202
COPYRIGH T- JUNE 1981
reproduction on the territory of the Revolu
tionary People's Republic of Guinea;
(ii) the reproduction and publication in printed or
analogous forms of reproduction on the terri
tory of the Revolutionary People's Republic
of Guinea of foreign works already lawfully
made available to the public; such licenses may
not be granted, however, for the publication
of literary or scientific works of which a French
edition is 'available abmad unless such publi
cation on the national territory affords good
conditions for the desired dissemination.
Article 16. In the cases provided for in Article
15, there must be no derogation from the rights
conferred on the author by Article 3 above. Further
more, the author shall have the right to equitable
remuneration which, failing amicable agreement,
shall be ·determined by the Minister for Higher
Education and Scientific Research, whose decision
may be referred to the court competent under Arti
cle 50 below.
CHAPTER III
Transfer of Copyright
Article 17. With the exception of the right to
modify the work, copyright as defined in Article 3
shall be transferable by inheritance.
The moral rights shall be exercised jointly by the
S'llccessors •and the BGDA.
The right of disclosure of posthumous works shall
be exercised during their lifetime by the executors
designated by the author. In the absence of executors
or after their death, and unless otherwise willed by
the author, this right shall be exercised in the follow
ing order: by the descendants, by the spouse or
spouses against whom there exists no final judgment
of separation or who have not remarried, by succes
sors other than descendants who inherit all or part
of the estate and by the universal legatees or donees
of the entirety of future assets.
This right may be exercised even after expiry of
the exclusive right of exploitation specified in Arti
cle 42.
In the event of manifest abuse in the exercise or
non-exercise of the right of disclosure on the part of
the deceased author's representatives referred to in
the !Second paragraph of this Article, the civil court
may order any appropriate measure. The same shall
apply if there is conflict between the said represen
tatives or if there is no known successor in title, no
claimant and no heir.
The maMer may be referred ·to the court in parti
cular by the Minister for Higher Education and
Scientific Research.
Escheated ·economic rights of authors shall accrue
to the BGDA, and royalty revenue deriving therefrom
shall be used for cultural and social purposes, without
prejudice to the rights of creditors and to the honor
ing of such ass~gnment contracts as may have been
concluded by the author or his successors in title.
Article 18. The total or partial assignment of
any one of the rights specified in Article 3 above
shall not imply assignment of any one of the other
rights.
Where a contract entails total assignment of one
of the rights, the scope of the assignment shall be
limited to the methods of exploitation provided for
in the contract.
Arvicle 19. The transfer of ownership of the sole
copy or of one or more copies of a work shall not
imply transfer of the copyright in the work.
In the case of manifest abuse on the part of the
owner preventing exercise of the right of disclosure,
the civil court may take any appropriate measure in
accordance with the provisions of Article 17.
Article 20. A clause assigning the right to exploit
a work in a manner which is unforeseen or unfo
reseeable on the date of the contract shall be explicit
and shall stipulate a corresponding participation in
the profits derived from exploitation.
Article 21. Total assignment of future works
shall ·be null and void. However, it shall be lawful
to conclude a contract commissioning three-dimen
sional or graphic works that grants temporary exclu
sive r1ghts for a period not exceeding five years,
subject to respect for the independence and freedom
of expression of the author.
Article 22. Unless otherwise specified, the au
thorization to broadcast the work shall cover all free
communications made using its own facilities and on
its own responsibility by the Radio and Television
Broadcasting Office of the Revolutionary People's
Republic of Guinea.
Pursuant to A11ticle 3(b)(ii), this 'authorization
shall not extend to 1he communication of broadcasts
made in places open to the public or to any trans
missions made by third parties by wire or wireless.
Article 23. Rights of performance, reproduction,
adaptation and translation shall be assignable for a
consideration or free of charge. The author's assign
ment of his rights in his work may be total or partial.
It shall confer on the author a proportiona te partici
pation in any proceeds from sale or exploitation.
However, the remuneratio n of the author may be
calculated as a lump sum under the following circum
stances:
(i) a basis for calculating the proportiona te parti
cipation cannot be determined practically;