors of these works are observed. Article 485. Use of the Author's Work by Other Persons The use of work of an author (including the translation into other language) by other persons shall not be allowed other than on the basis of the contract with the author or his successors except cases specified by the law. Article 486. Translation of the Work in Other Language A translation of a work into another language for the purpose of release shall not be allowed other than on consent of the author or his successors. Article 487. Copyright of the Translator The translator shall own the copying for the translation made by him. Article 488. Right of the Author to Royalties for the Use of His Work Translated into Other Language The right to royalties for the use of the work translated into another language shall belong to the author of the original in all cases except specified in the law. Article 489. Use of the Work without the Consent of the Author and without Payment of Royalties It shall be allowed without consent of the author and without payment of the royalties, but with the compulsory specification of the name of the author, whose work has been used, and the source of borrowing: 1) to use somebody else's released work for the creation of a new, creatively independent work, except the re-making of a prose work into a drama or a script and vice versa, as well as re-making of a drama work into a script and vice versa; 2) to reproduce in scientific and critical, educational and political-enlightenment publications of separate released works of science, literature and arts and abstracts from them; in this case, this work may be allowed as citations within the limits stipulated by the purpose of publication whereas the production in other forms, including compilations, shall be allowed in the scope which in total does not exceed 40,000 typographical units represented by the works of the same author; 3) to inform in periodicals, cinema, on the radio and television about released works of literature, science and arts, including summaries, abstracts, reviews and other documentary and informative forms; 4) to reproduce in cinema films, on the radio and television publicly made speeches, reports as well as released works of literature, science and arts. Reproduction shall also mean broadcasting on the radio and television of publicly performed works directly from the place of their performance; 5) to reproduce in newspapers publicly made speeches, reports as well as released works of literature, science, arts in the original and translated; 6) to reproduce by any method, except mechanical contact copying, works of arts present at places open for free visiting, except exhibitions and museums; 7) to reproduce printed works with scientific, educational and enlightenment purposes without gaining profits; 8) to release in relief and dot types for the blinds the works released. Article 490. Use of the Work for Meeting Persons Needs It shall be allowed, without the consent of the author and without payment of the author's remuneration, to reproduce or otherwise use somebody else's released work for the purpose of meeting personal needs. Article 491. Copyright of the Person Who Used Somebody Else's Work for the Creation of a New Work The person who has used somebody else's work for the creation of a new work (paragraph one of Article 489 of this Code) shall own the copyright of the work created by him. This right shall not prevent other persons to use the same work for the creation of a new work. Article 492. Use of a Work without the Consent of the Author with Payment of Royalties The following shall be allowed, without the consent of the author, but with the specification of his name and with the payment of royalties: 1) performance in public of released works; however if the fares are not collected from the visitors the author shall have the right to remuneration only in cases established by the Council of Ministers of the Republic of Belarus; 2) recording on a film, disk, magnetic tape or other device for the purpose of reproduction in public or distribution of released works, with the exception of the use of the work in cinema films, on the radio or television (paragraph four of Article 489 of this Code); 3) use by a composer of published literature works for the creation of music works with a text. In such cases, remuneration to the author of the text shall be paid by the organization which uses this work; 4) use of released works of fine arts as well as of photographic works in industrial publications; in such cases the specification of the name of the author is not compulsory. Article 493. Term of Validity of the Copyright The copyright shall be valid during the whole life of the author as well as 25 years after his death counting from January 1 of the year which follows after the year of author's death. The copyright shall be succeeded. The right of the author for the name and the right for inviolability of the work shall not be succeeded. After the death of the author the protection of his name and of the inviolability of the work shall be exercised in accordance with the provisions of Articles 477 and 478 of this Code. The copyright of the legal person shall have no time limit. In case of his re-organization the copyright belonging to him shall be given to his successor while in case of liquidation - to the State. Article 494. Term of Validity of the Copyright for a Collective Work The copyright for a collective work shall be valid during the whole life of each of the authors and shall be succeeded. Successors of each co-author shall enjoy the copyright within 25 years counting from January 1 of the year which follows after the year of author's death. Article 495. Protection of the Copyright In case of use of somebody else's work without a contract with the author or with his successors (Articles 485 of this Code), failure to observe the conditions of use of the work without the consent of the author (Articles 489 and 492 of this Code) as well as in case of a violation of the inviolability of the work (Article 477 of this Code) or other personal non-property rights of the author, the author, and after his death the successors and other persons specified in Article 478 of this Code, shall have the right to demand that the violated right be restored (correspondent corrections, publications in press be made on the violation made) or that the work be prohibited for release or its distribution be terminated. If violation of the copyright has caused losses to the author or his successors (Article 211 of this Code), then, irrespective of the demands specified in this Article, the author or his successors shall have the right to demand that the losses be reimbursed. Article 496. Buy-out of the Copyright by the State The copyright for the publication, performance in public or other use of the work may be bought out forcibly by the State from the author or his successors on a special individual decree by the Council of Ministers of the Republic of Belarus. The procedure and the conditions of use of the works the copyright for which has been bought out shall be established by the Council of Ministers of the Republic of Belarus. Article 497. Declaring of the Work the Property of the State The work in relation to which the term of the copyright validly has expired may be declared the property of the State by a decree of the Council of Ministers of the Republic of Belarus. The procedure and the conditions of use of the work declared the property of the State shall be established by the Council of Ministers of the Republic of Belarus. Article 498. Authorship Contract and Its Types For the purpose of use of the work the author or his successor shall have the right to make with a relevant organization an authorship contract. Authorship contracts may be of two types: the authorship contract on the transfer of works for use; the licenced authorship contract. According to the authorship contract on the transfer of works for use the author or his successor shall transfer or the author shall undertake to create and transfer, within the time limit established by the contract, a work to the organization for its use in the way stipulated in the contract, while the organization shall undertake to execute or begin this use within the time limit established by the contract (Article 505 of this Code) as well as to pay to the author or his successor remuneration, except cases specified by the law. According to the licenced authorship contract the author or his successor shall give an organization the right to use the work, including by its translation into another language or by re-making, within the limits stipulated by the contract and for a time period stipulated in the contract, while the organization shall undertake to pay remuneration for the giving of such right or for the use of the work in a form stipulated by the contract inasmuch as the legislation of the Republic of Belarus does not establish otherwise and inasmuch as the parties have not agreed otherwise. __91_0---------------------------------------------------- CL__3------------------------------------------------------- __91_0---------------------------------------------------- ### SEE PART 6 FOR CONTINUE ###

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