COPYRIGHT- SEPTEMBER 1990
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LAWS AND TREATIES
represented, in the exercise of these rights, by the
original editor or publisher until such time as they
reveal their identity and prove their authorship.
The declaration referred to in the preceding
paragraph may be made by testament: however,
any rights acquired previously by third parties shall
be maintained.
These provisions shall not apply where the
pseudonym adopted by the author leaves no doubt
as to his identity.
The authors of the screenplay, of the adaptation,
of the script and of the musical compositions, with
or without words, created for the making of the
work, and the director of the work shall be deemed
the coauthors of an audiovisual work made in collaboration.
Where the audiovisual work is derived from a
preexisting protected work, the author of the original work shall be assimilated to the author of the
new work.
Article 16. A composite work shall belong to the
author who has created it, without prej udice to the
rights of the author of the preexisting work.
Article 20. The producer of an audiovisual work
shall be the natural or legal person who takes the
initiative and responsibility for making the work.
The producer may be the author or one of the coauthors of the work if he satisfies the definition given
in Article 19 above.
The relationship between the producer and the
coauthors of such audiovisual works shall be governed by written contract which, with the exception
of the authors of musical compositions with or
without words and unless otherwise agreed, shall
imply assignment to the producer of the exclusive
right of exploitation of the work, to the exclusion of
the other rights.
Article 17. A collective work, in the absence of
proof to the contrary, shall belong t0 the natural or
legal person under whose name it has been disclosed. The author's rights shall vest in that person.
Article 18. In the case of a work produced by an
employee-author under a contract of service, copyright shall belong aborigine to the author in accordance with the provisions of the second paragraph
of Article 2 above.
However, in the case of a three-dimensional
work or of a commissioned portrait in painting,
photography or any other medium, the author shall
not have the right to exploit the work or the portrait
by any means whatsoever without the express authorization of the person who has commissioned
the work. In the event of manifest abuse by the
owner preventing exercise of the right of disclosure,
the competent court may, at the request of the
authors, of the successors in title or of ANPAC,
order any appropriate measure.
Where the work has been produced by employees of an administration as part of their functions, the pecuniary rights deriving from disclosure
of the work may be distributed in accordance with
the special rules of the administration that employs
them.
Where the work has been produced by pupils or
trainees at a school of art or any other teaching
establishment, the pecuniary rights deriving from
disclosure of the work may be distributed in accordance with the special rules of the school or establishment.
Article 19. Authorship of an audiovisual work
shall belong to the natural person or persons who
have brought about the intellectual creation of the
work.
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Article 21. The producer shall enjoy the right to
arrange for the completion of a contribution left
incomplete by one of the coauthors, as a result of
either refusal or for reasons beyond his control.
Such coauthor shall nevertheless enjoy the rights
deriving from his contribution to the audiovisual
work.
The provisions of the second paragraph of Article 14 above shall apply to audiovisual works.
Article 22. The director of an audiovisual work
shall be the natural person who assumes the direction and the artistic responsibility for the transformation into pictures and sound, the cutting of the
work and its final editing.
Article 23. An audiovisual work shall be deemed
to have been completed once the final version has
been established by common accord between the
director or possibly the coauthors and the producer.
Article 24. Authorship of a radio work shall belong to the natural person or persons who have
brought about the intellectual creation of the work.
The provisions of the last paragraph of Article 19
and of Article 21 above shall apply to radio
. ;, .
works.
GABON- Text 1-01 , page 3