OFFICIAL GAZETTE OF THE TOGOLESE REPUBLIC
August 2, 1991
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(c) distribution to the public of those copies.
Art. 104 –In order to benefit from the protection provided for in Articles 96, 97, 100 and 103, all
copies of the phonograms brought to market or their packaging shall bear the symbol (P) (capital
letter P in a circle), and an indication of the year of the first publication to show clearly that
protection is reserved. If the copies or their packaging do not make it possible to identify the
producer or holder of the license granted by the producer by means of a name, mark or any other
appropriate sign, the notice must also include the name of the holder of the producer’s rights.
Finally, if the copies or their packaging do not make it possible to identify the main performers,
the notice shall also include the name of the person who, in the country where the fixation was
made, owns the rights of the performers.
Art. 105 – The protection of phonogram producers under the terms of this Law shall last for a
period of twentyfive (25) years from the end of the year in which the phonogram was first made.
Art. 106 If a phonogram published for commercial purposes, or a reproduction of such a
phonogram, is used directly for broadcasting or for any communication to the public, a single
equitable remuneration shall be paid by the user to the Copyright Office of Togo (BUTODRA),
which shall distribute it as follows:
50 per cent for the performers;
50 per cent to the phonogram producer if the producer is covered by Article 116 of this
Law. Failing this, it shall be paid to a national fund designed to assist and train Togolese
performers;
the sum received from the Copyright Office of Togo (BUTODRA) shall be shared among
the performers used, in accordance with existing agreements between them;