Belarusian MPs Propose Allowing TV Channels to Use Music Without Authors' Consent
MPs in the Belarusian parliament have proposed permitting television channels to freely use music without permission from authors or other rights holders. The lawmakers justified the move by citing the “specific nature of television production”, though they attached several key conditions for broadcasters.
The proposal to amend existing rules on the use of musical works in Belarus was put forward for TV channel editorial teams producing content for programmes included in the mandatory publicly available package, reported the state-run news agency BelTA.
According to Viachaslau Danilovich, deputy chair of the Standing Committee on Education, Culture and Science at the House of Representatives, the aim is to exempt TV channels from the requirement to obtain the author’s consent to use their music on air, as this is not always possible in a timely manner. However, broadcasters would still be obliged to pay authors for the use of their work.
“The right to free use is being granted, but let me stress again – subject to the mandatory payment of fair compensation,” Danilovich said of the proposed legislative amendments, which are still to be discussed by working groups as the bill is refined for its second reading.
The MP did not clarify whether the rule would apply only to works by Belarusian authors, or to foreign ones as well. Should the legislation also affect international musicians and composers, Belarusian lawmakers would still need to resolve the technical issue of compensation payments amid existing Western sanctions, which target Belarusian TV channels among others.
Incidentally, a similar law is already in force in Belarus concerning music phonograms. Since 2023, for instance, their use has been permitted without the consent of authors or rights holders as background sound at concerts, festivals, competitions and other cultural events.
In such cases, the author is entitled to no less than 0.2% of the revenue from ticket sales. Should the author fail to claim payment within three months, event organisers are required to transfer the money to a special account, where it remains for another three years. If the author still does not assert their right to the due fee within that period, the funds revert to the state budget.
It is worth recalling that since 2023, Belarus has also allowed the use of intellectual property—such as music, films and computer software—without the consent of rights holders from “unfriendly countries”. That law likewise stipulates that compensation must be paid for such use, and that the sums are to be deposited into accounts held by the patent authority. There, the funds are held pending a claim by the rights holder or a collective rights management organisation for three years from the date of deposit.