COPYRIGHT- SEPTEMBER 1990
may further authorize resumption of manufacture
or of public performance under the authority of an
administrator appointed as a receiver of the proceeds of such manufacture or exploitation on behalf
of the person to whom the work belongs.
Article 68. The judge sitting in chambers may, if
he accepts the request of the distrainee or garnishee, order the deposit by the petitioner of an
amount to guarantee the damages to which the
author of the work or his successors in title may be
entitled.
Article 69. The measures ordered by the magistrate under Article 65 above shall be automatically
lifted in the event of a non-suit or a nolle prosequi.
Article 70. The measures ordered by the presiding judge shall be lifted automatically on the thirtieth day following the decision if the petitioner
fails to submit the matter to the competent civil
court, unless criminal proceedings are in progress.
Article 71. ANPAC shall be authorized to appoint agents to secure proof of the existence of a
performance or an execution or a public diffusion
of any kind or of any infringement ofthe provisions
of this Law on the territory of the Gabonese
Republic. These agents shall be sworn before the
first-instance court of their district in accordance
with conditions set out by decree.
Article 72. The authorities of all security forces
and the customs administration shall be required,
at the request of the representatives of ANPAC, to
give their assistance and, where appropriate, their
protection.
Article 73. Any legal or natural person who has
permitted unlawful reproduction or communication to the public in his establishment of protected
works shall be deemed to have civil responsibility
for such unlawful reproduction or public communication, together with any other person, whether his
agent or not, who has materially committed the
infringement.
LAWS AND TREATIES
Article 75. Any person who has infringed the
copyright afforded to any protected work shall be
liable for damages of an amount to be determined
by the competent court.
Article 76. In all those cases provided for in this
Chapter, the court shall order ex officio the confiscation of the unlawfully collected amounts and of
all infringing copies and objects. It may also order
confiscation of the equipment used to commit the
infringement.
Chapter VIII
Scope of Application of the Law
Article 77. Works of the mind of nationals "iri.tblished in Gabon or abroad or unpublished \.Vorks
shall enjoy the protection of this Law. The same
shall apply to new works by foreign nationals published on the territory of Gabon.
Subject to application of the international· conventions to which the Gabonese Republic i·s·· a
party, works not comprised in either of the abovementioned categories shall not enjoy the protect~Rn
afforded by this Law unless the country of wh1ch
the original owner of copyright is a national, or in
which he is domiciled, affords equivalent protection to works by Gabonese nationals. However,
neither the integrity nor the authorship of those
works shall be affected.
The list of countries for which the condition of
reciprocity required by the preceding paragraph is
deemed to have been met shall be established b>y an
order issued jointly by the Minister responsible.ior
culture and the Minister responsible for foreign
·· .
affairs and cooperation.
The use of foreign works not enjoying protection
under this Law shall be subject to payment of a fee
to ANPAC under conditions similar to those applicable to protected works.
..L·
This fee shall be paid into a special fund established for cultural and welfare_purposes.fo:r tb.e b.enefit of Gabonese authors.
TITLE II-NEIGHBORING 'RIGHTS
Article 74. The exploitation of a work of folklore or of a work in the public domain for which
prior authorization has not been obtained from
ANPAC shall be liable to a civil fine amounting to
twice the due fee, in accordance with the regulations in force.
GA
Chapter
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The Protection of-Neighboring Rights· . .:_;:,;
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Article,' :78. The oprov.:isions of .t his .Law' shall
apply to the_rights of performers,. phonogtaril';pro-