COPYRIGHT- SEPTEMBER 1990
Article 33. When the work has been lawfully
made available to the public, the author may not
prohibit:
-communications such as performance, execution, diffusion:
where they are private, made exclusively
within a family circle and generate no receipts of any kind;
if they are made free of charge for strictly
educational or welfare purposes or during
a religious service in premises reserved for
that purpose;
-reproductions, translations and adaptations intended for strictly personal and private use.
Article 34. Subject to mention of the title of the
work and the name of the author, analyses and
short quotations taken from a work already made
lawfully available to the public shall be lawful on
condition that they comply with fair use and to the
extent that they are justified by the scientific, critical, polemic, teaching or informatory purpose, including quotations from newspaper articles and periodicals in the form of press reviews.
Such analyses and quotations may be used m
their original version or in translation.
Article 35. Literary, scientific or artistic works
seen or heard in the course of a current event may,
for the purposes of information, be reproduced and
made available to the public in a report on that
event by means of photography, cinematography or
sound or visual diffusion.
Article 36. Subject to mention of the name of
the author and of the source and provided that the
rights of reproduction or diffusion have not been
expressly reserved, the following may be reproduced by the press or diffused for informatory purposes:
-articles on current economic, political or religious topics published in the original version or in
translation in newspapers or periodicals or diffused;
- speeches intended for the public, made at deliberative assemblies, public court hearings or at
public political meetings and official ceremonies.
Article 37. Works of art, including architectural
works, permanently located in a public place, may
be reproduced and made available to the public by
means of cinematography, photography or television. The same shall apply where the inclusion of
such a work in a film or a broadcast is of an acces-
GA
LAWS AND TREATIES
sory or incidental nature only in relation to the
main subject.
Article 38. Unless otherwise stipulated, the authorization for sound or visual diffusion shall cover
all free communication, either sound or visual,
made by the radio and television broadcasting organization using its own technical and artistic facilities and under its own responsibility.
Pursuant to the provisions of Article 28 above,
this authorization shall not cover church clubs and
public places such as cafes, restaurants, hotels, cabarets, shops in general, cultural centers, private
clubs, for ..which prior authorization must be requested in accordance with the fifth paragraph of
Article 29 above.
Article 39. By derogation from Article 30 above
and without prejudice to the rights of the author in
the diffusion of his work, the radio and television
broadcasting organization may, for its own broadcasts, record the work by means of its own technical
facilities for the purpose of subsequent diffusion
dictated by timetable or technical reasons.
The diffusion of such recordings shall require
declaration.
Article 40. Non- exclusive and non-assignable
licenses may be granted by ANPAC to any
Gabonese national who so requests with respect
to:
-the translation of foreign works already made
lawfully available to the public and their publication on the national territory;
-the reproduction and publication on the national territory of foreign works already made lawfully available to the public.
Article 41. Such licenses shall apply to works
intended for:
-purposes limited to school, university or research use, as regards Article 40 above ;
-purposes limited to the needs of school arid
post-university teaching, as regards Article ·'40
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The grant of a license shall not prejudice the
author's moral rights afforded by Article ·25 of this
Law.
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Chapter III
Transfer of Copyright
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Article 42. Copyright may be transfe1Ted by 'succession to the author's heirs or his legatees. ·.. , · ·.i.
GABON- Text 1-01; page 5