COPYRIGHT- SEPTEMBER !990
ducers and producers of radio and teleyision broad·
casts in the following cases:
-for performers, where:
the performer is a Gabonese national,
the performance takes place on Gabonese
territory,
the performance is fixed on a protected
phonogram;
-for phonogram producers, where:
· . the producer is a Gabonese national,
.· ' the first fixation of the sounds has been
··' ,, ·made in the Gabonese Republic,
· ·. ., the phonogram was first published in the
:. ·..
Gabonese Repubiic;
:--for
radio
and :television
producers
.
,·.
. .
.
' where:
'· ' . the headquarters of the radio or television
· organi~ation are loc~ted on Gabonese territory, ..:. ·
t_he radio or television broadcast has been
transmitted
from a st~tio·n located on
...
·· ···
Gabonese territory.
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':-.:
,
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.·' . Artie{f.?9. This Law shall also apply to perfor·mances: - 'phonograms and radio and television
broadcasts protected under international conventions to which Gabon is party.
/I
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LAWS AND TREATIES
for purposes other than those referred to in
Article 85 below.
Article 81. Failing agreement to the contrary or
conditions of employment to the contrary, the authorization to diffuse shall not imply the right to
permit other television or radio organizations to
emit or fix the performance or to reproduce the fixation.
The authorization to fix the performance and to
reproduce such fixation shall not imply the right to
diffuse the performance from the fixation or its
reproductions.
Chapter III
Authorization of the Phonogram Producers
Article 82. No one may accomplish any of the
following acts without the authorization of the phonogram producer:
-the direct or indirect reproduction of copies of
the phonogram ;
-the importation and distribution to the public
of such copies.
Chapter IV
•
_J; ' Chapter II
Authorization of the
Radio and Television Organizations
·· - Authorization of the Performers
--· · Artic/e-:80. No one may accomplish any of the
following acts without the authorization of the performers or their duly accredited representatives:
·:. qhe ; diffusion of their performance, except
where'diffusion is effected from a fixation or where
it is·ar ebroadcast authorized by the radio or television orga:nizatiorr:that emitted the original performan-ce; . f
-communication to the public of their performance, except where communication is made from
a fixation of the performance;
-fixation of their unfixed performance ;
-reproduction of a fixation of their performance
in any of the following cases:
where the performance has been initially
fixed without their authorization,
where the reproduction is made for purposes other than those for which the performers gave their authorization,
where the performance has been initially
fixed, but the reproduction alone is made
GABON _:·Te xt . l; ci.( page 10
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Article 83. No one may accomplish any of the
following acts without the authorization of the radio or television organization:
-the rebroadcasting of its radio or television
broadcasts;
-the fixation of its radio or television broadcasts;
-the reproduction of a fixation of its radio or
television broadcasts.
Article 84. The protection of all neighboring
rights within the meaning of this Law shall subsist
for a period of twenty years as from the end of the
year in which they were first effected.
Chapter V
Limitation on Protection
Article 85. The provisions concerning protection of neighboring rights shall not apply in the
following cases:
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