employment from which the contrary would normally
be inferred, the authorization to broadcast docs not
imply the right to permit other broadcasting organizations to broadcast or fix the performance, or to
reproduce the fixation thereof.
The authorization to fix the performance and to
reproduce the fixation does not imply the right to
broadcast the performance from the fixation or any
reproduction thereof.
Article 88. Once the performers have authorized
the incorporation of their performance in an audiovisual fixation, Articles ~6 and '<)7 shall have no
further application.
mcrcc of the published phonogram or of its container
shall bear a notice consisting of the symbol (p) (the
letter "I" within a circle), accompanied by the year
elate of the first publication, placed in such a manner
as to give reasonable notice of claim of protection.
If the copies or their containers do not identify the
producer or the licensee of the producer by carrying
his name, trademark or other appropriate designation, the notice shall also include the name of the
owner of the rights of the producer. If the copies or
their containers do not identify the principal performers, the notice shall also include the name of the
person who, in the country in which the fixation was
made, owns the rights of such performers.
Article 8Y. The protection under this Law shall
subsist for 20 years computed from the end of the
year during which the performance took place.
CI-I APTER :')
Article O(). The authorizations required by Article P,6 may be given by the performer or by a duly
appointed representative to whom he has granted in
writing the right to give such authorization.
Article 91. Any authorization given by a performer claiming that he has retained the relevant
rights or by a person claiming to be the duly appointed representative of a performer shall be considered valid unless the recipient knew or had good
reason to believe that the delegation of powers was
not valid.
Article 92. Any person who gives authorizations
on behalf of performers without being a duly appointed representative, or any person who knowingly
proceeds under such unlawful authorization, shall be
guilty of a criminal offense punishable by a fine of
between JOO,OOO and 150,000 CFA francs.
Authorization of the Broadcasting Ol'gaUiJ,HtiulI;'
Article 95. Without the authorization of the
broadcasting organization, no person shall do any of
the following acts:
the rebroadcasting of its broadcasts;
the fixation of its broadcasts;
the reproduction of a fixation of its broadcasts
where the fixation, from which the reproduction
is made, was done without authorization, or
where the broadcast was initially fixed in accordance with Articles 97 to 99, but the reproduction was made for purposes different from those
referred to in that Article.
A rticlc 96. The protection under this Law shall
subsist for 20 years computed from the end of the
year in which the broadcast took place.
CHAPTER 4
CHAPTER 2
Limitation of Protection
Authorization of Producers of Phonograms
A rt ide 93. Wi thout the authorization of the producer of the phonogram, no person shall do any of
the following acts:
the direct or indirect reproduction of copies of his
phonogram;
the importation of such copies for the purpose of
distribution to the public or the distribution to the
public of such copies.
The protection under this Law shall subsist for
20 years computed from the end of the year during
which the phonogram was published for the first time
or, failing that, was initially made.
A rticlc Y4. As a condition of protecting phonozrums under Articles ~6 and 9:;, all copies in COI1l-
Article 97. The articles relating to neighboring
rights shall not apply in the following cases:
private usc;
the reporting of current events, provided that no
more than short excerpts or a performance, of a
phonogram or of a broadcast arc used;
usc solely for the purposes of teaching or scientific research, subject to Article 98;
quotations in the form of short excerpts of a performance, of a phonogram or of a broadcast,
provided that such quotations are compatible
with fair practice and are justified by the
informatory purpose or such quotations;
such other purposes as constitute exceptions in
respect of works protected by copyright under
this Law.