e24702_SN004
Translated from French
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a neighboring right may claim national treatment under an international agreement to
which Senegal is a party.
Chapter II. – Applicable law
Article 155. Law of country of protection. – Unless otherwise provided by an
international agreement to which Senegal is a party, the law applicable to copyright and
neighboring rights shall be that of the country for which protection is sought.
Part four – Folklore and the domaine public payant
Article 156. Definition of folklore. – "Folklore" means all literary and artistic
productions created by authors deemed to be of Senegalese nationality that are passed
from generation to generation and constitute one of the basic elements of the traditional
cultural heritage of Senegal.
Article 157. Exploitation of folklore and works in the public domain. – 1. The
exploitation of folklore or of works derived from folklore, and of works that have fallen
into the public domain on expiry of the periods provided for in Articles 51 to 55, shall be
declared to the collective management society approved for that purpose and shall be
subject to payment of a royalty.
2. The amount of the royalty shall be determined by the Minister of Culture. It may not
exceed 50 per cent of the rate of remuneration usually paid to authors in accordance with
current contracts or practices.
Article 158. Allocation of royalties. – 1. The royalties provided for in the previous
paragraph shall be distributed as follows:
(a) collection without arrangement or personal input: 50 per cent to the person who
carried out the collection, 50 per cent to the approved collective management society;
(b) collection with arrangement or adaptation: 75 per cent to the author, 25 per cent to
the approved collective management society.
2. Sums paid to the collective management society shall be used for social and cultural
purposes.
Article 159. Proceedings. – In the event of illegal exploitation of folklore or of works
that have fallen into the public domain, the State Judicial Officer, at the request of the
Minister of Culture, shall have the capacity to take legal action. The infringement seizure
proceedings provided for in Articles 131 et seq. of the present Law shall apply.
Article 160. Penalties. – The illegal exploitation of folklore or of works that have fallen
into the public domain shall be punishable by a fine equal to 500,000 CFA francs,
without prejudice to the damages that may be allocated to the civil claimant.
Part five – Final provisions