COPYRIGHT- SEPTEMBER 1990
LAWS AND TREATIES
GABON
Law Instituting Protection for Copyright and Neighboring Rights
(No. 1187, of July 29, 1987)
Article I. The purpose of this Law is to institute
protection for copyright in literary, artistic or scientific works.
Its provisions shall also apply to the protection
of the rights, known as neighboring rights, of performers, phonogram producers and producers of
radio and television broadcasts.
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TITLE I-COPYRIGHT
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Chapter I
The Protection of Copyright
Article 2. The author of any original work of the
mind, whether it be literary, artistic or scientific,
shall enjoy in that work, by the mere fact of its creation, an incorporeal, exclusive property right,
known as copyright, enforceable against all persons.
This right shall comprise the attributes of an economic nature laid down by this Law.
The existence or conclusion, by the author of a
work of the mind, of a contract of service shall
imply no exception to the enjoyment of the right
afforded by the first paragraph above.
Article 3. The provisions of this Law shall protect the rights of authors in all works of the mind,
whatever their type, value, purpose, mode or form
of expression, without the need for any formality.
Article 4. The following, in particular, shall be
considered works of the mind within the meaning
ofthis Law:
-written works (books, pamphlets, articles or
other literary, artistic or scientific writings);
-oral works (lectures, addresses, sermons and
other works of like nature);
-works created for the stage or for broadcasting,
whether dramatical, dramatico-musical, choEntry into force: July 29, 1987.
Source: Text communicated by the Gabonese authorities. WIPO
translation.
GA
reographic or mimed works, the acting form of
which is fixed in writing or otherwise;
-musical compositions with or without words,
whether in written form or not ;
-audiovisual works, to which shall be assimilated works expressed by a process analogous to
cinematography;
-works of drawing, painting, lithography, etching or wood engraving, or others of the same
kind ;
-sculptures and mosaics of all kinds;
-works of architecture, including both the plans
and models and the construction itself;
-tapestries and articles created by artistic professions and applied art, including both the sketches
or models and the work itself;
-illustrations, maps and graphic and three-dimensional reproductions of a scientific or technical
nature ;
-photographic works of an artistic or documentary character, to which shall be assimilated
works expressed by a process analogous to photography;
-works of national folklore.
Article 5. Translations, adaptations and arrangements of literary, scientific or artistic works
shall be protected as original works, without prejudice to the rights of the author of the original work
used.
The same shall apply to collections of literary or
artistic works such as encyclopedias or anthologies
which, by reason of the selection or arrangement of
the subject matter, constitute intellectual creations.
Works inspired by national folklore shall also be
protected.
Article 6. Works of folklore shall belong ab origine to the national heritage.
For the purposes of this Law
-"folklore" shall mean all literary and artistic
productions created on the national territory by
authors presumed to be Gabonese nationals or by
GABON - Text 1-01 , page I