e24702_SN004
Translated from French
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2. This right shall apply whether the work is communicated in whole or in part and
whether the work itself or a work derived therefrom, in particular by means of translation
or adaptation, is communicated.
Article 35. Right of reproduction. – 1. The author shall have the exclusive right to
authorize the fixation of his work, by any means, in a physical form that allows it to be
communicated to the public.
2. This right shall apply whether the work is reproduced in whole or in part and whether
the work itself or a work derived therefrom, in particular by means of translation or
adaptation, is reproduced.
3. The right of reprographic reproduction shall be assigned, through publication of the
work, to a collective management society approved by the Ministry of Culture, which
shall have sole authority to conclude any agreement with users.
Article 36. Right of distribution. – 1. The author shall have the exclusive right to
authorize the distribution, through sale or other means, of physical copies of his work.
2. This right shall be exhausted by the first sale or any other transfer of ownership of
copies by the author or with his consent within the West African Economic and Monetary
Union (UEMOA) region.
Article 37. Right of rental. – 1. The author shall have the exclusive right to authorize
the rental of copies of his work. "Rental" means making available for use for a limited
time and for direct or indirect economic or commercial advantage.
2. An author who assigns his right of rental shall retain the right to obtain equitable
remuneration in respect of the rental. The right to remuneration may not be surrendered.
The management thereof may be entrusted to a collective management society.
2. Exceptions to the right of communication to the public and the right of
reproduction
A – Exceptions to the right of communication to the public
Article 38. Communication within the family circle. – The author may not prohibit
communication of the work free of charge within a family circle.
Article 39. Communication during a religious service. – The author may not prohibit
the communication of the work free of charge during a religious service in premises
reserved for that purpose.
B – Exceptions to the right of reproduction
Article 40. Reproduction for private use. – 1. The author may not prohibit
reproduction intended for strictly personal and private use.
2. The exception set out in paragraph 1 shall not apply to:
(a) the reproduction of architectural works in the form of buildings or other similar
structures;