OFFICIAL GAZETTE OF THE TOGOLESE REPUBLIC
August 2, 1991
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Art. 42 – The contract of exploitation shall specify the area of exploitation of the assigned rights
in terms of their scope, place, period of exploitation, and also the remuneration for the author or
his successors.
Art. 43 – Assignment in exchange for payment shall include a proportional share of all types of
revenue for the author.
The remuneration of the author may, however, be assessed as a lump sum where:
it is impossible in practice to determine the basis for calculating a proportional share
accurately;
there are no means of monitoring the application of the share;
the nature or conditions of the exploitation make it too costly or impossible to apply the rule of
proportional remuneration.
Art. 44 Transfer of the ownership of the original copy of a work, or one or more copies thereof,
shall not include transfer of the copyright relating to that work.
In the case of manifest abuse on the part of the owner preventing the exercise of the right of
disclosure, the civil court may order any appropriate measures.
Art. 45 – It shall be lawful to conclude a contract commissioning threedimensional works
including temporary exclusivity not exceeding five years and with respect for the independence
and freedom of expression of the author.