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COPYRIGHT- SEPTEMBER 1990
-private use;
-reports of current events on condition that use
is limited to short fragments of a performance, a
phonogram or a radio or television broadcast ;
-use solely for the purposes of teaching and
scientific research ;
-quotations in the form of short fragments of a
performance, a phonogram or a radio or television
broadcast, on condition that they are compatible
with fair practice and justified by the informatory
purpose.
Article 86. The authorization of ANPAC shall
not be required where the fixation or reproduction
is made by a radio or television organization using
its own facilities and for its own broadcasts, on condition that
-for each broadcast of a fixation, a performance
or of reproductions thereof made under this Article, the radio or television organization is entitled
to diffuse the performance concerned;
-for each broadcast of a fixation, a broadcast or
a reproduction of such fixation made under this
Article, the radio or television organization has the
right to diffuse the broadcast ;
-any other fixation or reproduction be effected
for purposes of conservation and archives.
Chapter VI
Procedure and Sanctions
Article 87. Any natural or legal person whose
neighboring rights have been infringed or are
threatened with infringement may institute proceedings before the competent court.
Article 88. Independently of the remedy provided above, any person who knowingly infringes
or causes the infringement of rights protected under
LAWS AND TREATIES
Titl~ II of this Law shall be liable to the sanctions
laid down by the Criminal Code as regards offenses
against literary and artistic property, with the exception of the supplementary penalty of confiscation: ·
TITLE III-RIGHTS IN BLANK MEDIUMS
Article 8ft. Any copy or reproduct~on reserved
for the private use of the copier of works fixed on a
phonogram .or videogram shall entitle ,the authors,
performers, ··phonogram or ,videogram producers
and radio or teievision producers to remuneration.
The remuneration shall be collected prioJ;" tq any
marketing of the produc;~ from the person.' who
manufactures, caus~s to be manufactured or imports the . blank mediums referred to jn the first
paragraph of this .Article.
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The amount of the remuneration shall be fixed
at ten percent of the r~tail selling price, including
all taxes, of the blank medium.
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The remuneration shall be collected by ANPAC
and shall be paid into the special fund referred to in
Article 77 above.
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TITLE IV-MISCELLANEOUS
Article 90. ANPAC alone shall be entitled to
assume the exploitation and protection of the rights
of intellectual creators on the national-t erritory.
It shall automatically take the place of the professional organizations of authqrs hitherto·entitled
to exercise an activity in Gabon.
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Article 91. Regulatory texts ~hall be promulgated where necessary for the : application of this
Law which repeals all earlier contrary provisions;
shall be recorded, p~blis_hed -qij.der· the .emergency
procedure and implemented as a Law of the State;
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