This section provides legal context about Belarusian legislation. It is not legal advice and it does not create universal immunity.
Copyright laws are territorial and rights holders may have remedies in other jurisdictions.
Belarus adopted Law of the Republic of Belarus of January 3, 2023 No. 241-Z.
Publicly available translations describe a mechanism that may permit, under specific conditions, the use of certain lawfully published intellectual property items
without the consent of a rights holder (or collective management organization) from foreign states committing unfriendly actions.
Key conditions (summary):
- Geopolitical condition: the rights holder is from a foreign state committing unfriendly actions toward Belarus (based on an official list approved by the Council of Ministers).
- Rights holder conduct: the rights holder or collective management organization prohibited, refused, or ceased the use of the item on the territory of Belarus.
- Covered items: software programs, audiovisual works, musical works, and broadcasts, subject to additional listing requirements described in the law.
Excerpt (English, as commonly cited in public translations):
“For the purpose of ensuring the functioning of the information and communication infrastructure, creating conditions for digital development and increasing the level of information security, developing the intellectual and moral potential of society, ensuring access to world cultural achievements and events of modern life, it is permitted to use the following intellectual property items without the consent of the rightholder or collective management organization from foreign states committing unfriendly actions, which prohibited or did not grant consent to their use on the territory of the Republic of Belarus, provided that such items were lawfully published.”
Application note: Nintendo is a Japanese company and Nintendo suspended sales and digital distribution in Belarus in 2022.
Some analyses therefore consider the above conditions relevant in principle for certain categories of works, subject to the official lists and other requirements described in Belarusian law.