199
GUINEA
Law Adopting Provisions on Copyright and Neighboring Rights
in the Revolutionary People's Republic of Guinea
(No. 043/APN/CP, of August 9, 1980)
TITLE I
Copyright
CHAPTER I
Subject, Scope and Beneficiaries of Copyright-Definition
Article 1. The author of any original intellectual
work {literary, scientific or artistic) shall, by the mere
fact of its creation, enjoy an exclusive incorporeal
property right in the work, effective against all per
sons.
The following in particular shall be considered
intellectual works within the meaning of this Law:
(i) books, pamphlets or other literary, scientific or
artistic writings;
(ii) lectures, addresses, sermons, pleadings in court
and other works of the same nature;
(iii) works created for the stage or for broadcasting
(sound and/or visual), including dramatic or
dramatico-musical works and also choreogra
phic works and pantomimes, the acting form of
which is fixed in writing or otherwise;
(iv) musical compositions with or without words;
(v) works of painting, drawing, lithography, etch
ing, wood engraving and other works of the
same nature;
(vi) sculptures, carvings in low relief and mosaics
of all kinds;
(vii) architectural works, including both plans and
models and the building itself;
(viii) tapestries and objects created by artistic pro
fessions and by the applied arts, ·including both
sketches and models and the works themselves;
* Published in the Journal Officiel de Ia Republique
populaire revolutionnaire de Guinee, N° special [1980], and
promulgated by Decree No. 442/PRG of September 15, 1980,
published in the Journal Officiel of October 1, 1980.
WIPO translation.
*
(ix) maps, illustrations, drawings and graphic and
three-dimensional reproductions of a scientific
or artistic nature;
(x) cinematographic works, to wh~ch me assimi
lated, for the purposes of this Law, works ex
pressed by processes analogous to cinemato
graphy;
(xi) photographic works of artistic or documentary
character, to which are assimilated, for the
purposes of this Law, works expressed by a
process analogous to photography;
(xii) derivative works such as trans~ations, arrange
ments or adaptations of the above works;
(xiii) folklore and works derived from folklore, sub
ject to special provisions which will be laid
down in a special law on the protection of the
national heritage.
Article 2. The title of a work, in so far as it has
original character, \Shall be protected in 'the same way
as the work itself. Even if the work is no longer
protected, no one may use that title to distinguish a
work of the same type if such use is liable to cause
confusion.
Article 3. Copyright includes attributes of an in
tellectual and moral nature and attributes of an eco
nomic nature.
(a) Moral Rights
Moral rights consist of the author's right:
to .decide on the disclosure of his work;
to respect .:flor his name, his authorship and his
work.
The name of the author shall be indicated to such
an extent and in such a manner as conforms to fair
practice on every copy of any reproduction of the
work, and whenever the work is made available to
the public.
The work may not undergo any modification
without the consent of its author, given in writing.
No one may make it available to the public in a form
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