(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
account the nature of the work, the number of such published copies is
sufficient to meet the normal needs of the public. A work shall also be
considered “published” if it has been stored in the memory of a computer
system and made accessible to the public by any means of retrieval.
“Reproduction” means the making of one or more copies of a work or of a
part of it in any material form, including sound and visual recording. The
making of one or more copies in three dimensions of a two-dimensional
work and the making of one or more copies in two dimensions of a threedimensional work as well as the inclusion of a work or of a part of it in a
computer system (in either the internal storage unit or in the external
storage unit of a computer) are also “reproduction.”
The “reprographic reproduction” of a work is the making of facsimile copies
of originals or copies of the work by means other than printing, for example,
by photocopying. The making of facsimile copies which are reduced or
enlarged in scale shall also be considered “reprographic reproduction”.
“Public loan” means the transfer of the possession of the original or of a
copy of the work for a limited period, for not-for-profit motives, by an
institution providing services to the public, such as a public library or public
archives.
“Rental” means the transfer of the possession of the original or of a copy of
the work for a limited period, for not-for-profit motives.
A “work” means any literary or artistic work as provided for by Article 4.
A “work of applied art” means a two-dimensional or three-dimensional
artistic creation with utilitarian functions or incorporated in a useful article,
whether handicraft or produced on an industrial scale. A “useful article”
means an article having an intrinsic utilitarian function that is not merely to
portray the appearance of the article or to convey information.
A “work of joint authorship” means a work to the creation of which two or
more authors have contributed.
Article 2 – Scope of Application of the Decree
(1)
(2)
the provisions of the present Decree shall apply to:
(i)
works the author or any other original holder of copyright in which is a
national of Niger, or whose habitual place of residence or headquarters
is located in Niger;
(ii)
audiovisual works the producer of which is a national of Niger, or whose
habitual place of residence or headquarters is located in Niger;
(iii)
public works published for the first time in Niger or published for the first
time in one country and also published in Niger within 30 days of prior
publication;
(iv)
works protected in light of an international agreement to which Niger is
a party.
In cases in which the provisions of the present Decree are in conflict with those of
an international agreement to which Niger is a party, the provisions of the
international agreement shall take precedence.
Chapter II – Subject Matter of Protection
Article 3: Subject Matter of Protection: General
(1)
All authors shall benefit from the rights set out in this Decree in relation to their
literary or artistic works;
3