COPYRiGHT ~
SEPTEMBER 1990
Chapter II
The Scope of Copyright
Article 25. The attributes of an intellectual and
moral nature, the moral rights, shall consist in the
right of the author:
-to decide the disclosure of his work;
-to determine the mode of disclosure, subject to
the provisions of Article 20 above, concerning audiovisual works, and to lay down the conditions
thereof;
-to claim authorship and defend the integrity of the work.
Article 26. The name or pseudonym of the author shall be mentioned each time the work is made
available to the public.
The work may not be modified in any way without the consent of the author given in writing. The
work may not be made available to the public in a
form or under circumstances that could prejudice
.. the honor or reputation of the author.
The rights afforded to the author under the preceding paragraphs shall be perpetual, inalienable
and imprescriptible. On the death of the author,
they may pass to his heirs who shall exercise them,
unless willed otherwise by the author, in accordance with the statutory provisions in force .
LAWS AND TREATIES
Article 29. The exclusive right to authorize exploitation of his work, afforded to the author, shall
cover:
-recitation, performance and public execution of
his works by all means or processes, known or as
yet to be discovered ;
-public transmission by any means of the recitation, performance and execution of his works;
-diffusion of his works or their public communication by any other means serving to diffuse by
wireless means the signs, sounds or images ;
-public communication, either by wire or by
wireless means, of the broadcast work where communication is effected by an organization other
than the original organization;
-public communication of the broadcast work
by loudspeaker or by-any other device that transmits signs, sounds or images, whatever the place of
reception of the communication;
-reproduction of the work in any physical form
whatsoever, particularly in the form of a phonogram or of an audiovisual work;
-placing in circulation of the reproduced work;
-translation, adaptation, arrangement and any
other transformation of his works.
The work shall also comprise the original, subject to any restrictive provisions expressly referred
to in this Law.
...
· -Article 27. In the event of manifest abuse in the
,_pf.ercise or non- exercise of the right of disclosure
on ,the part of the deceased author's successors in
·· title, the competent court, at the request in particu__}~r of ANPAC, may order all appropriate measi.ues.
Article 28. The economic attributes belonging to
the author shall comprise the exclusive right to
exploit his work in any form whatsoever and to
derive pecuniary profit therefrom.
They shall permit, in particular, the exercise of
. the rights
performance, public execution, repro• duction. and of resale royalty (droit de suite).
Performance shall mean the direct communication of t.he work to the public.
Public execution shall consist in communicating
the work to the public by any means or process
whatsoever, including broadcasting and audiovisual means.
Reproduction shall mean the physical fixation of
the work by any process, whether known or as yet
to be discovered.
. Resale royalty right (droit de suite) is defined in
Article 48 of this Law.
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GABON - Text'l-0 1, page 4
Article 30. Unless otherwise provided by this
Law, exploitation of the work shall require the prior
formal authorization in writing of the author or of
his successors in title or assignees.
Any full or partial performance or reproduction
made without the authorization referred to in the
above paragraph shall be unlawfuL T he same shall
apply to translation, adaptation, arrangement,
transformation or reproduction by any process
whatsoever.
Article 31. Notwithstanding any assignment of
his right of exploitation, the author shall enjoy,
even after publication of his work, a right of withdrawal in respect of the assignee. He may not, however, exercise such right except on the condition
that he indemnify the assignee beforehand for any
prejudice that the withdrawal may cause him.
Article 32. A general lien on debtor's property
shall be attached to the author's economic rights. It
shall be exercised immediately after that guaranteeing the salaries of servants.
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