206
COPYRIGHT -
JUNE 1981
CHAPTER VIII
Domaine Public Payant
Article 45. On expiry of the terms of protection
referred to in Articles 42 and 43, during which are
cognized exclusive right belongs to authors, their
heirs or successors in title, the works of the author
shall fall into the public domain. Exploitation of
works in the public domain shall be subject to:
- respect for moral ·rights;
-
prior declaration;
-
payment of a fee, the product of which shall be
paid to the BGDA and used for cultural and
social purposes for the benefit of authors. The
right of exploitation or performance of works in
the public domain shall be administered by the
BGDA. The rate of the fee shall be specified by
the Ministry of Higher Education and Scientific
Research, and may not exceed 50 Ofo of the rate of
collection by virtue of the copyright during the
period of protection.
CHAPTER IX
Exercise of Copyright
Article 46. The administration of the rights and
the defense of the material and moral interests of cre
ators of intellectual works, as defined in Title I of this
Law, shall be entrusted to a body called the Bureau
guineen du droit d' auteur [Guinean Copyright Office]
(BGDA), the tasks, organization and operation of
which shall be laid down by decree.
The BGDA shall have the status of a public
institution of professional character; it shall be under
the authority of the Ministry of Higher Education and
Scientific Research.
The BGDA shall be entitled, to the exclusion of
any other natural person or legal entity, to act as
intermediary between the author and his successors
in title and the users of literary or artistic works, for
the issue of authorizations and for the collection and
distribution of the royalties payable for rights as
specified in this Law.
The BGDA shall represent the interests of the
various foreign authors' offices or societies on the
national territory under such conventions or agree
ments as it may have entered into with them.
CHAPTER X
Procedure and Sanctions
Article 47. The BGDA shall be entitled to be
party to legal proceedings in the defense of the
interests entrusted to it, notably in all disputes di
recly or indirectly concerning the reproduction or
communication to the public of works protected
under the provisions of this Law.
Article 48. The user of a work of folklore or of
the right of performance of a work in the public
domain who fails to make the appropriate prior
declaration to the BGDA shall be liable to a fine
amounting to twice the amount of the royalties nor
mally payable, but not less than 500 sylis.
Article 49. It shall be prohibited and shall con
stitute an act of infringement to import into the terri
tory of the Revolutionary People's Republic of Gui
nea any rep:roduction of a work made in violation of
the provisions of this Law.
Article 50. At the request of any author of a
work protected by this Law, his successors in title or
the BGDA, the examining magistrate to whom the
infringement has been referred or the president of
the court in all cases, including when the interests of
the author risk imminent violation, shall be em
powered, subject to security where appropriate, to
order the seizure in any place, and even at hours
not provided for in the law in force, of copies of
an unlawfully reproduced work that have been or
are being manufactured, of unlawfully used copies
and of the p:roceeds of any unlawful reproduction,
performance or dissemination of a protected work.
He may also order the cessation of any manu
facture or public performance, either in progress or
announced, that constitutes an infringement or an act
preparatory to infringement.
The provisions of this Article shall be applicable
in the case of irregular exploitation of folklore or by
reason of performance of a work in the public
domain.
Article 51. Where the proceeds from exploitation
due to the author of an intellectual work are the
subject of a seizure, the president of the court may
order payment to the author, as maintenance, of a
specified sum or proportion of the amounts seized.
Article 52. The measures ordered by the exam
ining magistrate under Article 50 shall be withdrawn
automatically in the event of a non-suit or nolle
prosequi order.
They may be withdrawn at any time by the exam
ining magistrate or by the criminal jurisdiction, on
condition, where appropriate, that security is given
or a receiver is appointed to resume the manufacture
or the public performances and to hold· the proceeds
from the exploitation of the work on behalf of the
owner to be determined.
The measures ordered by the president of the
court shall be withdrawn automatically on the
30th day following the decision if the plaintiff fails
to refer the matter to the competent civil court,