Article 98. However, licenses shall be issued by
the Ministry responsible for culture for the reproduction of copies of phonograms where such reproduction is for the sole purpose of teaching or of
scientific research, is made and distributed on the
territory of the Congo, excluding any exportation of
copies, and implies for the producer of the phonograms an equitable remuneration laid down by the
Ministry, taking into account, in particular, the
number of copies to be made and distributed.
Article 99. The requirements for authorization
under Articles 86, 93 and 95 for making fixations of
performances and broadcasts, for reproducing such
fixations and for reproducing phonograms publishecl
for commercial purposes shall not apply where the
fixation or reproduction is made by a broaclcasting
organization by means of its own facilities and for its
own broadcasts, provided that:
in respect of each broadcast of a fixation of a
performance or of a reproduction thereof made
under this Article, the broadcasting organization
has the right to broadcast the particular performance;
in respect of each broadcast of a fixation of a
broadcast, and each broadcast of a reproduction
of such fixation, made under this Article, the
broadcasting organization has the right to broadcast the particular broadcast;
in respect of any fixation made under this Article
or any reproduction thereof, the fixation and any
reproductions thereof are destroyed within the
same period as applies to fixations and reproductions of works protected by copyright under
Article 34 of this Law, except for a single copy
which may be preserved exclusively for archival
purposes.
CHAPTER 5
Procedure and Sanctions
Article j()(). In a civil action brought by any
natural or legal person whose rights under this Law
are threatened with infringement or have been infringed, the following remedies shall be available:
an injunction, upon such terms as the court may
deem reasonable, to restrain infringement;
compensation for any damages suffered as a
result of the infringement, including any profits
obtained by the infringer that are attributable to
the infringement. If the infringement is found to
have been malicious, the court may, at its discretion, award exemplary damages.
Article 101. Without prejudice to the remedies
available under Article 100, any person who knowingly infringes, or causes to be infringed, the rights
protected under this Law shall be liable to a fine of
not more than h(),OOO CFA francs for the first
offense, and shall be liable to a fine of not more than
I()O,OOO CFA francs or to imprisonment for not more
than three months, or both, for each subsequent
offense.
CHAPTER ()
Miscellaneous Provisions
Article 102. Nothing in this Law shall prejudice
the right of natural or legal persons to use, in accordance with the conditions stipulated above, fixations
or reproductions made in good faith before the date
of its coming into force.
The preceding provisions on the protection of
performers, producers of phonograms and broadcasting organizations shall in no way be interpreted as
limiting or prejudicing the protection afforded to
authors or to any natural or legal person under this
Law or under any international copyright agreement
to which the Congo is a party.
Article 103. All earlier provisions contrary to
this Law, in particular Law No. 57-298, of March II,
1957, and Ordinance 30-70, of August 18, 1970,
shall be repealed.
Article j()4. Subsequent instruments will set out
the conditions for implementing this Law, particularly as regards Articles 28 and 70.
Article 105. Until a date to be set by the instruments relating to Article h8, the professional bodies
of authors that are properly constituted shall provisionally exercise, within the framework of this Law,
the activities entrusted to the professional body of
authors referred to in Article 68.
Article 1()(j. Contracts concluded prior to the
entry into force of this Law shall automatically continue to be valid until their expiry and shall be
governed by this Law.
Article j()7. This Law shall be implemented as a
law of the State and shall be published in the Official
Journal of the People's Republic of the Congo.