8
- expressions of folklore and works derived from folklore, subject to such
particular provisions as may be established in a special law on protection of the
national heritage.
The following shall also be protected as works:
- translations, adaptations, arrangements and other transformations of works and
of expressions of folklore;
- collections of works, of expressions of folklore or of simple facts or data, such
as encyclopedias, anthologies and databases, whether reproduced in a machinereadable medium or in any other form, which, by reason of the selection,
coordination or arrangement of their contents, constitute intellectual creations.
The protection of the works referred to in the preceding paragraph shall not affect the
protection of pre-existing works used in the making of such works.
Protection shall be independent of the mode or form of expression, of the quality and of
the purpose of the work.
ARTICLE 9 The protection afforded by the present Law shall not extend to:
- official texts of a legislative, administrative or judicial nature or to the official
translations thereof;
- the news of the day;
- ideas, processes, systems, methods of operation, concepts, principles,
discoveries or simple data, even if they are set out, described, explained,
illustrated or incorporated in a work.
ARTICLE 10 The title of a work, provided that it is original, shall be protected in the
same way as the work itself. Even where the work is no longer protected, no one may
use such title to identify a work in the same genre in circumstances likely to cause
confusion.
ARTICLE 11 Folklore shall belong by its origin to the national heritage.
"Work derived from folklore" means any work composed of elements borrowed from the
Beninese traditional cultural heritage.
TITLE III
NATIONAL BODY FOR THE PROTECTION OF COPYRIGHT AND
NEIGHBORING RIGHTS
ARTICLE 12 A public cultural institution with legal personality and financial autonomy
is hereby created.
This institution shall be responsible for the collective management and defense of the
rights set out in the present Law.