COPYRIGHT- SEPTEMBER 1990
national ethnic communities, passed from generation to generation, which form one of the fundamental elements of the national traditional cultural
heritage;
-"work inspired by folklore" shall mean any
work composed of elements borrowed from the traditional Gabonese cultural heritage.
Article 7. Works of national folklore shall be
protected without limitation in time.
Article 8. The right of exploitation of folklore
shall be administered by the National Artistic and
Cultural Promotion Agency (ANPAC).
The adaptation of folklore or the utilization of
elements borrowed from folklore must be declared
to the National Artistic and Cultural Promotion
Agency (ANPAC).
The public performance and reproduction of
folklore with a view to exploitation for profit-making purposes shall require authorization from that
body. Such authorization shall be granted against
payment of a royalty, the proceeds of which shall be
used for cultural and welfare purposes for the benefit of the authors. The amount of such royalty shall
be determined according to the regulations in force,
as a function of the conditions customary for protected works in the same category.
Copies of works of national folklore and copies
of translations, adaptations, arrangements and
other transformations of such works, manufactured
abroad without ANPAC's authorization, may be
neither imported nor distributed.
Article 9. The title of a work of the mind shall
enjoy the same protection as the work itself if it is
original in character.
Even if the work is no longer protected under
Articles 34, 35 and 61 of this Law, no one may use
this title to identify a work of the same kind if such
use is liable to mislead.
Article 10. For the purposes of this Law
- "original work" shall mean a work whose characteristic elements and whose form, or whose form
alone, enable its author to be distinguished, that is
to say that it has in no way been inspired by a prior
creation;
-"derived work" shall mean a work whose creation results from the contributions of a number of
natural persons. Such a work may be the result of
relative collaboration where the individual contribution of each author can be clearly identified, or
of absolute collaboration where the individual con-
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LAWS AND TREATIES
tribution of each author can no longer be distinguished in the overall work created jointly;
-"composite work" shall mean a new work in
which a preexisting work or elements of a preexisting work are incorporated without the collaboration of the author of that latter work;
-"collective work" shall mean a work created on
the initiative of a natural or legal person who edits
it, publishes it and discloses it under his direction
and name, and in which the personal contributions
of the various authors who participated in its development are merged in the overall work for which
they were conceived, so that it is impossible to
attribute to each author a separate right in the work
as created;
-"posthumous work" shall mean a work made
available to the public after the death of the author;
-"audiovisual work" shall mean a television,
cinematographic, radio or videographic work or
any other work expressed by analogous processes.
Article 11. Notwithstanding the provisions of
Articles 2 to 5 above, protection shall not apply:
-to laws and regulations and officially published
preparatory work therefor, decisions of the courts
and of administrative bodies and official translations of such texts;
-the news of the day published, diffused or communicated to the public.
Article 12. A work shall be considered created,
irrespective of any public disclosure, by the mere
fact of the author's conception and of its realization, even incomplete.
Article 13. Authorship of a work shall belong,
save proofto the contrary, to that person or persons
under whose name or pseudonym the work is disclosed.
Article 14. A work of collaboration shall belong
jointly to the coauthors. The coauthors must exercise their rights by common accord. In the case of
disagreement, the competent jurisdiction shall decide.
Where the participation of each of the coauthors
is of a different kind, each shall be entitled, in the
absence of agreement to the contrary, to oppose
exploitation of the joint work.
Article 15. The authors of pseudonymous or
anonymous works shall enjoy in such works the
rights afforded by Article 2 above. They shall be
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