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COPYRIGH T -
JUNE 1981
broadcasting organization by means of its own fa
cilities and for its own broadcasts, provided that:
(i) in respect of each broadcast of a fixation of a
performan ce or of a reproduction thereof
made under this subsection, the broadcasting
organization has the right to broadcast the par
ticular performance; and
(ii) in respect of ,each broadcast of a fixation of a
broadcast, and each broadcast of a reproduc
tion of such a fixation of a broadcast, made
under thi!S Ar-ticle, the broadoasting organi
zation has the ,right to broadcast the particular
broadcast; and
(iii) in respect of any fixation made under this
Article or ,any •reproduotion the.reof, the
fixation and any reproductions thereof are
destroyed within the same period as applies to
fixations and reproductions of copyright works
under Article 10, except for a single copy
which may be preserved exclusively for archi
val purposes.
CHAPTER VII
Exercise of Neighboring Rights
Article 77. The 'administration of the ·rights con
ferred by Title II 'Of this Law shall be entrusted to the
Guinean Copyright Office (BGDA), mentioned in
Article 46 above.
CHAPTER VIII
Procedure and Sanctions
Article 78. In a civil action brought. by any
person or legal entity whose rights under this Title
are threatened with violation or have been violated,
the following remedies shall be available:
(i) an injunction, upon such terms as the court
may deem reasonable, to restrain violations;
(ii) payment to the complaining party of any
·damages ·suffered by it as a result of a viola
tion, including any profits enjoyed by the viola
tor that are attributable to the violation. If the
violation is found to have been malicious, the
court may, at its discretion, award damages.
Article 79. (1) Any person who gives authoriza
tions on behalf of performers without being a duly
appointed representative, or any person who know
ingly proceeds under such an unlawful authorization,
shall be guillty of a criminal offense punishabie by a
fine of 10,000 to 20,000 sylis.
(2) Any person who fails to affix the notice pro
vided for in Article 69 on copies of published phono
grams or on their containers shall be liable to a fine
not exceeding 10,000 sylis.
CHAPTER IX
Field of Application of Title II
Article 80. Protection of performers under this
Title is available where:
(i) .the performer is a national of the Revolutio
nary People's Republic of Guinea;
{ii) the performan ce took place on the territory of
the Revolution ary People's Republic of Guinea;
(iii) the performanoe is fixed in a phonogram quali
fying for protection under Article 81;
(iv) the performance, which has not been fixed in
a phonogram, is embodied in a broadcast
qualifying for protection under Article 82.
Article 81. Protection of phonogram s under this
Title is available where:
(i) the producer is a national of the Revolutionary
People's Republic of Guinea;
(ii) the first fixation of the sound was made in the
Revolution ary People's Republic of Guinea;
(iii) the phonogram was first published in the
Revolutionary People's Republic of Guinea.
Article 82. Protection of broadcasts under this
Title is available where:
(i) the headquart ers of the organization is situated
in the Revolutionary People's Republic of
Guinea;
(ii) the broadcast was transmitte d from a transmit
ter situated in the Revolutionary People's
Republic of Guinea.
Article 83. This Title shall also apply to perfor
mers who, and to phonograms and broadcasts
which, are to be protected by virtue of the internatio
nal conventions to which the Revolutionary People's
Republic of Guinea is party.
ArNcle 84. Nothing in this Title shall prejudice
the right of persons or legal entities to use, in accor
dance with the requirements ·of this Law, fixations or
reproductions made in good faith before the date of
its coming into force.
Article 85. The provisions of this Title on the
protection of performers, producers of phonogram s
and broadcastm g organizations shall in no way be
interpreted to limit or prejudice the proteotion other
wise secured to authors or to any person or legal
entity under 'I1it1e I of this Law or under any inter
national agreement to which the Revolutio nary
People's Republic of Guinea is party.
FINAL PROVISIO NS
Article 86. All earlier provisions contrary to the
provisions of this Law are repealed.
Article 87. This Law !Shall be registered and pub
lished in the Official Journal of the Republic.