lore, with a view to exploitation for profit-making
purposes shall be subject to prior authorization by
the body referred to in Article 6S, against payment of
a fee of which the amount shall be fixed in accordance with the usual practice in each of the categories of creation involved.
The revenue from such fees shall be administered
by the body referred to in Article 68 and shall be
used for cultural and social purposes of benefit to
Congolese authors.
or is unable to complete it due to circumstances
beyond his control, he shall not be entitled to object
to the use of the part of his contribution already in
existence for the purpose of completing the work.
Unless otherwise agreed, the co-authors of a
cinematographic work may dispose freely of their
personal contributions with a view to their exploitation in a different field, provided that this does not
prejudice the exploitation of the work to which they
have contributed.
Article 19. Article 18 shall not apply where
works of national folklore are used by a public
agency for non-profit-making purposes. However,
such public agency shall be required to make a declaration to the body referred to in Article 68.
Article 26. Prior to undertaking the production
of a work, the producer shall be required to conclude
written contracts with all those persons whose works
are to be used in the production:
Article 20. Copies of works of national folklore
and copies of translations, arrangements or other
transformations of such works, manufactured abroad
without authorization from the body referred to in
Article 68, shall be neither imported nor distributed.
CHAPTER 4
Cinematographic Works
Article 21. In the case of a cinematographic
work, the rights shall belong originally to the intellectual creators of the work.
Unless otherwise proved, the authors of a
cinematographic work made jointly shall be the
authors of the screenplay, of the adaptation, of the
spoken text, of the musical compositions, with or
without words, created for the making of the work,
and the director of the work. Where a cinematographic work is based on a pre-existing protected
work, the author of the original work shall be assimilated to the authors of the new work.
Article 22. The natural or legal person who takes
the initiative and responsibility for making the work
shall be deemed to be the producer of a cinematographic work.
Article 23. The natural person who assumes the
direction of a cinematographic work and the arListic
responsibility for its transformation into pictures and
sound, for the cutting and the final editing shall be
deemed to be the director of the cinematographic
work.
Article 24. A cinematographic work shall be
deemed to have been completed once the first master
print has been established by common accord between the director and the producer.
Article 25. If one of the co-authors refuses [0
complete his contribution to a cinematographic work,
(i) the author of the screenplay,
(ii) the author of the adaptation,
(iii) the author of the musical compositions, with or
without words, specially made for the work,
(iv) the director,
(v) the author of the spoken text.
Unless otherwise agreed, the written contracts
concluded with the intellectual creators of the work
shall imply, to the benefit of the producer and for a
limited period of which the term shall be laid down in
the contract, a presumption of assignment of the
necessary rights for a cinematographic exploitation of
the work, but excluding any other rights. The presumption provided for above shall not apply to preexisting works used in the making of the work nor to
musical works, whether pre-existing or not, with or
without words.
Article 27. In the case of a radio or television
work, the rights shall belong originally to the intellectual creators of the work.
TITLE III
Authors' Rights
CHAPTER I
Economic Rights
Article 28. Subject to Articles 33 to 36, the
author of a protected work shall have the exclusive
right to cia or to authorize the doing of any of the following acts:
reproduction of the work in any material form
whatsoever, including that of cinematograph films
or of phonograms, by any means enabling it to be
communicated to the public: