NATIONAL LEGISLATION
(i) direct or indirect reproduction,
(ii) importation for the purpose of distribution to
the public, or
(iii) distribution to the public,
of duplicates of his phonogram.
Article 69. All copies in commerce of the pub
lished phonograms or their containers shall bear a
notice consisting of the •symbo1 ® (the letter "P" in a
circle), accompanied by the year date of the first pub
lication, placed in such a manner as to give reason
able notice of claim of protection. If the copies or
their containers do not identify the producer by
carrying his name, trademark or other appropriate
designation, the notice shall also include the name of
the owner of the license granted by the producer.
Article 70. The protection of producers of_ pho
nograms under this Title shall subsist for 40 years
computed from the end of the year in which the
phonogram was published for the first time or, failing
that, was initially made.
CHAPTER IV
Remuneration of Performers and Producers of Phonograms
for Use of Phonograms in Public
Article 71. (1) If a phonogram published for
commercial purposes, or a reproduction of such pho
nogram, is used directly for broadcasting or for com
munioation •to the public, a single equitable remu
neration for the performers and the producer of the
phonogram shall be paid by the user to the producer.
(2) Unless otherwise agreed between the perform
ers and l!:he pmducer, half on the amount received
by the producer under paragraph (1) shall be paid by
the producer to the performers.
(3) The amount received from the producer
under paragraph (2) shall be divided among them
selves by the performers.
(4) The right to an equitable remuneration under
this Article sha'l'l subsist for 40 years computed from
the end of the year in which the phonogram was pub
lished for the first time or, failing that, was initially
made.
(5) This Article shall not apply where a broad
cast is made for non-profit-making purposes or where
communication to the public in public places is not
the result of a purely commercial activity.
CHAPTER V
Protection of Broadcasting Organizations
Article 72. Without the authorization of the
broadcasting organization, no person shall do any of
the following acts:
(i) the rebroadcasting of its broadcasts;
(ii) the fixation of its broadcasts;
209
(iii) the reproduction of a fixation of its broad
casts:
(a) where the fixation, from which the re
production is made, was done without
its authorization; or
(b) where the broadcast was initially fixed in
accordance with the provisions of Arti
cles 74 and 75, but the reproduction is
made for purposes different f-rom any of
those referred to in those Articles.
Article 73. The protection of broadcasting orga
nizations under this Title shall subsist for 40 years
computed from the end of the year in which the
broadcast took place.
CHAPTER VI
Limitations on Protection
Article 74. The acts referred to in Articles 61,
68, 71 and 72 shall not be subject to authorization
and !payment when they are performed for:
(i) private use as provided in Article 10(1), (2)
and (3);
(ii) the reporting of current events, provided that
no more than short excerpts of a performance,
of a phonogram or of a broadcast are used;
(iii) use solely for the purposes of teaching or
scientific research, subject to the application of
Article 75 below;
(iv) quotations in the form of short excerpts of a
performance, or of a phonogram or of a broad
cast, provided that such quotations are compat
ible with fair practice and are justified by their
informatory purpose;
(v) such other purposes as constitute exceptions in
respect of copyright works under Articles
10(1)(a) •and (b) •and 12.
Article 75. The Guinean Copyright Office shall
issue licenses for the reproduction of duplicates of
phonograms, where such reproduction serves the ex
clusive purpose of education or scientific research, is
made and distributed on the territory of the Revolu
tionary People's Republic of Guinea to the exclusion
of aH exportation of duplicates, •and comprises an
equitable remuneration for the phonogram producer,
fixed by the said Office according to the tariff laid
down by the competent Ministry, with particular re
ference to the number of duplicates to be made and
distributed.
Article 76. The requirements fm authorization
under Articles 61, 68, 71 and 72 for making fix
ations of performances and broadcasts, for repro
ducing such fixations and for reproducing phono
grams published for commercial purposes shall not
apply where the fixation or reproduction is made by a