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cultural heritage;
((2) "work inspired by folklore" means any work composed exclusively of elements
borrowed from the Djiboutian traditional cultural heritage.
Art.70. (1) Expressions of folklore shall belong originally to the national heritage.
(2) Public performance and direct or indirect fixation of expressions of folklore with a
view to exploitation for profitmaking purposes shall be subject to prior authorization
by the Office of Copyright and Neighboring Rights provided for in Article 40 of this
Law, against payment of a royalty, the amount of which shall be equal to 50 per cent
of royalties received for the use of similar protected works.
(3) The proceeds from royalties shall be used for cultural and social purposes for the
benefit of national authors.
Art.71. The provisions of Article 70 above shall not apply when expressions of
national folklore are used by a public entity for nonprofit purposes. However, the
public entity shall be required to make a declaration to the Office of Copyright and
Neighboring Rights.
Art.72. Copies of expressions and works of national folklore, as well as copies of
translations, arrangements and other transformations of such works, made abroad
without the authorization of the Office of Copyright and Neighboring Rights, may not
be either imported or distributed on the national territory.
Art.73. Any user of expressions of folklore shall respect their integrity and ensure
that they are communicated to the public with full respect for that integrity.
Title 5 – Collective management of rights and works in the public domain
Art.74. The collective management of rights provided for in this Law for authors,
performers and phonogram producers or their successors in title, as well as the
protection of works that have entered the public domain and expressions of folklore,
shall be entrusted to the Office of Copyright and Neighboring Rights.
Art.75. Paying public domain
(1) On the expiration of the terms of protection provided for in this Law, the author’s
works shall pass into the public domain.
(2) The representation, public performance and reproduction of these works shall
require an authorization from the Office of Copyright and Neighboring Rights. If the
performance is for profit, the authorization shall be granted in exchange for payment
of a royalty calculated on the basis of the gross income from the operation. This
royalty shall be equal to half that usually applied to works of the same category in the
private domain.
(3) Royalties from the exploitation of a work from the public domain shall be paid into
a special fund managed by the Office of Copyright and Neighboring Rights and shall
be used for cultural, artistic promotion and social development purposes.
Art.76. Collective rights management
(1) To the exclusion of any other natural person or legal entity, the Office of Copyright
and Neighboring Rights shall be authorized to represent authors, performers and
phonogram producers or their successors in title, as an intermediary visàvis users
and user associations, to authorize the collective exploitation, in all countries, of their
works, performances or phonograms, receive the associated royalties and distribute
them to their beneficiaries.
(2) This body shall manage on the national territory the interests of the various
foreign collective management organizations within the framework of agreements of
reciprocal performances that it might be called upon to conclude with them.
(3) The Office of Copyright and Neighboring Rights shall be authorized to:
• lay down in its constitution the membership criteria and various member categories;
• contribute by all appropriate means to the promotion of national creativity in the